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Unprofessional conduct rule
finalized by MEB

The Medical Examining Board on Wednesday put the final touches on changes to MED 10 – the state’s administrative code defining physician unprofessional conduct. The final approval comes more than 15 months after the code chapter’s revision was initiated and includes new language related to patient abandonment and inadequate supervision. Both will be specific situations where the MEB could find unprofessional conduct. The following language in these two areas (which was provided to the Society by MEB staff), as well as the other proposed revisions to MED 10 will be submitted to the Legislature for approval:

“Inadequate supervision. For the purposes of this section, to adequately supervise, a physician should be competent to perform the act in question, and must have reasonable evidence that the supervised individual is minimally competent to perform the act under the circumstances.”

“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:

  1. The physician fails to give the patient at least thirty (30) days’ notice in advance of the date on which the physician’s withdrawal becomes effective.
  2. The physician fails to allow for patient access to or transfer of the patient’s health care record as required by law.
  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.
  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.”

 
The MEB approved this language following significant input from the Society, which had valuable collaboration with the Wisconsin Hospital Association in making suggested language changes to the original language. To view that language, see this month’s MEB agenda here.

For more information, e-mail Mark Grapentine, JD, in the Society’s Government Relations Department.

Back to April 25, 2013 Medigram