Ohio § 2921.22

§ 2921.22.

(A)(1) Except as provided in division (A)(2) of this section, no person, knowing that a

felony has been or is being committed, shall knowingly fail to report such information

to law enforcement authorities. (2) No person, knowing that a violation of division (B) of section 2913.04 of the Revised Code has been, or is being committed or that the person has received information derived

from such a violation, shall knowingly fail to report the violation to law enforcement

authorities. (B) Except for conditions that are within the scope of division (E) of this section,

no person giving aid to a sick or injured person shall negligently fail to report

to law enforcement authorities any gunshot or stab wound treated or observed by the

person, or any serious physical harm to persons that the person knows or has reasonable

cause to believe resulted from an offense of violence. (C) No person who discovers the body or acquires the first knowledge of the death of

a person shall fail to report the death immediately to a physician or advanced practice

registered nurse whom the person knows to be treating the deceased for a condition

from which death at such time would not be unexpected, or to a law enforcement officer,

an ambulance service, an emergency squad, or the coroner in a political subdivision

in which the body is discovered, the death is believed to have occurred, or knowledge

concerning the death is obtained.  For purposes of this division, “advanced practice registered nurse” does not include

a certified registered nurse anesthetist. (D) No person shall fail to provide upon request of the person to whom a report required

by division (C) of this section was made, or to any law enforcement officer who has

reasonable cause to assert the authority to investigate the circumstances surrounding

the death, any facts within the person's knowledge that may have a bearing on the

investigation of the death. (E)(1) As used in this division, “ burn injury ” means any of the following: (a) Second or third degree burns; (b) Any burns to the upper respiratory tract or laryngeal edema due to the inhalation

of superheated air; (c) Any burn injury or wound that may result in death; (d) Any physical harm to persons caused by or as the result of the use of fireworks,

novelties and trick noisemakers, and wire sparklers, as each is defined by section 3743.01 of the Revised Code . (2) No physician, nurse, physician assistant, or limited practitioner who, outside a

hospital, sanitarium, or other medical facility, attends or treats a person who has

sustained a burn injury that is inflicted by an explosion or other incendiary device

or that shows evidence of having been inflicted in a violent, malicious, or criminal

manner shall fail to report the burn injury immediately to the local arson, or fire

and explosion investigation, bureau, if there is a bureau of this type in the jurisdiction

in which the person is attended or treated, or otherwise to local law enforcement

authorities. (3) No manager, superintendent, or other person in charge of a hospital, sanitarium,

or other medical facility in which a person is attended or treated for any burn injury

that is inflicted by an explosion or other incendiary device or that shows evidence

of having been inflicted in a violent, malicious, or criminal manner shall fail to

report the burn injury immediately to the local arson, or fire and explosion investigation,

bureau, if there is a bureau of this type in the jurisdiction in which the person

is attended or treated, or otherwise to local law enforcement authorities. (4) No person who is required to report any burn injury under division (E)(2) or (3)

of this section shall fail to file, within three working days after attending or treating

the victim, a written report of the burn injury with the office of the state fire

marshal.  The report shall comply with the uniform standard developed by the state fire marshal

pursuant to division (A)(15) of section 3737.22 of the Revised Code . (5) Anyone participating in the making of reports under division (E) of this section

or anyone participating in a judicial proceeding resulting from the reports is immune

from any civil or criminal liability that otherwise might be incurred or imposed as

a result of such actions.  Notwithstanding section 4731.22 of the Revised Code , the physician-patient relationship or advanced practice registered nurse-patient

relationship is not a ground for excluding evidence regarding a person's burn injury

or the cause of the burn injury in any judicial proceeding resulting from a report

submitted under division (E) of this section. (F)(1) No person who knows that a licensed medical professional has committed an offense

under Chapter 2907. of the Revised Code, a violation of a municipal ordinance that

is substantially equivalent to such offense, or a substantially equivalent criminal

offense in another jurisdiction, against a patient of the licensed medical professional

shall fail to report such knowledge to law enforcement authorities within thirty days

of obtaining the knowledge. (2) Except for a self-report or participation in the offense or violation being reported,

any person who makes a report within the thirty-day period provided in division (F)(1)

of this section or any person who participates in a judicial proceeding that results

from such report is immune from civil or criminal liability that otherwise might be

incurred or imposed as a result of making that report or participating in that proceeding

so long as the person is acting in good faith without fraud or malice. (3) The physician-patient relationship or physician assistant-patient relationship is

not a ground for excluding evidence regarding the person's knowledge of a licensed

medical professional's commission of an offense or violation reported under division

