PHYSICIANS AND SURGEONS
See also MEDICAL TREATMENT; PUBLIC HEALTH
Chiropractic practice
The Medical Practices Act, ch. 448, Stats., permits a physician, subject to certain limitations, to advise a patient whether or not continued chiropractic care is necessary, and the giving of such advice while it may technically fall within the definition of chiropractic practice, does not constitute the unauthorized practice of chiropractic. 68-316
Confidential communications
A medical or mental health professional may report suspected child abuse under the permissive provisions of section 48.981(3), Stats., when the abuser, rather than the victim, is seen in the course of professional duties. Section 51.30 does not act as a bar to such reports made in good faith. 76-39
Physician-patient privileges expressed in sec. 905.04, Stats., is a testimonial privilege only, and has no existence outside of judicial proceedings. Under sec. 448.18(1)(d), Stats., a physician is ethically precluded from disclosing confidential communications unless otherwise provided in law or disclosure is required to prevent danger to the patient or the community. 64-82
Corporations
Restrictions on business corporations providing medical, legal and dental services discussed. 75-200
Crime victim compensation
Under ch. 949, Stats., DILHR is not authorized to direct payment of expenses incurred by victims of crime for dental, chiropractic, podiatric, or optometric services. (Unpub.). 84-1977
Dismissal stipulation
If a submission of controversy under ch. 655, Stats., is dismissed on the merits by voluntary agreement, the claimant is barred from commencing a second action on the same claim, but claimant may be relieved from the dismissal stipulation and the matter may be effectively "reopened" if there is a basis for according relief and the Patients Compensation Panel exercises its discretion to grant such relief. 71-1
Dispensing drugs, medicines
The practice of dispensing drugs, medicines, or other articles by physicians' office personnel permitted by 41 OAG 23 (1952) within the purview of sec. 450.04(3), Stats., is not in violation of sec. 450.04(2), Stats., prohibiting dispensing of such items by persons other than registered pharmacists or registered assistant pharmacists under pharmacist supervision, or in violation of sec. 450.07, Stats., prohibiting the delivering of a prescription drug without a prescription of a practitioner. Long-standing 41 OAG 23 is not modified. Violations of sec. 450.04(2) or sec. 450.07(2), Stats., should be reported to appropriate law enforcement authorities. 63-335
Emergency medical services
The coordinating physician, as defined in Wis. Admin. Code ch. H 21, is the person authorized to establish policies and procedures in providing emergency medical services under the Emergency Medical Services Act. 76-159
Eye enucleation
Special training is required of medical personnel as well as morticians before they perform eye enucleation. 77-207
Fee-splitting"
There is no violation of the "fee-splitting" statute, sec. 448.08(1), Stats., where a physician, through a service corporation owned by the physician, bills the patient for his own services, and that of physical therapist employed by the corporation, provided the billing states an accurate dollar figure for the respective services. A medical professional service corporation is not in violation of sec. 180.99(2), Stats., when physical therapists are on the staff of the corporation. 71-108
An organization qualifies as a medical education and research organization under section 448.08(5), Stats., if its dominant purpose and primary function is to provide medical education and conduct medical research and if it is otherwise a nonprofit organization. A parent and wholly-owned subsidiary corporation, together, may qualify as an organization. (Unpub.). 31-1986
Liability
Volunteer physicians who give immunizations for local public agencies under rules of the Department of Health and Social Services are not state agents for purposes of liability indemnification. 80-1
Loans
If sec. 39.377, Stats., is repealed or amended to change the eligibility guidelines, the State would not be liable under the former guidelines to students who have not yet effectively acted in reliance on the statute in setting up their qualifying health care practice in a particular area. 71-203
Negligence finding
A finding of negligence by a patients compensation panel against a physician who is not a named party in the proceedings should be reported to the Medical Examining Board for investigation. 75-71
Open meetings
The Clinical Practice Plan Committee, Departmental Practice Plan Committees and University of Wisconsin Clinical Practice Association, which are components of the University of Wisconsin School of Medicine Clinical Practice Plan, are "governmental bodies" as defined in sec. 19.82(1), Stats., and subject to the Open Meetings Law. 70-140
Patient immunization records
Substantive principles of professional medical conduct are not breached by a doctor's disclosing to public health authorities information about the immunization status of his patients, as reflected in his records, without specific permission of the patients. 65-4
Powers
The attending physician to a nursing home does not have absolute control over all other health care providers to a resident. 65-178
Privileged communications
See Confidential communications
Public records
The final decision of a quasi-judicial body regarding disciplinary action against a physician in the unclassified service is properly deemed available under the Public Records Law. 74-156
Service corporation directors
A service corporation incorporated under section 180.99, Stats., by persons all licensed in the same profession may not have persons on the board of directors who do not have the same license as the original incorporators. (Unpub.). 45-1985
Submission of controversy
If a submission of controversy under ch. 655, Stats., is dismissed on the merits by voluntary agreement, the claimant is barred from commencing a second action on the same claim, but claimant may be relieved from the dismissal stipulation and the matter may be effectively "reopened" if there is a basis for according relief and the Patients Compensation Panel exercises its discretion to grant such relief. 71-1
Training
Racine County has authority to establish a hospital outpatient health facility to train general practitioners. 65-172
Volunteers
Volunteer physicians who give immunizations for local public agencies under rules of the Department of Health and Social Services are not state agents for purposes of liability indemnification. 80-1
PLATS AND PLATTING
Certified survey map
There is no requirement that each sheet of a certified survey map be consecutively numbered in the manner required for plats. (Unpub.). 38-1979
Condominium
Unless a condominium under ch. 703, Stats., actually involves a division of land, or successive divisions of land, it is not subject to the land platting and subdivision approval requirements of ch. 236, Stats. The extent to which local governments may vary the terms of secs. 236.16(1) and (2) and 236.20(4)(d), Stats., by ordinance, discussed. 64-175
The legal description of condominium units must conform to the requirements of chapter 703, Stats., the Condominium Law. The requirements of chapter 236, dealing with platting and subdividing, may not be used to legally describe condominium units. 75-94
Elections
Where town sanitary district consists of territory wholly within one town and town board has not designated its members as commissioners but has appointed commissioners, town board is not required to call special election to elect commissioners if petition signed by at least twenty percent of the qualified electors of the district is filed. 69-245
Ink-drawn plat
1. Section 236.20(1)(a), Stats., requires that plats be submitted on the paper described therein. Plats submitted on other paper are objectionable. 2. Only the original ink-drawn plat on the required paper can be recorded with the Register of Deeds. 67-8
Island subdivision
Discussion of the circumstances under which the statutory platting standards set forth in secs. 236.16(1), (2) and (3) and 236.20(4)(d), Stats., may be waived or varied with specific reference to the approval of island subdivision plats. 62-315
