Med Board revamping chaperone rule proposal

The state of Wisconsin’s Medical Examining Board (MEB) will likely move in a new direction on a proposed administrative rule designed to promote the use of chaperones for physicians conducting sensitive physical exams. The change in direction follows more than a year’s input from physicians around the state and two separate Economic Impact Assessment (EIA) periods on two different versions of the proposal.

Results of the second EIA period showed that physician offices, clinics and hospitals would face an estimated $75 million in training and compliance costs in just the first year under that version of the rule. Under state law, any proposed administrative rule that would cost more than $10 million in additional costs over two years requires the rule’s progress to be halted and instead submitted to the state legislature as potential legislation – a path the MEB does not appear to desire.

The Wisconsin Medical Society (WisMed) has been the lead force raising concerns about another part of the proposed rule: if a physician did not use a chaperone during an exam and an inappropriate touching/conduct complaint is subsequently filed, then the physician would have been presumed guilty and forced to prove their innocence. This change in “presumption” is the opposite of the current discipline procedure, fundamentally interfering with physicians’ rights. The new proposed language removes that presumption of guilt and instead aims at ensuring patients are aware of any office/clinic/hospital policy on chaperones. The new language includes:

Med 10.03 (2)(f)(4): A physician who practices in a hospital or works for any other employer shall comply with the rules established by their hospital or employer regarding chaperones or other observers in patient examinations. Physicians who are self-employed or in other practice settings that do not involve hospitals or employers shall establish written procedures for the use of chaperones or other observers in patient examinations and shall comply with these procedures once established. A physician shall make a copy of the rules and procedures regarding the physician’s use of chaperones or other observers available to patients and shall post their procedures or policy regarding chaperones or other observers in at least one location that is visible to all patients.

The MEB’s attorney explained that this language would not require a facility to have any specific chaperone policy – or even offer chaperones at all. For example, a facility could fulfil the rule’s requirements by posting “this facility does not offer chaperones as part of a patient visit” if that is the case. The attorney termed this version of the rule: "Have a policy. Follow the policy. Make the policy available."

The MEB plans to use this language as a starting point for discussion at its next scheduled meeting on August 17, 2022. During the June 20 meeting, Board Chair Sheldon Wasserman, MD, asked WisMed for initial thoughts on the new language. WisMed Chief Policy and Advocacy Officer Mark Grapentine replied that at first glance it was positive to see the guilt presumption provision removed, and he thanked the MEB for listening to physician feedback on that issue. Grapentine also emphasized WisMed members’ agreement with the MEB that inappropriate sexual conduct complaints should be thoroughly investigated, with wrongdoers severely disciplined following a finding of guilt.

Contact WisMed Chief Policy and Advocacy Officer Mark Grapentine, JD via email or message him in WisMed Mobile for more information. 

Back to top

Provide input on what matters to improve health

The Wisconsin Medical Society (Society) Foundation depends on input from physicians throughout the state to inform our decisions on supporting local non-profits through our grant program. The Foundation also collaborates with the Society to meet our mission to improve health in Wisconsin by supporting a strong physician workforce and public health initiatives. Please tell us from your perspective what the most pressing health and workforce issues in your community are and if there are local non-profits you think we should invite to apply for Foundation grants.

Please take a moment to share your input using this online survey. You may also contact Elizabeth Ringle at [email protected] to share your thoughts and recommendations.

Your entire donation to the Around the State in 8 Districts Campaign will stay in your district to support community health programs recommended in the Physician Survey.

Back to top

Suicide and crisis lifeline now available

The 988 Suicide & Crisis Lifeline (Lifeline), a free, confidential behavioral health and support line is now available. Anyone can utilize the Lifeline at any time by calling 988 (multiple languages available), texting a message to 988 (English only), or using the chat feature at 988lifeline.org (English only). People can connect with a trained crisis counselor to get help for themselves or a loved one experiencing a crisis, such as is thoughts of suicide, a mental health concern, substance use issue or any kind of emotional distress.

Additional details about the Lifeline:

• Wisconsin Lifeline counselors are trained to reduce stress, provide emotional support and connect people with local resources.
• The 988 Suicide & Crisis Lifeline is available to use at no cost to Wisconsin residents. Additional care or intervention may come with a cost.
• Wisconsin Lifeline is not able to send an in-person response directly. An in-person response requires a transfer to another service and could involve law enforcement.
• Calls, texts and chats with Wisconsin Lifeline are confidential between the person and counselor, unless there is imminent danger for the person or others.

Jerry Halverson, MD, DFAPA, WisMed Board Chair and Rogers Behavioral Health Chief Medical Officer, told Fox6, "The purpose of 988 is to help you get over that crisis point, and get you someone that can help you more definitively. This is going to open up access to a lot of people who wouldn’t have taken advantage in the past. It can be a game-changer."

