01/01/2016

Suspected Drug Activity Reporting Amendment

Ohio ACEP successfully opposed amendment giving physicians authority to report patients to law enforcement for suspected drug activity

During the lengthy negotiations over the state biennial budget (House Bill 64), an amendment was added to the legislation which would have given physicians express authority to report suspected patient drug abuse to law enforcement. Ohio ACEP opposed the amendment as initially written over concerns the proposal could have undermined trust between physicians and patients and have a chilling effect on patients’ willingness to seek care.

On May 21, Ohio ACEP President, Dr. Michael McCrea delivered testimony before members of the Senate Medicaid Committee expressing the Chapter’s concerns, saying in part:

“[T]he first call for these patients should not be the police. Our national organization, ACEP, has policy positions against mandatory reporting for impaired drivers or for victims of domestic violence for the same reason: such requirements would impede access to care when patients most need it. Instead these individuals, their families, and Ohio would be better served with increased access to recovery resources.”

Thanks to Ohio ACEP’s work with lawmakers, the provision was amended to stress that physicians may report drug activity to a mental health professional rather than law enforcement.