Wisconsin Medical Examining Board Newsletter

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November 2021

You are receiving this update as a licensee of the Wisconsin Medical Examining Board or as a subscriber to this communication.

Quick Links

• Board Landing Page
  • Meetings and Agendas
  • Statutes and Rules
  • Pending Rules
• ePDMP Quarterly Reports

Chair's Corner

By Sheldon Wasserman, M.D., Chairperson    The Medical Examining Board (MEB) has already made very clear and direct statements concerning the COVID-19 pandemic and the role of physicians in not just providing care for the people of Wisconsin, but also in helping to inform their patients and the general public regarding what every citizen can do to protect themselves and their communities.     In these challenging times, as the average citizen looks to their trusted physician for guidance, the medical community looks to the Board for direction regarding what may be considered honest debate and disagreement, and what falls outside the realm of acceptable conduct for a licensed professional.  The Board strongly maintains that the guidelines promoted by the CDC should serve as the primary direction for health care providers and the information they provide to their patients.  The Board acknowledges that the science of health care is ever-changing and our understanding evolves on almost a daily basis, but the Board also reminds licensees that knowingly, negligently, or recklessly making any false statement that creates an unacceptable risk of harm to a patient or the public is and always has been professional misconduct which may subject a physician to disciplinary action.    The Board is aware of concerns raised by the Federation of State Medical Boards (FSMB) and the American Board of Medical Specialties (ABMS) regarding the harmful effects of misinformation regarding COVID-19.  While the Board will not substitute the judgment of any organization for its own, the Board shares these concerns and is prepared to use its authority to act in instances of deliberate, negligent, or reckless misinformation that rise to the level of professional misconduct.  In no way does the Board intend to interfere with the ability of individual physicians to treat their patients according to their own sound judgment, nor does the Board intend to stifle legitimate scientific discussion.  As always, the Board’s sole agenda remains the protection of the health and safety of the citizens of Wisconsin.    Allegations of physicians engaging in misrepresentation or related conduct regarding COVID-19 or any other subjects related to the practice of medicine and surgery will be taken seriously, investigated as appropriate, and above all judged fairly by the Board.  Should the Board determine that unprofessional conduct occurred, these allegations will be handled with the purposes of discipline in mind.

Medical Directors & Delegated Medical Acts - Key Considerations

By Sumeet Goel, D.O., Secretary

   Please be aware that the Medical Examining Board expects medical directors to have sufficient training for the care delivered under their directorship. The MEB will strongly consider action on licensees who lack adequate training to support their medical director roles. For example a licensee who serves as a medical director for an aesthetic clinic, weight loss clinic, or other unique setting without training in the procedures, techniques, and medicine being delivered could be subject to disciplinary action. 

   Furthermore please be attentive to the authority granted to individuals working in these centers. Some licensure types will permit limited independence but some circumstances may utilize your medical license as a delegated medical act. This requires a supervising physician - often the medical director. In those instances the responsibility for the quality and competence of care falls entirely under the physician's license.

Board Membership

The Medical Examining Board consists of 8 licensed doctors of medicine, 2 licensed doctors of osteopathy, and 3 public members. The Board's membership also includes the Chairperson of the Injured Patients and Families Compensation Fund Peer Review Council who serves as a nonvoting member of the Board.

Board Members:

Sheldon A. Wasserman, M.D., Chairperson - Physician Member
(Obstetrics and Gynecology)
Clarence P. Chou, M.D., Vice Chairperson - Physician Member
(Psychiatry/Child Psychiatry)
Sumeet K. Goel, D.O., Secretary - Osteopathic Physician Member
(Family Practice)
Milton Bond, Jr., Public Member
Kris Ferguson, M.D., Physician Member
(Anesthesiology/Pain Management)
Diane M. Gerlach, D.O., Physician Member
(Pediatrics)
Carmen Lerma, Public Member
Michael A. Parish, M.D., Physician Member
(Surgery - Thoracic)
Rachel E. Sattler, Public Member
Gregory Schmeling, M.D., Physician Member
(Academic/Orthopedic)
Derrick Siebert, M.D., Physician Member
(Radiology)
Lemuel G. Yerby, III, M.D., Physician Member
(Surgery - General)
Emily S. Yu, M.D., Physician Member
(Emergency Medicine)

Information on how to apply for appointment to the Wisconsin Medical Examining Board, or other gubernatorial appointments, can be found through the Office of the Governor using this link: https://evers.wi.gov/Pages/Application_Process.aspx

Information About Administrative Rules

Pending Rule Changes

   Keep current with any pending rule changes affecting your profession by visiting the DSPS website to view the Pending Rules listing.

Administrative Rulemaking Process

   Please review the Rulemaking Process page of the DSPS website to learn more about the promulgation of Administrative Rules.

Duty to Report Convictions to the Board

   Physicians are required to provide certified copies of the criminal complaint and the judgement of conviction within 30 days of any conviction (felony or misdemeanor). Failure to report a conviction within 30 days is unprofessional conduct under Wis. Admin. Code § Med 10.03(3)(h). Board action, including discipline, may result for any conviction that is substantially related to the practice of medicine and surgery. Board action may also result from a failure to timely report any convictions as required.

Enforcement Actions of the Board

     The Medical Examining Board, in collaboration with staff at the Department of Safety and Professional Services, can take action against its licensees to help protect the profession and the citizens of Wisconsin. You may search for any of the Board Orders listed below on the Department’s website by using this link:

Board Order Search:

https://dsps.wi.gov/Pages/SelfService/OrdersDisciplinaryActions.aspx

Disciplinary options available to the Board

Disciplinary actions are reported to the National Practitioners Data Bank. Available options to the Board include:

Reprimand: A public warning of the licensee for a violation.

Limitation of License: Imposes conditions and requirements upon the licensee, imposes restrictions on the scope of practice, or both.

Suspension: Completely and absolutely withdraws and withholds for a period of time all rights, privileges and authority previously conferred by the credential.

Revocation: To completely and absolutely terminate the credential and all rights, privileges and authority previously conferred by the credential.

Non-disciplinary options available to the Board

Non-disciplinary actions are not reported to the National Practitioners Data Bank. Available options to the Board include:

Administrative Warning: Issued if violation is of a minor nature, a first occurrence and the warning will adequately protect the public. The issuance of an Administrative Warning is public information, however the reason for issuance is not.

Remedial Education Order: Issued when there is reason to believe that the deficiency can be corrected with remedial education, while sufficiently protecting the public.

Board Orders

July 2021 - November 2021

CONTACT US

Email: dsps@wisconsin.gov  |  Phone: (608) 266-2112  |  Office Hours: 7:45 a.m.- 4:30 p.m.

The mission of the Department of Safety and Professional Services is to promote economic growth and stability while protecting the citizens of Wisconsin as designated by statute.