CR 15-076 Rule Text

INFORMED CONSENT

  Pod 8.01 Authority and purpose. (1) Authority. The rules in this chapter adopted pursuant to the authority delegated in ss. 15.085 (5) (b), 227.11 (2) (a), and 448.695 (1) (b), Stats.

  (2) Purpose. The purpose of the rules is to set forth the obligation of a podiatrist to communicate alternate modes of treatment to a patient.

  Pod 8.02 Informed consent. Any podiatrist who treats a patient shall inform the patient about the availability of reasonable alternate modes of treatment and about the benefits and risks of these treatments. The reasonable podiatrist standard is the standard for informing a patient under this section. The reasonable podiatrist standard requires disclosure only of information that a reasonable podiatrist would know and disclose under the circumstances.

  Pod 8.03 Exceptions to communication of alternate modes of treatment. The podiatrist's duty to inform the patient under this section does not require disclosure of any of the following:

 

  (1) Detailed technical information that in all probability a patient would not understand.

  (2) Risks apparent or known to the patient.

 

  (3) Extremely remote possibilities that might falsely or detrimentally alarm the patient.

  (4) Information in emergencies where failure to provide treatment would be more harmful to the patient than treatment.

  (5) Information in cases where the patient is incapable of consenting.

  (6) Information about alternate modes of treatment for any condition the podiatrist has not included in his or her diagnosis at the time the podiatrist informs the patient.

  Pod 8.04 Recordkeeping. A podiatrist’s patient record shall include documentation that alternate modes of treatment have been communicated to the patient and informed consent has been obtained from the patient as required under s. Pod 6.01.

Section 4. EFFECTIVE DATE. The rules adopted in this order shall take effect on the first day of the month following publication in the Wisconsin administrative register, pursuant to s. 227.22 (2) (intro.), Stats.

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