Chapter Chir 13

Register November 2006 No. 611

Chapter Chir 13

INFORMED CONSENT

Chir 13.01   Authority and purpose.

Chir 13.02   Informed consent.

Chir 13.03   Exceptions to communication of alternate modes of treatment.

Chir 13.04   Recordkeeping.

Chir 13.01 Chir 13.01 Authority and purpose.

Chir 13.01(1) (1) Authority. The rules in this chapter are adopted pursuant to the authority delegated by ss. 15.08 (5) (b), 227.11 (2) (a), and 446.08, Stats.

Chir 13.01(2) (2) Purpose. The purpose of the rules is to define the obligation of a chiropractor to communicate alternate modes of treatment to a patient.

Chir 13.01 History History: CR 14-069: cr. Register July 2015 No. 715, eff. 8-1-15.

Chir 13.02 Chir 13.02 Informed consent. Any chiropractor 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 chiropractor standard is the standard for informing a patient. The reasonable chiropractor standard requires disclosure only of information that a reasonable chiropractor would know and disclose under the circumstances.

Chir 13.02 History History: CR 14-069: cr. Register July 2015 No. 715, eff. 8-1-15.

Chir 13.03 Chir 13.03 Exceptions to communication of alternate modes of treatment. The chiropractor’s duty to inform patients of alternate modes of treatment does not require disclosure of any of the following:

Chir 13.03(1) (1) Detailed technical information that in all probability a patient would not understand.

Chir 13.03(2) (2) Risks apparent or known to the patient.

Chir 13.03(3) (3) Extremely remote possibilities that might falsely or detrimentally alarm the patient.

Chir 13.03(4) (4) Information in emergencies where failure to provide treatment would be more harmful to the patient than treatment.

Chir 13.03(5) (5) Information in cases where the patient is incapable of consenting.

Chir 13.03(6) (6) Information about alternate modes of treatment for any condition the chiropractor has not included in their diagnosis at the time the chiropractor informs the patient.

Chir 13.03 History History: CR 14-069: cr. Register July 2015 No. 715, eff. 8-1-15.

Chir 13.04 Chir 13.04 Recordkeeping. A chiropractor’s patient record shall include documentation that he or she has communicated alternate modes of treatment to their patient and has obtained informed consent from their patient in keeping with s. Chir 11.02 (5).

Chir 13.04 History History: CR 14-069: cr. Register July 2015 No. 715, eff. 8-1-15.