A rulemaking from the Wisconsin Medical Examining Board (MEB) on the use of “medical chaperones” has been completed. Originally, MEB proposed requiring providers to have a trained medical chaperone present during any sensitive physical examination, unless the patient refused the chaperone and agreed to waive certain claims.  WISCA provided written testimony to the MEB detailing how the proposed rule placed an undue burden on ASC’s. 

In addition to WISCA other provider groups voiced their opposition to the proposed rule prompting the MEB to significantly pare back its proposal. The final language essentially requires physicians and their employers to have a policy regarding medical chaperones and to make the policy readily available to affected patients. DSPS staff have stated that the policy could be as simple as stating that the facility does not offer chaperones. The final rule was adopted by the MEB during its August meeting after clearing gubernatorial and legislative review with no objections. It took effect on October 1.

The rule defines a “chaperone” as “an individual whom a physician requests to be present during a clinical examination that exposes the breasts, genitals, or rectal area, and who can serve as a witness to the examination taking place should there be any misunderstanding or concern for sexual misconduct.” The rule distinguishes chaperones from an “observer,” “an individual chosen by the patient to be present during an examination or inspection that exposes the breasts, genitals, or rectal area. A patient’s adult family member, legal guardian, or legal custodian is presumed to be able to act as an observer if the patient is twelve years of age or under.”

If you have questions about the rule please contact Andy Engel:  engel@hamilton-consulting.com