Wisconsin Medical Examining Board Newsletter

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Wisconsin Department of Safety and Professional Services

Wisconsin Medical Examining Board Newsletter                                   September 2023

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


Medical Examining Board Quick Links


Chair's Corner

Sheldon Wasserman

I want to inform you of two major actions that were adopted by the MEB on August 16, 2023. Both rules will be effective on October 1, 2023.

Rule No. 1: Continuing Medical Education and Controlled Substances Prescribing

The MEB has created additional options and flexibility for obtaining CME with this new rule, which was completed in time for the current 2021-2023 CME reporting period.

First, the rule provision requiring that two required CME hours relate to responsible opioid prescribing has been expanded to include courses or programs concerning controlled substances in general, and not just opioid controlled substances. This rule also aligns with the standards adopted for program approval by the Drug Enforcement Administration (DEA) to fulfill their 8-hour requirement.

Second, the Board removed the requirement that CME related to opioid prescribing or controlled substances be preapproved by the MEB. The preapproval requirement had become outdated and limited options for physicians. It also created an increased administrative burden surrounding approval and allowed certain programs a functional monopoly on the renewal requirement. By eliminating it, the Board is reducing red tape and increasing options for physicians to take CME that is appropriate and useful to their practice while still aligning with the Board’s values and standards.

Third, the rule removes a sunset provision in the former rule, so the new two-hour requirement is permanent going forward. 

Note: The 30 CME hours total, required over the two-year license period, remains at 30 hours. 

Rule No. 2: Performance of Physical Examinations and the Use of Chaperones and Observers

Another rule change effective October 1 involves the use of chaperones and other observers during non-emergency clinical examinations that expose the breasts, genitals, or rectal area. Chaperones and observers serve as witnesses to the examination taking place, should there be any misunderstanding or concern for sexual misconduct. 

This rule change expands the use of the Board’s unprofessional conduct rule (Wis. Admin. Code Chapter Med 10) so that, if a physician who practices in a hospital or works for any other employer fails to comply with the rules established by their hospital or employer regarding chaperones or other observers in patient examinations, then the failure to follow such rules during an exam may be considered by the board in determining whether the alleged misconduct occurred.

If a physician is self-employed or in another practice setting that does not involve hospitals or employers, they must establish written procedures for the use of chaperones or other observers in patient examinations, and they must comply with those procedures.

A copy of any rules and procedures, or a summary, regarding the physician’s use of chaperones or other observers must be made available and accessible to all patients who are likely to receive a non-emergency examination of the breasts, genitals, or rectal area.

This new rule protects patients and physicians. It is a common-sense improvement that enforces greater respect for physician-patient boundaries.

I hope your summer is going well.

Thank you for your service and dedication to the citizens of Wisconsin.

Chair Wasserman Signature

 

Sheldon Wasserman, MD
Chair, Wisconsin Medical Examining Board


Medical Examining Board

Board Members:

Sheldon A. Wasserman, Chair - Physician Member (Milwaukee, WI)
Clarence P. Chou, Vice Chair - Physician Member (Milwaukee, WI)
Sumeet K. Goel, Secretary - Physician Member (Plover, WI)
Milton Bond, Jr. - Public Member (Milwaukee, WI)
Callisia Clarke, Physician Member (Milwaukee, WI)
Kris Ferguson, Physician Member (Wausau, WI)
Diane M. Gerlach, Physician Member (Kenosha, WI)
Stephanie R. Hilton, Public Member (Madison, WI) 
Carmen Lerma, Public Member (Milwaukee, WI)
Lubna Majeed-Haqqi, Physician Member ( Brookfield, WI)
Gregory Schmeling, Physician Member (Hartland, WI)
Derrick R. Siebert, Physician Member (Wausau, WI)
Emily S. Yu, Physician Member (Milwaukee, WI)

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.


Administrative Rules Information

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.


Prescription Drug Monitoring Program (PDMP) 

Statistics Dashboard


Professional Assistance Procedure (PAP) Information

The Professional Assistance Procedure (PAP) is a non-disciplinary program for credentialed professionals with substance abuse issues who are committed to their own recovery.  The procedure is designed to protect the public by promoting early identification of chemically dependent professionals and encouraging rehabilitation. It is also designed to provide an opportunity for qualified participants to continue practicing, without public discipline, while complying with the terms of a contract that is closely monitored by the Department of Safety and Professional Services (DSPS). 

If you are a credentialed professional struggling with substance abuse issues, we encourage you to review the PAP Instructions and submit an application:

PAP Instructions

Application

Contact Information

Professional Assistance Procedure
Department of Safety and Professional Services
PO Box 7190 Madison, WI 53707-7190

Email: DSPSImpairedProfessionalProcedure@wi.gov
Phone: (608) 267-3817 (Press 6 for PAP/Monitoring)
Fax: (608) 266-2264

Please note that participation in PAP will not exempt a credential holder from discipline.  It may be used in conjunction with the formal disciplinary process in situations where allegations of misconduct, negligence or violations of law exist, other than practicing while impaired by alcohol or other drugs.


