Section 2.20. Extension of time limits in disciplinary actions against physicians.

 

(1)   Authority and purpose. The rules in this section are adopted under the authority of ss. 15.08 (5) (b) , 227.11 (2) and 448.02 (3) (cm) , Stats., to govern the extension of time limits in disciplinary actions against physicians.

(2)   Computing time limits. In computing time limits under s. 448.02 (3) (cm) , Stats., the date of initiating an investigation shall be the date of the decision to commence an investigation of an informal complaint following the screening of the informal complaint under s. SPS 2.035 , except that if the decision to commence an investigation of an informal complaint is made more than 45 days after the date of receipt of the informal complaint in the division, or if no screening of the informal complaint is conducted, the time for initiating an investigation shall commence 45 days after the date of receipt of the informal complaint in the division. The date that the medical examining board initiates a disciplinary action shall be the date that a disciplinary proceeding is commenced under s. SPS 2.04 .

(3)   Procedure for requesting an extension of time. The medical examining board or the division on behalf of the medical examining board shall make a written request for an extension of time under s. 448.02 (3) (cm) , Stats., to the secretary of the department of safety and professional services and shall state all of the following:

(a) The nature of the investigation and the date of initiating the investigation.

(b) The number of days the medical examining board requires as an extension in order to determine whether a physician is guilty of unprofessional conduct or negligence in treatment and to initiate disciplinary action.

(c) The reasons why the medical examining board has not made a decision within the time specified under s. 448.02 (3) (cm) , Stats.

(4)   Factors to be considered. In deciding whether to grant or deny a specified extension of time for the medical examining board to determine whether a physician is guilty of unprofessional conduct or negligence in treatment, the secretary of the department of safety and professional services shall consider the information set forth in the request and at least the following factors:

(a) The nature and complexity of the investigation including the cause of any delays encountered during the investigation.

(b) Whether delays encountered during the screening of the complaint or the complaint handling process were caused in whole or part by the fact that record custodians, witnesses, or persons investigated did not make a timely response to requests for records or other evidence.

(c) Whether civil or criminal litigation relating to the matter investigated caused any delay in the investigation.

(d) The quality and complexity of evidence available to the medical examining board.

(e) The extent to which the physician will be prejudiced by an extension of time.

(f) The potential harm to the public if the investigation is terminated without a determination of whether the physician complained about is guilty of unprofessional conduct or negligence in treatment.

(5)   Approve or deny an extension. The secretary of the department of safety and professional services shall approve or deny a request for an extension within 20 days of receipt. A request not approved within 20 days shall be deemed denied.

CR 02-103 : cr. Register March 2004 No. 579 , eff. 4-1-04; correction in (2), (3) (intro.), (4) (intro.), (5) made under s. 13.92 (4) (b) 6. , 7. , Stats., Register November 2011 No. 671 .