MARYSVILLE — A previously credentialed healthcare professional has surrendered his license after pleading guilty to unlawful conduct with his male patients.
Brian Frey, a 54-year-old former licensed practical nurse, pleaded guilty Tuesday, June 20, to a 17-count bill of information in the Union County Court of Common Pleas. The charges stem from allegations of unwanted sexual contact with male patients, involving inappropriate testicular examinations.
Frey worked as an employee of Premise Healthcare at the Scotts Miracle Gro Corporation’s Wellness Center, where he was a contracted provider for the employee health center.
The case came to light when compliance agents from the Ohio Board of Nursing (OBN) alerted the Marysville Division of Police in 2022 about allegations of inappropriate behavior reported by a patient treated by Frey. Subsequently, OBN’s investigative agents discovered additional potential victims who had also experienced inappropriate conduct at the hands of Frey.
The allegations against Frey detailed instances of performing testicular examinations on male patients, including juveniles, despite lacking the necessary qualifications and training to conduct such procedures as an LPN.
The Ohio Nursing Board presented their findings during a meeting at the Union County Prosecutor’s Office in July 2022, where Prosecutor David Phillips, Assistant Prosecutor Andrew Bigler, Marysville Division of Police Chief Tony Brooks, Captain Nate Sachs, and Detective Dennis Flanagan were in attendance.
Based on the evidence presented, it was concluded that a criminal investigation into Frey’s actions was warranted. Premise Healthcare terminated Frey’s employment shortly after learning about the investigation.
Scotts Miracle Gro and Premise Healthcare fully cooperated with the investigation, assisting detectives in identifying additional victims. To support the investigation, Scotts released a video to its employees outlining the nature of the inquiry and encouraging anyone with concerns about Frey’s treatment to contact the Marysville Police.
Upon the commencement of the criminal investigation, Frey voluntarily surrendered his nursing license to the Board. It was revealed that Frey had used his position as an LPN to sexually assault 17 victims under the guise of performing required medical examinations for employment or sports participation. It was established that Frey was not qualified to conduct the testicular examinations in question. While additional victims were identified, some were unable to pursue charges due to the passage of time or evidentiary issues.
According to the victims’ reports, Frey made inappropriate comments regarding their sex lives and engaged in texting patients after accessing their medical records for cell phone information.
Investigators discovered that Frey had been disciplined by his former employer, Take Care Health Systems, in 2011 for examining a patient with a wrist injury. Frey claimed the examination was for “patient education.”
Following the incident, he was placed on paid administrative leave and explicitly instructed not to perform testicular exams, which were beyond the scope of his nursing license.
“Despite the discipline he faced in 2011, Frey continued his reprehensible behavior, deceiving patients into believing that these exams were required of him,” said David Phillips, Union County Prosecuting Attorney. “In reality, Frey exploited his position as a nursing professional to sexually gratify himself by groping his patients’ genitals. His actions were abhorrent, as he sexually assaulted numerous victims under the false pretense of necessary employment or sports physicals. The victims felt compelled to submit to these exams due to fears of losing their jobs or being unable to participate in sports.”
Following the conclusion of the criminal investigation, prosecutors staged a meeting with Frey’s attorney. Eventually, Frey agreed to plead guilty to 16 gross sexual imposition felonies and one misdemeanor charge of sexual imposition. Sentencing is set for 10 a.m., Aug. 10.
