Ohio § 4761.19 Reporting impairment; liability

Ohio Statutes

§ 4761.19 — Reporting impairment; liability

Ohio § 4761.19

Title 47Occupations-Professions

Ch. 4761Respiratory Care

This text of Ohio § 4761.19 (Reporting impairment; liability) is published on Counsel Stack Legal Research, covering Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ohio Rev. Code Ann. § 4761.19 (2026).

Text

A respiratory care professional, professional association or society of respiratory care professionals, physician, or professional association or society of physicians that believes a violation of division (A)(14) or (18) of section4761.09of the Revised Code has occurred shall report the information upon which the belief is based to the monitoring organization conducting the confidential monitoring program established under section4731.25of the Revised Code. If any such report is made to the state medical board, it shall be referred to the monitoring organization unless the board is aware that the individual who is the subject of the report does not meet the program eligibility requirements of section4731.252of the Revised Code.

An individual or entity that reports to the board, reports t

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A respiratory care professional, professional association or society of respiratory care professionals, physician, or professional association or society of physicians that believes a violation of division (A)(14) or (18) of section4761.09of the Revised Code has occurred shall report the information upon which the belief is based to the monitoring organization conducting the confidential monitoring program established under section4731.25of the Revised Code. If any such report is made to the state medical board, it shall be referred to the monitoring organization unless the board is aware that the individual who is the subject of the report does not meet the program eligibility requirements of section4731.252of the Revised Code.

An individual or entity that reports to the board, reports to the monitoring organization described in section4731.25of the Revised Code, or refers an impaired respiratory care professional to a treatment provider approved under section4731.251of the Revised Code shall not be subject to suit for civil damages as a result of the report, referral, or provision of the information.

In the absence of fraud or bad faith, a professional association or society of respiratory care professionals that sponsors a committee or program to provide peer assistance to a respiratory care professional with substance abuse problems, a representative or agent of such a committee or program, a representative or agent of the monitoring organization described in section4731.25of the Revised Code, and a member of the state medical board shall not be held liable in damages to any person by reason of actions taken to refer a respiratory care professional to a treatment provider approved under section4731.251of the Revised Code for examination or treatment.

Last updated September 5, 2023 at 2:56 PM