Chapter Med 10

UNPROFESSIONAL CONDUCT

Med 10.01   Authority and intent.

Med 10.02   Definitions.

Med 10.03   Unprofessional conduct.

Ch. Med 10 Note Note: Chapter Med 16 as it existed on October 31, 1976 was repealed and a new Chapter Med 10 was created effective November 1, 1976.

Med 10.01 Med 10.01 Authority and intent.

Med 10.01(1) (1) The definitions of this chapter are adopted by the medical examining board pursuant to the authority delegated by ss. 15.08 (5) 227.11, and 448.40, Stats., for the purposes of ch. 448, Stats.

Med 10.01(2) (2) Physicians act with a high level of independence and responsibility, often in emergencies. Every physician represents the medical profession in the community and must do so in a manner worthy of the trust bestowed upon the physician and the profession. The minimally competent practice of medicine and surgery require that care of the patient is paramount. Physicians must therefore act with honesty, respect for the law, reasonable judgment, competence, and respect for patient boundaries.

Med 10.01 History History: Cr. Register, October, 1976, No. 250, eff. 11-1-76; correction made under s. 13.93 (2m) (b) 7., Stats., Register, May, 1989, No. 401; CR 13-008: am. (title), renum. to (1), cr. (2) Register September 2013 No. 693 eff. 10-1-13.

Med 10.02 Med 10.02 Definitions. For the purposes of this chapter:

Med 10.02(1) (1) “Adequate supervision” means a physician should be competent to perform the delegated medical act, and must have reasonable evidence that the supervised individual is minimally competent to perform the act under the circumstances.

Med 10.02(2) (2) “Board” means the medical examining board.

Med 10.02(2m) (2m) “Chaperone” means an individual whom a physician requests to be present during a clinical examination that exposes the breasts, genitals, or rectal area, and who can serve as a witness to the examination taking place should there be any misunderstanding or concern for sexual misconduct.

Med 10.02(3) (3) “Intimate parts” has the meaning given in s. 939.22 (19), Stats.

Med 10.02(4) (4) “License” means any license, permit, certificate, or registration issued by the board or by any other credentialing jurisdiction with the authority to grant credentials to practice medicine and surgery, or any other practice authorized within ch. 448, Stats.

Med 10.02(4m) (4m) “Observer” means an individual chosen by the patient to be present during an examination or inspection that exposes the breasts, genitals, or rectal area. A patient’s adult family member, legal guardian, or legal custodian is presumed to be able to act as an observer if the patient is twelve years of age or under.

Med 10.02(5) (5) “Patient health care records” has the meaning given in s. 146.81 (4), Stats.

Med 10.02(6) (6) “Sexual contact” has the meaning given in s. 948.01 (5), Stats.

Med 10.02(7) (7) “Sexually explicit conduct” has the meaning given in s. 948.01 (7), Stats.

Med 10.02 History History: Cr. Register, October, 1976, No. 250, eff. 11-1-76; cr. (2)(s), Register, October, 1977, No. 262, eff. 11-1-77; am. (2) (m), Register, April, 1978, No. 268, eff. 5-1-78; am. (2) (s), Register, May, 1978, No. 269, eff. 6-1-78; reprinted to correct History note, Register, June, 1980, No. 294; r. and recr. (2) (o), cr. (2) (t), Register, September, 1985, No. 357, eff. 10-1-85; cr. (2) (u), Register, April, 1987, No. 376, eff. 5-1-87; cr. (2) (v), Register, January, 1988, No. 385, eff. 2-1-88; am. (2) (s), Register, March, 1990, No. 411, eff. 3-1-90; cr. (2) (x), Register, September, 1990, No. 417, eff. 10-1-90; cr. (2) (w), Register, October, 1990, No. 418, eff. 11-1-90; am. (2) (q), Register, August, 1992, No. 440, eff. 9-1-92; cr. (2) (y), Register, September, 1992, No. 441, eff. 10-1-92; cr. (2) (z), Register, May, 1995, No. 473, eff. 6-1-95; cr. (2) (za), Register, April, 1996, No. 484, eff. 5-1-96; am. (2) (q), Register, September, 1996, No. 489, eff. 10-1-96; corrections made under s. 13.93 (2m) (b) 7., Stats., Register, February, 1997, No. 494; cr. (2) (zb), Register, May, 1998, No. 509, eff. 6-1-98; r. (2) (v) and (y), am. (2) (za), Register, December, 1999, No. 528, eff. 1-1-00; CR 01-031: am. (2) (s) (intro.) and (zb) (intro.), Register October 2001 No. 550, eff. 11-1-01; CR 02-008: cr. (2) (zc), CR 02-055: cr. (2) (zd), Register November 2002 No. 563, eff. 12-1-02; CR 13-008: r. and recr. Register September 2013 No. 693, eff. 10-1-13; CR 22-063: cr. (2m), (4m) Register September 2023 No. 813, eff. 10-1-23.

Med 10.03 Med 10.03 Unprofessional conduct. “Unprofessional conduct” includes the following, or aiding or abetting the same:

Med 10.03(1) (1) Dishonesty and character.

Med 10.03(1)(a) (a) Violating or attempting to violate ch. 448, Stats., or any provision, condition, or term of a valid rule or order of the board.

Med 10.03(1)(b) (b) Knowingly engaging in fraud or misrepresentation or dishonesty in applying, for or procuring a medical license, by examination for a medical license, or in connection with applying for or procuring periodic renewal of a medical license, or in otherwise maintaining such licensure.

Med 10.03(1)(c) (c) Knowingly giving false, fraudulent, or deceptive testimony while serving as an expert witness.

Med 10.03(1)(d) (d) Employing illegal or unethical business practices.

Med 10.03(1)(e) (e) Knowingly, negligently, or recklessly making any false statement, written or oral, in the practice of medicine and surgery which creates an unacceptable risk of harm to a patient, the public, or both.