Duty to Report Convictions

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



Board Orders

April 28, 2023 - August 25, 2023

Order Number Order Date Respondent Profession
ORDER0008019 8/25/2023 Nelson, Todd A Medicine and Surgery, MD
ORDER0006350 8/25/2023 Mason, Stephen B Medicine and Surgery, MD
ORDER0008509 8/23/2023 Zembles, Joel A Anesthesiologist Assistant
ORDER0008435 8/21/2023 Taylor, Steven D Medicine and Surgery, MD
ORDER0008692 8/16/2023 Kidess, Anton Issa Medicine and Surgery, MD
ORDER0008700 8/16/2023 Luchetta, Donna M Medicine and Surgery, MD
ORDER0008699 8/16/2023 Nwabueze, Chinedu Nicholas Medicine and Surgery, MD Compact
ORDER0008698 8/16/2023 Lawal, Adegboyega H Medicine and Surgery, MD
ORDER0008693 8/16/2023 Gearhart, David L Medicine and Surgery, MD
ORDER0008695 8/16/2023 Nienhuis, David M Medicine and Surgery, MD
ORDER0008696 8/16/2023 Smith, Scott William Medicine and Surgery, MD Compact
ORDER0008694 8/16/2023 Martin, David M Anesthesiologist Assistant
ORDER0008697 8/16/2023 Hoffnung, Aaron B Medicine and Surgery, MD
ORDER0008701 8/16/2023 Mark, Ron Y Medicine and Surgery, MD
ORDER0008507 8/9/2023 Ditter, Ronda Medicine and Surgery, MD
ORDER0008671 8/8/2023 Stein, David Irving Medicine and Surgery, MD
ORDER0008660 7/27/2023 Polanski, Stephen Paul Medicine and Surgery, MD
ORDER0007173 7/21/2023 Perez Rodriguez, Michael Medicine and Surgery, MD
ORDER0008407 7/19/2023 Arassi, Siamak B Medicine and Surgery, MD
ORDER0008654 7/19/2023 Tamlyn, Thomas M Medicine and Surgery, MD
ORDER0008653 7/19/2023 Ryan, Keith A Medicine and Surgery, MD
ORDER0008656 7/19/2023 Khan, Farouk Y Medicine and Surgery, MD
ORDER0008655 7/19/2023 Kreuser, Stephen Robert Medicine and Surgery, MD
ORDER0008587 6/21/2023 Mcgarvey, Kevin William Medicine and Surgery, MD Compact
ORDER0008585 6/21/2023 Muchow, Amy J Medicine and Surgery, MD
ORDER0008584 6/21/2023 Ali, Malik S Medicine and Surgery, MD
ORDER0008582 6/21/2023 Shovers, Jeffrey B Medicine and Surgery, MD
ORDER0008511 6/21/2023 Hall, Gregory J Medicine and Surgery, MD
ORDER0008586 6/21/2023 Dieterle, Brian D Medicine and Surgery, MD
ORDER0008550 6/21/2023 Mondloch, Victoria J Medicine and Surgery, MD
ORDER0008583 6/21/2023 Gabert, Thomas C Medicine and Surgery, MD
ORDER0008581 6/21/2023 Powell, Eddie N Medicine and Surgery, MD
ORDER0008508 6/20/2023 Kotinsley, Benjamin M Medicine and Surgery, MD
ORDER0008551 6/14/2023 Bauwens, Dale Edward Medicine and Surgery, MD
ORDER0008408 6/1/2023 Hagen, Edward P Medicine and Surgery, DO
ORDER0008308 5/31/2023 Grant-acquah, Kwesi K Medicine and Surgery, MD
ORDER0008018 5/19/2023 Ahmad, Farid A Medicine and Surgery, MD
ORDER0008550 5/17/2023 Mondloch, Victoria J Medicine and Surgery, MD
ORDER0008550 5/17/2023 Mondloch, Victoria J Medicine and Surgery, MD
ORDER0008551 5/17/2023 Bauwens, Dale Edward Medicine and Surgery, MD

The Department of Safety and Professional Services

A wealth of useful information is available on the Department of Safety and Professional Services (DSPS) website at: https://dsps.wi.gov

Do you have a change of name or address?

Licensees can update name or address information on the DSPS Self-Service Page 

Please note that confirmation of changes is not automatically provided. Legal notices will be sent to a licensee’s address of record with the Department.

Telephone Directory

Call DSPS toll-free (877) 617-1565, or (608) 266-2112 in the Madison area to connect to the service you need.