The practice of human medicine is as old as the existence of human beings. Which have evolved from ancestral animals, in the classic law of modification of the species. Since the first doctor appeared, his vocation has been to serve the well-being of his fellow men. The communities feel the need to have a nearby doctor in the sense of having a person who can attend to their physical and mental suffering and even spiritual support. Millions of doctors have been living examples of this.
For centuries medical practice has been protected as a way to safeguard its work and that of patients. In Colombia, Law 1438, 2011 was issued. In article 104 of the aforementioned norm that modifies Law 1164 of 2007, article 26, it reads: OWN ACT OF HEALTH PROFESSIONALS. It is the set of actions aimed at comprehensive health care, applied by the professional legally authorized to exercise them. The professional act is characterized by professional autonomy and the relationship between the health professional and the user. This health care relationship generates an obligation of means, based on professional competence.
The doctor-patient relationship has always been unique, sacred and irreplaceable, regardless of the strategies imposed by technology that should never supplant the doctor as a person.
The current health reform bill in Colombia has many edges and will only be fully known when it becomes law. In the transit until the final approval, several modifications between additions or deletions will take place.
The controversial article 123 should not have been included in the original text of the project, due to ignorance, it indicated that medicine would be a profession of results. With this connotation, centuries and centuries of the practice of medicine as a media profession were denied, except for some specialties such as aesthetic plastic surgery, pathological anatomy and diagnostic images.
A fragment of the new version approved in the first debate of the House of Representatives has been as follows: The medical act is the process resulting from the relationship between the doctor, the work team and their patient. The doctor acts with ethics, freedom, autonomy, responsibility, self-regulation and professionalism in order to treat and resolve aspects related to the patient’s health. He carries out his activity under these principles and is based on scientific evidence and knowledge.
We must begin with the need to modify the wording of the article. It must conform to the grammar that includes handling of verbs.
The Medical Act is the essence of the article. In a broad aspect, it is an action that he performs based on his practice as a doctor.
In a strict and adequate sense, it is the doctor’s activity in compliance with his work with the patient, today there are many strategies to achieve it. Locating the medical act as a result of a multiple relationship is at least inadequate. Expanding the range of the medical act in order to determine by law a team relationship is to ignore the true mission of the doctor as such. He will be able to enrich a team for the good of a patient with his science, art and experience.
The word professionalism is inadequate, it says a lot and says nothing. The word is repetitive with the text of the article. Ethical elements contemplated in Law 23 of 1981 are included where they are best located.
In conclusion, accuracy should be sought in the definition of a medical act. The rest deserves a reflection from everyone starting with the academy and the guilds