Register, December, 1999, No. 528
Chapter Med 18
ALTERNATE MODES OF TREATMENT
Med 18.01   Authority, purpose and scope.
Med 18.02   Definitions.
Med 18.03   Communication of alternate modes of treatment.
Med 18.04   Exceptions to communication of alternate modes of treatment.
Med 18.05   Recordkeeping.
Med 18.01 Med 18.01 Authority, purpose and scope.
Med 18.01(1)(1) Authority. The rules in this chapter are adopted pursuant to authority in ss. 15.08 (5) (b), 227.11, and 448.40, Stats.
Med 18.01(2) (2)Purpose. The purpose of the rules is to define the obligation of a physician to communicate alternate modes of treatment to a patient.
Med 18.01(3) (3)Scope. The scope of the rules pertain to medical and surgical procedures which may be prescribed and performed only by a physician, as defined in s. 448.01 (5), Stats.
Med 18.01 History History: Cr. Register, September, 1983, No. 333, eff. 10-1-83; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, May, 1989, No. 401.
Med 18.02 Med 18.02 Definitions.
Med 18.02(1)(1) "Emergency" means a circumstance in which there is an immediate risk to a patient's life, body part or function which demands prompt action by a physician.
Med 18.02(2) (2) "Experimental treatment" means a mode of treatment which has not been generally adopted by the medical profession.
Med 18.02(3) (3) "Viable" as used in s. 448.30, Stats., to modify the term,"medical modes of treatment" means modes of treatment generally considered by the medical profession to be within the scope of current, acceptable standards of care.
Med 18.02 History History: Cr. Register, September, 1983, No. 333, eff. 10-1-83.
Med 18.03 Med 18.03 Communication of alternate modes of treatment.
Med 18.03(1)(1) It is the obligation of a physician to communicate alternate viable modes of treatment to a patient. The communication shall include the nature of the recommended treatment, alternate viable treatments, and risks or complications of the proposed treatment, sufficient to allow the patient to make a prudent decision. In the communication with a patient, a physician shall take into consideration:
Med 18.03(1)(a) (a) A patient's ability to understand the information;
Med 18.03(1)(b) (b) The emotional state of a patient; and,
Med 18.03(1)(c) (c) The physical state of a patient.
Med 18.03(2) (2) Nothing in sub. (1) shall be construed as preventing or limiting a physician in recommending a mode of treatment which is in his or her judgment the best treatment for a patient.
Med 18.03 History History: Cr. Register, September, 1983, No. 333, eff. 10-1-83.
Med 18.04 Med 18.04 Exceptions to communication of alternate modes of treatment.
Med 18.04(1) (1) A physician is not required to explain each procedural or prescriptive alternative inherent to a particular mode of treatment.
Med 18.04(2) (2) In an emergency, a physician is not required to communicate alternate modes of treatment to a patient if failure to provide immediate treatment would be more harmful to a patient than immediate treatment.
Med 18.04(3) (3) A physician is not required to communicate any mode of treatment which is not viable or which is experimental.
Med 18.04(4) (4) A physician may not be held responsible for failure to inform a patient of a possible complication or benefit not generally known to reasonably well-qualified physicians in a similar medical classification.
Med 18.04(5) (5) A physician may simplify or omit communication of viable modes of treatment if the communication would unduly confuse or frighten a patient or if a patient refuses to receive the communication.
Med 18.04 History History: Cr. Register, September, 1983, No. 333, eff. 10-1-83.
Med 18.05 Med 18.05 Recordkeeping. A physician shall indicate on a patient's medical record he or she has communicated to the patient alternate viable modes of treatment.
Med 18.05 History History: Cr. Register, September, 1983, No. 333, eff. 10-1-83.
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Published under authority of s. 35.93, Stats. Updated on the first day of each month. Entire code is alwaycurrent. The date shown on each chapter is the date the chapter was last published.