Wisconsin Medical Examining Board Newsletter

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April 2022

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Chair's Corner

Wasserman

By Sheldon Wasserman, M.D., Chairperson

   As a physician and Chair of the Medical Examining Board (MEB), I am often asked questions about the Board, such as who serves on the Board, what it is, and what it does. I have found that knowledge of the MEB among physicians and the public is very limited. As part of an ongoing effort to increase awareness of the Board’s presence, its mission and its function, I will focus on providing more educational information in this and future issues of the MEB Newsletters to help you understand what the Board is about and how it works.

   In this issue, I would like to introduce myself and my fellow Board members and provide a brief overview of the Board’s mission and authority.

   I am a practicing OB/GYN, and I was appointed to the Board by Governor Evers in 2019 and confirmed by the State Senate. I previously served on the Board from 2009-2013, after my appointment by Governor Doyle. Through the end of my term in 2013, I served with many of Governor Walker’s appointees, two of whom became Chairs, Dr. Ken Simons and Dr. Tim Westlake. I am very happy to report that, even during some of the most partisan political disagreements between Legislators and Governors, our Board has maintained civility and professional, collegial relationships. We may be Democrats, Republicans, or Independents but we are physicians and stewards of the public trust first. We prioritize comprehensive discussion of all viewpoints, and we believe that our differences make us stronger. I believe that public members play a unique role on the Board. They bring a non-physician presence designed to ensure that the patient perspective is amplified, and they provide an opportunity for public interests to be voiced.

   The MEB is governed and operates under authority outlined in Chapters 15, 440, and 448 of the Wisconsin Statutes. In the United States, its territories, and the District of Columbia, there are over 70 different Medical Boards. Medical Boards have a mandate to protect public safety, health and welfare through the proper licensing, disciplining, and regulation of physicians. Many jurisdictions have separate Osteopathic and Allopathic Boards. Wisconsin has a composite board consisting of both DOs and MDs.

[To learn more about medical regulation in the United States generally, the Federation of State Medical Boards (FSMB) provides an educational program to aid in understanding medical regulation: FSMB Resource: Understanding Medical Regulation in the United States; and an informational guide to medical regulation: FSMB Resource: Guide to Medical Regulation in the United States]

   The Wisconsin Board consists of 14 members, 13 appointed by the Governor and confirmed by the Senate to serve staggered, four-year terms, and includes a nonvoting member position for the Chair of the Injured Patients and Families Compensation Fund Peer Review Council. State law specifies that the Board include ten physicians in its membership, one of whom must be an osteopathic physician member, and three public members. Board Officers consist of the Chair, Vice Chair, and Secretary. All Officers are elected for one-year terms by members of the Board.

   Governor Evers has appointed the most diverse Medical Examining Board in our state’s history, ensuring a broad representation by specialty, geography, race, ethnicity and gender. In doing so, he has brought together the wide array of perspectives and competencies necessary to address the critical issues facing medical regulation today. 

These are my fellow Board members, starting with our public members:

  • Milton Bond, Jr. is a math/computer science educator who brings years of experience with Milwaukee Public Schools (MPS), the University of Wisconsin – Milwaukee (UWM) and Milwaukee Area Technical College (MATC).
  • Carmen Lerma is the Director of Corporate and Community Events of United Migrant Opportunity Services (UMOS), a nonprofit advocacy organization which provides programs and resources that improve employment, educational, health, and housing opportunities to underserved populations. She is a double lung transplant survivor of Covid 19 before vaccines were available.
  • Rachel Sattler is the Senior Managing Attorney with LOTUS Legal Clinic, which provides free legal representation to survivors of sexual violence and human trafficking. She is the founder of Dane County Multi-Agency Center, which makes it easier for survivors of sexual violence to connect with the resources they need. She has also worked as an Assistant District Attorney for the Dane and Milwaukee County Sensitive Crimes Units specializing in sexual assault, aggravated child abuse, domestic violence and stalking cases.

   Regarding the Board’s physician members, the Governor has prioritized representation to reflect the areas of specialty expertise that are most commonly needed in the conduct of Board business. The current list of physician Board members fits the bill. A diversified specialty mix is critical, because with a well thought out balance of specialties represented on the Board, we have significantly expanded upon the consultation and clinical expertise available from in-house resources. This substantially increases operational efficiency, improves responsiveness, and facilitates swift resolution of matters pending before the Board. Thank you, Governor Evers!!!!

The following are our physician members:

  • Clarence Chou from Milwaukee, MEB Vice Chair, a child psychiatrist.
  • Sumeet Goel from Stevens Point, MEB Secretary, a DO and a family physician.
  • Kris Ferguson from Wausau, an anesthesiologist and a pain specialist.
  • Diane Gerlach from Kenosha, a pediatrician and a DO.
  • Michael Parish from Milwaukee, a cardiothoracic surgeon.
  • Greg Schmeling from Milwaukee, an orthopedic surgeon.
  • Derrick Siebert from Wausau, a radiologist.
  • Lemuel Yerby from Rice Lake, a general surgeon and a former Physician Assistant.
  • Emily Yu from Milwaukee, an emergency physician.

