The National Court has provisionally suspended the order with which the Ministry of Health wanted to avoid intrusion in aesthetic surgery, by demanding that only doctors with the specialty of Plastic, Aesthetic and Reconstructive Surgery or others with surgical skills in their training can perform these interventions, according to the EFE Agency.
The Spanish Association of Aesthetic Surgery and an individual had brought to justice the ministerial order with which Mónica García’s department intended to put a stop to the lack of control behind the cosmetic surgery business. The order was approved by the Ministry last September and is now suspended by the National Court.
Justice does not go into the substance of the measure, but opts for suspension due to what it considers a formal defect, according to EFE. With this order, Health intended to change the Royal Decree of 2003 in which the regulation of these aesthetic surgery centers is established due to the “continuous increase” that has been experienced in recent years in these interventions. Thus, it was noted that the “care unit in which a doctor with a specialty in plastic, aesthetic and reconstructive surgery or another surgical or medical-surgical specialty in the scope and competencies indicated in the official program of his specialty, is responsible for carrying out “surgical treatments, with the purpose of improving body, facial or hair aesthetics.”
However, the magistrates allude, without going into the substance, to a conflict of form since the order seeks to “prevent or hinder the professional practice” of graduates in medicine and surgery who “are not specialists”, something that was not assessed in the Royal Decree that is intended to be modified.
The Ministry of Health has shown its surprise at the ruling of the National Court, because it ensures that the definition of cosmetic surgery in its order responds to different social and health demands that have been demanding regulatory modifications to achieve greater control in this care activity so that it is carried out by professionals with the appropriate skills and qualifications.
Thus, as sources from this department highlight to EFE, this activity is reserved for those surgical or medical-surgical specialties that have the competence to practice aesthetic surgery in accordance with the content of their respective training programs, therefore giving the necessary guarantees to the citizens who go to these centers.
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