Ohio Rev. Code » Chapter 2317
Ohio Revised Code

Ohio Rev. Code § 2317.022 (2026)

Written statement requesting release of drug or alcohol test records

✓ current as of May 2026
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Effective:
April 9, 2025
Latest Legislation:
Senate Bill 100, House Bill 37 - 135th General Assembly
PDF:
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(A) As used in this section:

(1) "Health care provider" has the same meaning as in section 2317.02 of the Revised Code.

(2) "Drug of abuse" has the same meaning as in section 4506.01 of the Revised Code.

(B) If an official criminal investigation has begun regarding a person or if a criminal action or proceeding is commenced against a person, any law enforcement officer who wishes to obtain from any health care provider a copy of any records the provider possesses that pertain to any test or the result of any test administered to the person to determine the presence or concentration of alcohol, a drug of abuse, or alcohol and a drug of abuse in the person's blood, breath, oral fluid, or urine at any time relevant to the criminal offense in question shall submit to the health care facility a written statement in the following form:

"WRITTEN STATEMENT REQUESTING THE RELEASE OF RECORDS

To: ____________________ (insert name of the health care provider in question).

I hereby state that an official criminal investigation has begun regarding, or a criminal action or proceeding has been commenced against, ____________________ (insert the name of the person in question), and that I believe that one or more tests has been administered to that person by this health care provider to determine the presence or concentration of alcohol, a drug of abuse, a combination of them, a controlled substance, or a metabolite of a controlled substance in that person's whole blood, blood serum or plasma, breath, oral fluid, or urine at a time relevant to the criminal offense in question. Therefore, I hereby request that, pursuant to division (B)(2) of section 2317.02 of the Revised Code, this health care provider supply me with copies of any records the provider possesses that pertain to any test or the results of any test administered to the person specified above to determine the presence or concentration of alcohol, a drug of abuse, a combination of them, a controlled substance, or a metabolite of a controlled substance in that person's whole blood, blood serum or plasma, breath, oral fluid, or urine at any time relevant to the criminal offense in question.

_____________________________________

(Name of officer)

_____________________________________

(Officer's title)

_____________________________________

(Officer's employing agency)

_____________________________________

(Officer's telephone number)

_____________________________________

_____________________________________

_____________________________________

(Agency's address)

_____________________________________

(Date written statement submitted)"

(C) A health care provider that receives a written statement of the type described in division (B) of this section shall comply with division (B)(2) of section 2317.02 of the Revised Code relative to the written statement.

