Chapter Med 10

Med 10.03(2)(f)1. 1. Sexual motivation may be determined from the totality of the circumstances and shall be presumed when the physician has contact with a patient’s intimate parts without legitimate medical justification for doing so.

Med 10.03(2)(f)2. 2. For the purpose of this paragraph, an adult receiving treatment shall be considered a patient for 2 years after the termination of professional services.

Med 10.03(2)(f)3. 3. If the person receiving treatment is a child, the person shall be considered a patient for the purposes of this paragraph for 2 years after termination of services or for 2 years after the patient reaches the age of majority, whichever is longer.

Med 10.03(2)(fm) (fm)

Med 10.03(2)(fm)1. 1. If a physician who practices in a hospital or works for any other employer fails to comply with the rules established by their hospital or employer regarding chaperones or other observers in patient examinations, then the failure to follow such rules during an exam in which a violation of par. (f) is alleged may be considered by the board in determining whether the alleged misconduct occurred.

Med 10.03(2)(fm)2. 2. Physicians who are self-employed or in other practice settings that do not involve hospitals or employers shall establish written procedures for the use of chaperones or other observers in patient examinations and shall comply with these procedures once established.

Med 10.03(2)(fm)3. 3. A copy of any rules and procedures, or summary thereof, regarding the physician’s use of chaperones or other observers shall be made available and accessible to all patients who are likely to receive a non-emergency examination of the breasts, genitals, or rectal area.

Med 10.03(2)(fm)4. 4. A physician shall not be found in violation of this section because of the failure of a third-party to create a policy regarding chaperones, or to allow posting or notification of any policy regarding chaperones.

Med 10.03(2)(g) (g) Engaging in any sexual contact or conduct with or in the presence of a patient or a former patient who lacks the ability to consent for any reason, including medication or psychological or cognitive disability.

Med 10.03(2)(h) (h) Engaging in repeated or significant disruptive behavior or interaction with physicians, hospital personnel, patients, family members, or others that interferes with patient care or could reasonably be expected to adversely impact the quality of care rendered.

Med 10.03(2)(i) (i) Knowingly, recklessly, or negligently divulging a privileged communication or other confidential patient health care information except as required or permitted by state or federal law.

Med 10.03(2)(j) (j) Performing an act constituting the practice of medicine and surgery without required informed consent under s. 448.30, Stats.

Med 10.03(2)(k) (k) Aiding or abetting the practice of medicine by an unlicensed, incompetent, or impaired person or allowing another person or organization to use his or her license to practice medicine. This provision does not prohibit a Wisconsin physician or any other practitioner subject to this chapter from providing outpatient services ordered by a physician licensed in another state, if the physician who wrote the order saw the patient in the state in which the physician is licensed and the physician who wrote the order remains responsible for the patient.

Med 10.03(2)(L) (L) Violating the practice standards under s. Cos 2.03 to practice medicine and surgery while serving as a medical director or physician who delegates and supervises services performed by non-physicians, including aiding or abetting any person’s violation of s. Cos 2.03.

Med 10.03(2)(m) (m) Prescribing a controlled substance to oneself as described in s. 961.38 (5), Stats.

Med 10.03(2)(n) (n) Practicing medicine in another state or jurisdiction without appropriate licensure. A physician has not violated this paragraph if, after issuing an order for services that complies with the laws of Wisconsin, his or her patient requests that the services ordered be provided in another state or jurisdiction.

Med 10.03(2)(o) (o) Patient abandonment occurs when a physician without reasonable justification unilaterally withdraws from a physician-patient relationship by discontinuing a patient’s treatment regimen when further treatment is medically indicated and any of the following occur:

Med 10.03(2)(o)1. 1. The physician fails to give the patient at least 30 days notice in advance of the date on which the physician’s withdrawal becomes effective.

Med 10.03(2)(o)2. 2. The physician fails to allow for patient access to or transfer of the patient’s health record as required by law.

Med 10.03(2)(o)3. 3. The physician fails to provide for continuity of prescription medications between the notice of intent to withdraw from the physician-patient relationship and the date on which the physician-patient relationship ends, if the prescription medications are necessary to avoid unacceptable risk of harm.

Med 10.03(2)(o)4. 4. The physician fails to provide for emergency care during the period between the notice of intent to withdraw from the physician-patient relationship and the date on which the physician-patient relationship ends. Nothing in this section shall be interpreted to impose upon the physician a greater duty to provide emergency care to a patient than otherwise required by law.

Med 10.03(3) (3) Law violations, adverse action, and required reports to the board.

Med 10.03(3)(a) (a) Failing, within 30 days, to report to the board any final adverse action taken against the licensee’s authority to practice medicine and surgery by another licensing jurisdiction concerned with the practice of medicine and surgery.

Med 10.03(3)(b) (b) Failing, within 30 days, to report to the board any adverse action taken by the Drug Enforcement Administration against the licensee’s authority to prescribe controlled substances.

Med 10.03(3)(c) (c) Having any credential pertaining to the practice of medicine and surgery or any act constituting the practice of medicine and surgery become subject to adverse determination by any agency of this or another state, or by any federal agency or authority.

Med 10.03(3)(d) (d) Failing to comply with state and federal laws regarding access to patient health care records.

Med 10.03(3)(e) (e) Failing to establish and maintain timely patient health care records, including records of prescription orders, under s. Med 21.03, or as otherwise required by law.

Med 10.03(3)(f) (f) Violating the duty to report under s. 448.115, Stats.

Med 10.03(3)(g) (g) After a request by the board, failing to cooperate in a timely manner with the board’s investigation of a complaint filed against a license holder. There is a rebuttable presumption that a credential holder who takes longer that 30 days to respond to a request of the board has not acted in a timely manner.

Med 10.03(3)(h) (h) Failing, within 48 hours of the entry of judgment of conviction of any crime, to provide notice to the department of safety and professional services as required under s. SPS 4.09 (2), or failing, within 30 days of conviction of any crime, to provide the board with certified copies of the criminal complaint and judgment of conviction.

Med 10.03(3)(i) (i) Except as provided in par. (j), a violation or conviction of any laws or rules of this state, or of any other state, or any federal law or regulation that is substantially related to the practice of medicine and surgery.

Med 10.03(3)(i)1. 1. Except as otherwise provided by law, a certified copy of a relevant decision by a state or federal court or agency charged with determining whether a person has violated a law or rule relevant to this paragraph is conclusive evidence of findings of facts and conclusions of law contained therein.

Med 10.03(3)(i)2. 2. The department has the burden of proving that the circumstances of the crime are substantially related to the practice of medicine and surgery.

Med 10.03(3)(j) (j) Violating or being convicted of any of the conduct listed in Table 10.03, any successor statute criminalizing the same conduct, or if in another jurisdiction, any act which, if committed in Wisconsin would constitute a violation of any statute listed in Table 10.03:

Med 10.03 History History: CR 13-008: cr. Register September 2013 No. 693, eff. 10-1-13; CR 21-030: am. (3) (h) Register January 2022 No. 793, eff. 2-1-22; CR 22-063: cr. (2) (fm) Register September 2023 No. 813, eff. 10-1-23; correction in (2) (fm) 1. made under s. 35.17, Stats., Register September 2023 No. 813.