The 988 Suicide & Crisis Lifeline is a network of more than 200 support centers around the country. Contacts not answered by in-state partners roll over to a national backup system. The Wisconsin Lifeline has helped ensure that as many contacts as possible are answered by Wisconsin-based counselors who have the best understanding of local communities, cultures and resources. 

Learn more about Lifeline here.

Back to top

Weigh in on proposed WisMed policies today!

Wisconsin Medical Society (WisMed) member policy proposals are now posted on PolicyLink and are open for members to register support, opposition and/or comments. The comment period for this round of policy proposals will be open through Monday, August 1, 2022.

To participate in WisMed policymaking:

1. Visit policylink.wismed.org
2. Login with your WisMed username and password*
3. Click “Comment on Proposal” from the menu at the top of the page
4. Select “Comment Period 1”
5. Click on a blue proposal title
6. When ready, click on support, oppose or suggest amendments and submit any comments in the text box below
7. Click “Submit Comment” button at the bottom of the page

After the close of this comment period, proposed policies will move to the Policy Review Committee (PRC) which will review each proposal and member comments to help inform their recommendation to the WisMed Board of Directors (BOD). The BOD will decide whether to adopt, not adopt or make changes to the proposal.

Have a policy that you want to submit for consideration?
While in PolicyLink click on “Submit Proposal” (in the menu bar at the top of the page) and enter your proposed policy. Policies submitted during this period will fall into the next submission funnel to be posted on November 18, 2022.

For questions about PolicyLink or WisMed’s policymaking process, contact Mark Grapentine.

*PolicyLink requires your WisMed username and password. Click here to retrieve your username or password, or call 866.442.3800 or email [email protected] for assistance.

Back to top

Five reasons physicians need a financial plan

A financial plan is especially important for physicians and their families. Here are five reasons every physician needs their own financial plan.

• Saving is postponed. Worth.com shares that, “Building assets is a decades-long commitment, and the medical professionals who learn how to save and protect their earnings at the beginning of their career are more likely to be prepared for unexpected circumstances.”
• Taxes are costly. In fact, it’s probably your largest lifetime expense. Knowing how to control taxes can provide huge benefits. Worth.com indicates that, “High earners pay a significant portion of their earnings in local, state and federal taxes. High-earning W-2 employees are not often afforded the many provisions that small businesses get with tax planning.”
• Preventable errors. In an AMA interview, a suggested wellness approach to finances that can help catch issues before they are problems is to "do a full review at least once a year, and it’s better to do a review of your finances in their entirety at least quarterly. …Physicians may make errors that could be prevented, such as allocating their savings without the appropriate diversity that would keep them from being exposed to too much risk.”
• You are unique. Medical Economics notes, “…what you may prescribe for one patient may be quite different for another in a similar situation but with alternative goals, concerns and resources. Similarly, authentic financial planning is not simply a financial plan by the numbers.”
• It provides solid financial footing. The White Coat Investor, James Dahle, MD, states, “No matter your specialty, every doctor will benefit from having a comprehensive financial plan, including a written investment plan that specifies short and long-term goals, savings amounts, accounts that will be utilized, asset allocation (mix of investments), and specific investments that will be used. …This will not only provide for a comfortable retirement, but it will ensure a secure financial footing throughout their careers that allows them to provide for their family, focus on their patients, and minimize their burnout.”

While it’s possible to build your own financial plan, it often takes time and experience to do so properly. Whether you do some of it on your own or outsource the work to experienced professionals, it’s essential to have a plan and follow it. Your future self and family will thank you for it. 

For personalized help eliminating debt, investing smart and securing retirement, please contact Mark Ziety, CFP®, AIF® 608.442.3750.

Mark Ziety, CFP®, AIF®
WisMed Financial, Inc. part of the Wisconsin Medical Society.

Back to top

Host a COVID-19 vaccination clinic in your community

The Wisconsin Department of Health Services (DHS) and AMI Expeditionary Healthcare (AMI), the state’s vaccination partner, can help you host a free COVID-19 vaccination clinic in your community, including at schools, faith-based organizations, nursing homes, community-based organizations and local events and festivals. 

AMI will provide all the necessary materials and services, including clinical staff (and their PPE), COVID-19 vaccine, syringes, needles, alcohol pads, tables and chairs. You just need to provide the space for an indoor or outdoor clinic.  

To request a clinic, simply complete the State COVID-19 Resource Matching Survey. At this time, DHS can accommodate requests up to four weeks in advance. Please submit requests at least ten business days before your organization’s event. Please contact [email protected] if you have any questions or would like additional information before submitting a request.

Thank you for all you do for the health of your patients and communities.

Back to top