   I am grateful for the contributions of all Board members. They are motivated by a willingness to protect public health and safety in Wisconsin and to ensure that the medical profession maintains high standards. Remuneration is limited to a $25 dollar per diem for each day spent in service, plus reimbursement of actual and necessary expenses. All of us in the State of Wisconsin are fortunate to have the time and talents of Board members, who generously make space in their professional and personal lives to perform this vital service as members of the MEB.


Pain Management

By Kris Ferguson, M.D.

   Pain can be described as an uncomfortable sensation in the body. Treating pain is complex as pain is the coalescence of the physical state of the body, one’s emotional state as well as past experiences. When managing acute pain, non-opioid therapy, physical therapy, interventional and behavioral health strategies should be used, if possible, prior to prescribing opioid medications. Chronic pain management is more complex. Non-opioid therapy, physical therapy and behavioral health strategies should be used prior to considering opioid therapy. There are a host of pain management strategies that do not involve opioid therapy. A physician is not obligated to prescribe opioids as evidence for chronic opioid prescribing is poor. However, if alternative measures have failed, it would be reasonable to start and continue opioid prescriptions if there is functional benefit and the patient is compliant with the opioid compliance protocol. If a patient is on chronic opioid therapy, the goal is to keep the morphine milligram equivalence (MME) under 50 and there should be a compelling reason to go over 90 MME. It is recognized that there is individual variance in drug metabolism and these numbers are guides rather than hard rules. If a patient has pain beyond the normal healing process, or persistent pain that is not treatable with conservative measures, it is suggested that a referral be made to an Accreditation Council for Graduate Medical Education (ACGME) board certified pain physician for an early and accurate diagnosis and timely multidisciplinary treatment. If there is suspicion of addiction, consider medication assisted treatment and referral to an addiction specialist.


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

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

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

November 2021 - March 2022

Order Number

 Order Date 

Respondent

Profession

ORDER0007858

3/22/2022

Muehlenbein, Stephen J

 Medicine and Surgery, MD 

ORDER0007894

3/16/2022

Janiga, Mark

Medicine and Surgery, MD

ORDER0006777

3/16/2022

Puerner, James A

Medicine and Surgery, MD

ORDER0007896

3/15/2022

Fatehchand, Raju

Medicine and Surgery, MD

ORDER0007895

3/15/2022

Calhoun, Shannon Patrick

Medicine and Surgery, DO

ORDER0007860

3/9/2022

Maldonado, Dennys E

Medicine and Surgery, MD

ORDER0007856

2/16/2022

Eberts, Eric G

Medicine and Surgery, MD

ORDER0007859

2/16/2022

Hayward, Jonathan R

Physician Assistant

ORDER0007860

2/16/2022

Maldonado, Dennys E

Medicine and Surgery, MD

ORDER0007855

2/16/2022

Said, Sameh M

Medicine and Surgery, MD

ORDER0007854

2/16/2022

Dor, Isaac

Medicine and Surgery, MD

ORDER0007858

2/16/2022

Muehlenbein, Stephen J

Medicine and Surgery, MD

ORDER0007853

2/16/2022

Wu, Shawn Xuan

Medicine and Surgery, MD

ORDER0003818

1/28/2022

Archinihu, Johnspencer C

Medicine and Surgery, MD

ORDER0002196

1/28/2022

Meyer, Heath J

Medicine and Surgery, DO

ORDER0007775

1/19/2022

Knitter, Michael J

Medicine and Surgery, MD

ORDER0007776

1/19/2022

Butler, Karen L

Medicine and Surgery, MD

ORDER0007554

1/12/2022

Spennetta, Joseph D

Medicine and Surgery, MD

ORDER0007759

12/20/2021

Jochims, Sean A

Medicine and Surgery, MD

ORDER0007753

12/15/2021

Miller, Tyler D

Medicine and Surgery, MD

ORDER0007752

12/15/2021

Budde, Morgan

Medicine and Surgery, MD

ORDER0007754

12/15/2021

Sperduto, Paul W

Medicine and Surgery, MD

ORDER0007755

12/15/2021

Rosich, Aleksandar V

Medicine and Surgery, MD

ORDER0007750

12/15/2021

Locke, Joseph A

Medicine and Surgery, DO

ORDER0007751

12/15/2021

Font, Javier E

Physician Assistant

ORDER0007695

12/10/2021

Sherrill, Matthew A

Medicine and Surgery, MD

ORDER0006500

12/3/2021

Murray, Sara T

Medicine and Surgery, MD

ORDER0007387

12/3/2021

Malcolm, Harry D

Medicine and Surgery, MD

ORDER0007447

11/29/2021

Meade, James E

Medicine and Surgery, MD

ORDER0007698

11/23/2021

Poterucha, Joseph Thomas

Medicine and Surgery, DO