A change buried in Ohio's HB346 just made mandatory abuse reporting harder—and the penalty for missing it is steeper.
Most Ohio health care professionals don't realize that a provision in HB346 (Enact V.J.'s Law) has fundamentally changed how they must report suspected child abuse. And that change took effect immediately upon enactment.
Here's what changed: Under the old rule, health care professionals—physicians, nurses, dentists, psychologists, social workers, and home health agency employees—could satisfy their mandatory reporting obligation by contacting either a peace officer or the Public Children's Services Agency (PCSA). One report to one entity was enough.
That's no longer true. Section 2151.421(A)(1)(c), added by HB346, now requires health care professionals to report to both a peace officer and the PCSA. Making only one report—even if you made it promptly and in good faith—no longer satisfies the legal requirement.
The law applies to any health care professional with a duty to report suspected child abuse or neglect. That includes:
If your practice employs any of these professionals, or if you are one, this applies to you.
Failure to report to both entities—or failure to report at all—is now a first-degree misdemeanor. That means potential exposure to up to 180 days in jail and a fine up to $1,000 per violation. This is a serious criminal charge, not a civil penalty or license sanction.
The distinction matters. A professional who reports to police but forgets to contact PCSA (or vice versa) could face criminal prosecution, even if the report was made in good faith and the abuse was investigated.
HB346 had no delayed effective date. The dual-reporting requirement is in effect now. If your practice hasn't updated its abuse-reporting protocols since the bill's enactment, this is a gap worth closing immediately.
Review your current mandatory reporting procedures. Make sure your staff knows they must contact both a local law enforcement agency (police department or sheriff) and the PCSA in your county. Document both reports. Consider creating a checklist or log to ensure both entities are contacted and to create a clear record that you've complied with the law.
If you're unsure which PCSA office serves your county or which law enforcement agency to contact, your local health department or professional association can help clarify.
The change is straightforward in concept but easy to miss in practice. The cost of missing it—legally and professionally—is significant.
For a detailed, practice-specific guide to HB346's reporting requirements, contact your professional association or local business counsel.