Wisconsin’s Chaperone Rule: Minimal Impact Predicted for Hospitals and Employed Physicians

As Wisconsin Medical Examining Board (MEB) gears up to put its new ‘chaperone rule’ into motion by October 1, 2023, professionals in the healthcare and legal sector may be evaluating the probable impact this rule would have on hospital operations. As per the rule, chaperones are now mandated to accompany physicians in private practice during their interaction with patients. However, those fearing a drastic transformation in hospital operations can breathe easy, as it seems that these changes will have minimal, if any, impact on hospitals and hospital-employed physicians.

What does the rule entail? The MEB’s jurisdiction lies purely over physicians and not over hospitals. The chaperones are not required to be present for physicians employed by the hospitals. However, the establishment could come under MEB’s lenses if any doctor is accused of inappropriate behavior with a patient. While the MEB does not hold the power to influence hospital policies, they may utilise the hospital’s chaperone policies as part of the evaluation procedure for the accused.

The new regulation is a significant development, yet its practical implications for hospitals seem limited. Hence, there doesn’t appear to be a compulsion for hospitals to change their current guidelines in the wake of the upcoming rule changes. Nevertheless, understanding this rule and its scope can be beneficial to both legal teams and healthcare professionals in their strategic decision-making.

For more detailed insight into the new rules and its implications, one can refer to the excellent coverage by Quarles & Brady LLP here.