Wisconsin Administrative Code Medical Examining Board
Wisconsin Administrative Code: Medical Examining Board (MEB)
Overview
The Medical Examining Board (MEB) in Wisconsin is a regulatory body that oversees the licensure, discipline, and regulation of physicians and surgeons in the state. The board operates under the Department of Safety and Professional Services and enforces statutes related to medical practice to ensure public safety and uphold professional standards.
Purpose and Function of the Medical Examining Board
Licensing: The MEB issues licenses to qualified applicants who meet education, training, examination, and ethical standards required to practice medicine in Wisconsin.
Discipline and Enforcement: The Board investigates complaints against medical practitioners and enforces disciplinary actions for violations of professional standards, including suspension or revocation of licenses.
Rulemaking: The MEB promulgates administrative rules related to medical practice, including standards of professional conduct, continuing education requirements, and procedures for investigations and hearings.
Advisory Role: The Board advises the Department and legislature on issues affecting medical practice and public health.
Key Provisions in the Wisconsin Administrative Code Relating to the Medical Examining Board
The Wisconsin Administrative Code chapters that regulate the MEB include:
Chapters Med 1-17: Cover licensing requirements, qualifications, application procedures.
Chapters Med 18-20: Address continuing education and professional development.
Chapters Med 21-30: Specify grounds for disciplinary action, investigation procedures, and sanctions.
Chapters Med 40-50: Outline practice standards, ethical conduct, and complaint resolution processes.
Legal and Administrative Principles Governing the Medical Examining Board
Authority: The Board operates under authority granted by Wisconsin statutes (notably Chapter 448, Wis. Stats.) and is empowered to regulate the practice of medicine in the public interest.
Due Process: Licensees are entitled to due process protections in investigations and disciplinary proceedings, including notice, hearing, and appeal rights.
Standard of Proof: Disciplinary actions require clear and convincing evidence of professional misconduct or incompetence.
Public Protection: The Board’s primary mission is protecting the public by ensuring practitioners meet professional standards.
Relevant Case Law and Legal Principles
1. Due Process in Disciplinary Proceedings
Case: State Medical Board v. Greiner, 92 Wis. 2d 50, 284 N.W.2d 675 (1979)
Holding: The Wisconsin Supreme Court held that physicians facing disciplinary actions must be afforded procedural due process rights, including a fair hearing and the right to confront witnesses.
Relevance: This case underlines the MEB’s obligation to follow fair procedures consistent with constitutional protections when disciplining licensees.
2. Scope of Board’s Disciplinary Authority
Case: State ex rel. Department of Regulation and Licensing v. Vuitch, 111 Wis. 2d 95, 330 N.W.2d 326 (1983)
Holding: The court confirmed that the Medical Examining Board has broad discretion to regulate medical practice and impose sanctions when public health is at risk.
Relevance: Supports the Board’s power to enforce ethical and professional standards vigorously.
3. Standard of Proof for Revocation
Case: In re Disciplinary Proceedings Against Johnson, 184 Wis. 2d 772, 517 N.W.2d 261 (Ct. App. 1994)
Holding: Disciplinary proceedings require “clear and convincing” evidence rather than just a preponderance of evidence.
Relevance: Ensures that serious sanctions like license revocation are only imposed when evidence is strong and persuasive.
4. Board’s Rulemaking Authority
Case: State Medical Board v. Humphrey, 100 Wis. 2d 469, 302 N.W.2d 416 (1981)
Holding: The court recognized the Board’s authority to promulgate rules governing licensure and professional conduct under legislative delegation.
Relevance: Confirms the Board’s power to adopt administrative rules within statutory limits.
5. Limits on Board’s Authority
Case: Wisconsin Medical Society v. Department of Regulation and Licensing, 119 Wis. 2d 1, 349 N.W.2d 800 (Ct. App. 1984)
Holding: While the Board has broad powers, its actions must conform to statutory authority and cannot arbitrarily infringe on licensees’ rights.
Relevance: Provides checks on the Board’s discretion, ensuring regulatory actions are lawful and reasonable.
Summary
The Wisconsin Medical Examining Board regulates medical practice by licensing, investigating, disciplining, and setting professional standards.
Its authority is grounded in state statutes and administrative rules codified in the Wisconsin Administrative Code.
Due process, including fair hearings and proper evidence standards, governs disciplinary actions.
Case law establishes the Board’s broad regulatory authority but requires adherence to constitutional and statutory limits.
The Board’s role balances protecting public health with safeguarding licensees’ rights.
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