Last updated January 16, 2025 at 3:20 PM

Notes of Decisions
Cited in 15 cases (4 in the last 5 years), 2003–2025 · leading case: State v. Clark, 2014 Ohio 4873 (Ohio Ct. App. 2014).
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State v. Clark, 2014 Ohio 4873 (Ohio Ct. App. 2014). · cites it 16× “Although the form utilized by Deputy Miller was not identical to that contained in R.C. 2317.022, it was substantially similar.”
State v. Little, 2014 Ohio 4871 (Ohio Ct. App. 2014). · cites it 13× “02(B)(2)(a) and R.C. 2317.022 are not included in Chapter 4511—“Traffic laws,” in contrast to the implied consent statute, R.”
Ward v. Summa Health Sys., 2010 Ohio 6275 (Ohio 2010). · cites it 4× “y test or the results of any test administered to the specified person to determine the presence or concentration of alcohol, a drug of abuse, a combination of them, a controlled substance, or a metabolite of a controlled substance in the person's whole blood, blood serum or…”
State v. Mayl, 833 N.E.2d 1216 (Ohio 2005). · cites it 3× “{¶ 5} Later that day, during its investigation of the traffic fatality, the Dayton Police Department requested and received Mayl’s blood-alcohol test results under the provisions of R.C. 2317.022. Consequently, Mayl was arrested and indicted for aggravated vehicular homicide, a…”
State v. Smith, 2019 Ohio 4706 (Ohio Ct. App. 2019). · cites it 9× “) The trooper obtained this information from the hospital via R.C. 2317.022, which authorizes a law-enforcement officer conducting a criminal investigation to obtain a copy of test results showing the level of alcohol in a suspect’s blood, breath, or urine.”
State v. Saunders, 2017 Ohio 7348 (Ohio Ct. App. 2017). · cites it 7× “02 and R.C. 2317.022. {¶11} R.C. 2317.02 provides, in pertinent part, (2)(a) If any law enforcement officer submits a written statement to a health care provider that states that an official criminal investigation has begun regarding a specified person or that a criminal action…”
State v. Perry, 2017 Ohio 7214 (Ohio Ct. App. 2017). · cites it 4× “There is no dispute that Deputy Plaugher's request complied with the requirements of R.C. 2317.022. {¶ 5} The hospital received Deputy Plaugher's request for Perry's medical records on December 17, 2015.”
State v. Marion, 2022 Ohio 2480 (Ohio Ct. App. 2022). · cites it 4× “02(B)(2)(a) and R.C. §2317.022. Specifically, he requested test results that would show the presence of prohibited substances or alcohol in Appellant's blood or urine.”
State v. Eads, 2020 Ohio 2805 (Ohio Ct. App. 2020). “R.C. 2317.022. {¶5} These statues further direct that the health care provider “shall” provide the alcohol- and drug-test results, “except to the extent specifically 3 OHIO FIRST DISTRICT COURT OF APPEALS prohibited” by any state or federal law.”
State v. Pulaski, 797 N.E.2d 116 (Ohio Ct. App. 2003). · cites it 2× “ecified person, that requests the provider to supply to the officer copies of any records the provider possesses that pertain to any test or the results of any test administered to the specified person to determine the presence or concentration of alcohol * * * in the persons…”
State v. Gubanich, 2022 Ohio 2815 (Ohio Ct. App. 2022). “requests the provider to supply to the officer copies of any records the provider possesses that pertain to any test or the results of any test administered to the specified person to determine the presence or concentration of alcohol * * * in the person’s whole blood, blood…”
State v. Hepler, 2016 Ohio 2662 (Ohio Ct. App. 2016). · cites it 9× “{¶ 19} In turn, R.C. 2317.022 entitled “Written requests from law enforcement officers to obtain test results of alcohol, drug, controlled substances, or metabolites of controlled substances from health care providers” provides, in relevant part, as follows: If an official…”
Show all 15 citing cases →
— Ohio Rev. Code § 2317.022(B) — 4 cases
State v. Mayl, 833 N.E.2d 1216 (Ohio 2005). “{¶ 5} Later that day, during its investigation of the traffic fatality, the Dayton Police Department requested and received Mayl’s blood-alcohol test results under the provisions of R.C. 2317.022. Consequently, Mayl was arrested and indicted for aggravated vehicular homicide, a…”
State v. Little, 2014 Ohio 4871 (Ohio Ct. App. 2014). “02(B)(2)(a) and R.C. 2317.022 are not included in Chapter 4511—“Traffic laws,” in contrast to the implied consent statute, R.”
State v. Clark, 2014 Ohio 4873 (Ohio Ct. App. 2014). “Although the form utilized by Deputy Miller was not identical to that contained in R.C. 2317.022, it was substantially similar.”
State v. Russell, 2025 Ohio 5306 (Ohio Ct. App. 2025).
— Ohio Rev. Code § 2317.022(C) — 1 case
State v. Mayl, 833 N.E.2d 1216 (Ohio 2005). “{¶ 5} Later that day, during its investigation of the traffic fatality, the Dayton Police Department requested and received Mayl’s blood-alcohol test results under the provisions of R.C. 2317.022. Consequently, Mayl was arrested and indicted for aggravated vehicular homicide, a…”
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