Ohio Rev. Code » Chapter 2305
Ohio Revised Code

Ohio Rev. Code § 2305.28 (2026)

Peer or professional standards review committee or counseling and assistance committee of a professional organization not liable for actions taken

✓ current as of May 2026
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Effective:
July 1, 1992
Latest Legislation:
Senate Bill 84 - 119th General Assembly
PDF:
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(A) As used in this section, "counseling and assistance committee" means a committee of a professional organization whose purpose is to render counseling and assistance to members of the profession whose personal or professional lives are or reasonably appear to be impaired by reason of substance abuse, chemical dependency, or mental illness.

(B) No member or employee of a peer review committee, professional standards review committee, or counseling and assistance committee of a state or local professional organization composed of doctors of chiropractic, doctors of veterinary medicine, attorneys at law, real estate brokers, architects, professional engineers, certified public accountants, public accountants, or registered nurses is liable to any person for any action taken or recommendation made within the scope of the functions of the committee, if the committee member or employee acts without malice and in the reasonable belief that the action or recommendation is warranted by the facts known to him after reasonable effort to obtain the facts of the matter as to which the action is taken or recommendation is made.

(C) Division (B) of this section also shall apply to any member or employee of a nonprofit corporation that is engaged in performing the functions of a peer review committee, professional standards review committee, or counseling and assistance committee of a state or local professional organization composed of doctors of chiropractic, doctors of veterinary medicine, attorneys at law, real estate brokers, architects, professional engineers, certified public accountants, public accountants, or registered nurses.

(D) No person who provides information to a peer review committee, professional standards review committee, or counseling and assistance committee of a state or local professional organization as described in division (B) of this section, to a nonprofit corporation as described in division (C) of this section, or to a member or employee of such a peer review committee, professional standards review committee, counseling and assistance committee, or nonprofit corporation, without malice and in the reasonable belief that the information is warranted by the facts known to him is liable in damages in a civil action as a result of providing that information.
Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 1993–2022 · leading case: Hecht v. Levin, 613 N.E.2d 585 (Ohio 1993).
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Hecht v. Levin, 613 N.E.2d 585 (Ohio 1993). · cites it 6× “Finally, we address appellee’s argument that R.C. 2305.28 creates a qualified privilege for statements made in attorney grievance proceedings.”
Hecht v. Levin, 1993 Ohio 110 (Ohio 1993). · cites it 8× “] Torts—Defamation—Attorneys at law—Complaint filed with grievance committee of local bar association is part of a judicial proceeding—Statement made in course of attorney disciplinary proceeding enjoys an absolute privilege against a civil action based thereon, when—R.C.…”
State ex rel. Mahajan v. State Med. Bd. of Ohio, 2010 Ohio 5995 (Ohio 2010). · cites it 2× “The board asserts that this redaction is justified by R.C. 2305.28 as referenced in R.C. 149.43, as well as Section 12112(d)(3)(B), Title 42, U.”
Ward v. Summa Health Sys., 920 N.E.2d 421 (Ohio Ct. App. 2009). “{¶ 16} Initially we note that R.C. 2305.28 and 2305.251 grant immunity from liability and are not statutes conferring a privilege, and so we cannot see how such a statute would apply to these documents.”
Cleveland Metro. Bar Assn. v. Whipple (Slip Opinion), 2022 Ohio 510 (Ohio 2022). · cites it 2× “14(A) (requiring a judge who has a reasonable belief that the performance of a lawyer is impaired by drugs or alcohol or by a mental, emotional, or physical condition, to take appropriate action, which may include a confidential referral to a lawyer-assistance program) and R.C.…”
— Ohio Rev. Code § 2305.28(D) — 1 case
Cleveland Metro. Bar Assn. v. Whipple (Slip Opinion), 2022 Ohio 510 (Ohio 2022). “14(A) (requiring a judge who has a reasonable belief that the performance of a lawyer is impaired by drugs or alcohol or by a mental, emotional, or physical condition, to take appropriate action, which may include a confidential referral to a lawyer-assistance program) and R.C.…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.