(a) No person, knowing that a felony has been or is being committed, shall knowingly fail to report such information to law enforcement authorities.
(b) Except for conditions that are within the scope of division (e) of this section, no physician, limited practitioner, nurse or 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 him or her, or any serious physical harm to persons that he or she 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 any person shall fail to report the death immediately to any physician 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, ambulance service, 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.
(d) No person shall fail to provide upon request of the person to whom he or she has made a report required by division (c) of this section, or to any law enforcement officer who has reasonable cause to assert the authority to investigate the circumstances surrounding the death, any facts within his or her knowledge that may have a bearing on the investigation of the death.
(e) (1) As used in this division (e), “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 super- heated 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 fireworks, novelties and trick noisemakers, and wire sparklers, as each is defined in RC 3743.01.
(2) No physician, nurse or limited practitioner who, outside a hospital, sanitarium or other medical facility, attends or treats a person who has sustained a burn injury 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 bureau, if there is such a bureau 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 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 bureau, if there is such a bureau 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 (3) 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 be made on a form developed by the State Fire Marshal.
(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 shall be immune from any civil or criminal liability that otherwise might be incurred or imposed as a result of such actions. Notwithstanding RC 4731.22, the physician-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 pursuant to division (e) of this section.
(f) (1) Any doctor of medicine or osteopathic medicine, hospital intern or resident, registered or licensed practical nurse, psychologist, social worker, independent social worker, social work assistant, professional clinical counselor, professional counselor, or professional counselor’s assistant who knows or has reasonable cause to believe that a patient or client has been the victim of domestic violence, as defined in RC 3113.31, shall note that knowledge or belief and the basis for it in the patient’s or client’s records.
(2) Notwithstanding RC 4731.22, the doctor-patient privilege shall not be a ground for excluding any information regarding the report containing the knowledge or belief noted pursuant to division (f)(1) of this section, and the information may be admitted as evidence in accordance with the Rules of Evidence.
(g) Division (a) or (d) of this section does 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, doctor and patient, licensed psychologist or licensed school psychologist and client, clergyman or rabbi or minister or priest and any person communicating information confidentially to him or her for a religious counseling purpose in his or her 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 RC 2739.04 or 2739.12;
(4) Disclosure of the information would amount to disclosure by an ordained clergyman of an organized religious body of a confidential communication made to him or her in his or her capacity as such by a person seeking his or her aid or counsel;
(5) Disclosure would amount to revealing information acquired by the actor in the course of his or her duties in connection with a bona fide program of treatment or services for drug dependent persons or persons in danger of drug dependence, which program is maintained or conducted by a hospital, clinic, person, agency or organization certified pursuant to RC 3793.06;
(6) Disclosure would amount to revealing information acquired by the actor in the course of his or her duties in connection with a bona fide program for providing counseling services to victims of crimes that are violations of RC 2907.02, 2907.05 or 2907.12. 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 such services.
(h) No disclosure of information pursuant to this section gives rise to any liability or recrimination for a breach of privilege or confidence.
(i) Whoever violates division (a) or (b) of this section is guilty of failure to report a crime. Violation of division (a) of this section is a misdemeanor of the fourth degree. Violation of division (b) of this section is a misdemeanor of the second degree.
(j) 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.
(k) (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.
(RC 2921.22; Ord. No. 1631-05. Passed 3-20-06, eff. 3-24-06)