(F)(1) of this section, against that licensed medical professional in any judicial

proceeding resulting from a report made under that division. (4) As used in division (F) of this section, “licensed medical professional” has the

same meaning as in section 2907.01 of the Revised Code . (G)(1) Any doctor of medicine or osteopathic medicine, hospital intern or resident, nurse,

psychologist, social worker, independent social worker, social work assistant, licensed

professional clinical counselor, licensed professional counselor, independent marriage

and family therapist, or marriage and family therapist who knows or has reasonable

cause to believe that a patient or client has been the victim of domestic violence,

as defined in section 3113.31 of the Revised Code , shall note that knowledge or belief and the basis for it in the patient's or client's

records. (2) Notwithstanding section 4731.22 of the Revised Code , the physician-patient privilege or advanced practice registered nurse-patient privilege

shall not be a ground for excluding any information regarding the report containing

the knowledge or belief noted under division (G)(1) of this section, and the information

may be admitted as evidence in accordance with the Rules of Evidence. (H) Divisions (A) and (D) of this section do not require disclosure of information, when

any of the following applies: (1) The information is privileged by reason of the relationship between attorney and

client;  physician and patient;  advanced practice registered nurse and patient;  licensed

psychologist or licensed school psychologist and client;  licensed professional clinical

counselor, licensed professional counselor, independent social worker, social worker,

independent marriage and family therapist, or marriage and family therapist and client;

 member of the clergy, rabbi, minister, or priest and any person communicating information

confidentially to the member of the clergy, rabbi, minister, or priest for a religious

counseling purpose of a professional character;  husband and wife;  or a communications

assistant and those who are a party to a telecommunications relay service call. (2) The information would tend to incriminate a member of the actor's immediate family. (3) Disclosure of the information would amount to revealing a news source, privileged

under section 2739.04 or 2739.12 of the Revised Code . (4) Disclosure of the information would amount to disclosure by a member of the ordained

clergy of an organized religious body of a confidential communication made to that

member of the clergy in that member's capacity as a member of the clergy by a person

seeking the aid or counsel of that member of the clergy. (5) Disclosure would amount to revealing information acquired by the actor in the course

of the actor's duties in connection with a bona fide program of treatment or services

for persons with drug dependencies or persons in danger of drug dependence, which

program is maintained or conducted by a hospital, clinic, person, agency, or community

addiction services provider whose alcohol and drug addiction services are certified

pursuant to section 5119.36 of the Revised Code . (6) Disclosure would amount to revealing information acquired by the actor in the course

of the actor's duties in connection with a bona fide program for providing counseling

services to victims of crimes that are violations of section 2907.02 or 2907.05 of the Revised Code or to victims of felonious sexual penetration in violation of former section 2907.12

of the Revised Code.  As used in this division, “ counseling services ” include services provided in an informal setting by a person who, by education or

experience, is competent to provide those services. (I) No disclosure of information pursuant to this section gives rise to any liability

or recrimination for a breach of privilege or confidence. (J) Whoever violates division (A), (B), or (F)(1) of this section is guilty of failure

to report a crime.  Violation of division (A)(1) or (F)(1) of this section is a misdemeanor of the fourth

degree.  Violation of division (A)(2) or (B) of this section is a misdemeanor of the second

degree. (K) Whoever violates division (C) or (D) of this section is guilty of failure to report

knowledge of a death, a misdemeanor of the fourth degree. (L)(1) Whoever negligently violates division (E) of this section is guilty of a minor misdemeanor. (2) Whoever knowingly violates division (E) of this section is guilty of a misdemeanor

of the second degree. (M) As used in this section, “ nurse ” includes an advanced practice registered nurse, registered nurse, and licensed practical

nurse.