State Medical Board v. Miller

Summary

The Ohio Supreme Court held that the physician-patient privilege does not prevent the State Medical Board from compelling production of patient records under R.C. 4731.22(C)(1) during an investigation of suspected physician misconduct. The court reasoned that the statute’s confidentiality safeguards serve the primary purpose of the privilege and that the public interest in regulating licensed physicians outweighs the privilege in this context.

Holdings

1. R.C. 2317.02(B) may not be used by a physician to prevent the State Medical Board from compelling production of patient records pursuant to R.C. 4731.22(C)(1).
2. R.C. 4731.22(C)(1) and R.C. 2317.02(B) are not in conflict, and the physician-patient privilege does not have the broad application urged by the physician in the context of a State Medical Board investigation.

Questions Presented

1. Whether the physician-patient privilege under R.C. 2317.02(B) prevents the State Medical Board from compelling production of patient records under R.C. 4731.22(C)(1).
2. Whether R.C. 4731.22(C)(1) and R.C. 2317.02(B) conflict after the 1987 amendment to the medical-board statute.

Disposition

affirmed