Law reintroduced after Dispatch investigation uncovered extent of doctor sex abuse in Ohio

Legislation that aims to better protect patients from potentially sexually abusive doctors has been reintroduced at the Ohio Statehouse.

Senate Bill 109, proposed by State Sen. Bob Hackett, R-London, on April 18, would require doctors on probation for sexual misconduct to notify their patients in writing.

Among other measures, the bill would also allow the State Medical Board of Ohio to take action more quickly when a physician is accused of sexual misconduct and would require prosecuting attorneys to notify the board if a doctor is convicted or pleads guilty to a specific felony or misdemeanor in court.

The bill appears to be nearly identical to Senate Bill 322, which was introduced last year and went nowhere. The latest iteration received its first hearing Wednesday, meaning it's already moved further in the legislature than last year's version.

Preying On Patients: State medical board failed to protect Ohioans from doctors' sexual misconduct

The progress comes 12 weeks after a Dispatch investigation into sexual misconduct by Ohio doctors and the state medical board's handling of accusations throughout 42 years.

"I'm sitting here kind of shocked that these protections aren't in place already," State Sen. Kent Smith, D-Euclid, said during a judiciary committee meeting where the first hearing on the bill was held.

Hackett, who introduced versions of the legislation last year and in April, said the law is needed to prevent sexual abuse by physicians like Dr. Richard Strauss from ever going unchecked again. Strauss was accused of sexually abusing at least 177 former students and athletes during his time as a doctor at Ohio State University.

The Dispatch's investigation revealed that Strauss was no outlier in his abuse.

Since 1980, at least 256 Ohio doctors have faced disciplinary action for sexual misconduct. Of those doctors, 199 sexually abused or harassed 449 patients, The Dispatch revealed.

Those figures don't include an unknown number of victims who have never come forward or complaints that in the past were not fully investigated.

"I wanted to reintroduce this legislation because it was an unthinkable tragedy that greatly affected the citizens of Ohio, who we have a duty to protect," Hackett said about the Strauss scandal in a statement to The Dispatch. "Senate Bill 109 seeks to increase accountability of licensed medical professionals by holding them to the same standard as other professions with an existing power dynamic, while providing the state medical board enough resources to remove bad actors from practice in a timely manner.”

The bill is one of two that were introduced after The Dispatch's "Preying On Patients" series to address sexual misconduct by medical professionals. The first was House Bill 89, which would prohibit medical providers from conducting intimate exams unless medically necessary or for certain other exceptions.

While it remains unclear whether either piece of legislation will pass and be signed into law, Gov. Mike DeWine has signaled he'd likely support at least Senate Bill 109.

After the Strauss scandal came to light in 2018, the governor established a working group to examine how the doctor escaped discipline from the medical board. The group determined that despite taking some initial steps to gather records, the Strauss investigation inexplicably sat inactive for months and was eventually closed in 2002.

Read More: 'Nobody cares': Columbus-area man took his own life after accusing doctor of sexual abuse

DeWine previously praised The Dispatch's investigation and said he hoped it would propel legislation on the issue. Dan Tierney, the governor's spokesman, said DeWine remains supportive of legislative action to better safeguard patients.

"Governor DeWine is committed to working with the General Assembly to further root out patient abuse and hold perpetrators accountable," Tierney said.

An alteration to state law would cap a number of changes the medical board has made in response to the Strauss scandal over the years.

New protocols lay out a detailed guide for State Medical Board workers to ensure victims are interviewed, that law enforcement is notified and that a patient advocate is involved every step of the way, said board Executive Director Stephanie Loucka. A new transparency webpage also details the type and number of complaints made each year.

Loucka praised Hackett for reintroducing the legislation that "prioritizes patient safety."

"Senate Bill 109 equips the medical board with more robust enforcement tools to discipline licensees who violate sexual misconduct laws and regulations," Loucka said. "The board will remain actively engaged as the committee hearing process ensues.

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This article originally appeared on The Columbus Dispatch: After a Dispatch series, a law on on doctor sex abuse was re-proposed