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The Supreme Court ratifies its decision and establishes that Aesthetic Medicine is exclusive to the doctor

MADRID, 5 Jul. (EUROPA PRESS) –

The Spanish Society of Aesthetic Medicine (SEME) has once again received the support of the Supreme Court, which does not admit the appeal filed by the General Council of Official Nursing Associations (CGE) against SEME.

In this way, it corroborates once again that the CGE “cannot issue resolutions such as the one contested so that nursing personnel occupy the space that the Law reserves, in general, for the health function performed by medical professionals.”

The High Court considers that there is no place for the appeal for cassation because the sentence it issued in the appeal to the General Council of Official Associations of Physicians of Spain is “clear” and it was duly resolved that the field of aesthetic medicine only corresponds to the medical profession.

This is what the Supreme Court indicates in its ruling: “The functions performed by medical and nursing personnel are, therefore, not the same, they are not even comparable.” According to the judges, the regulations on Professional Associations do not empower the General Council of nurses to regulate “the functions of nursing professionals, detached from the medical care activity, and from medical coordination when necessary.”

“This is a new achievement for aesthetic medicine and a very important step for the protection of patients”, has valued the president of SEME, Petra Vega.

From the Board of Directors of the company, the rights of the medical profession have been unanimously vindicated throughout this process, involving for the first time the Collegiate Medical Organization (OMC) and the Spanish Society of Reconstructive and Aesthetic Plastic Surgery (SECPRE) .

FIGHT AGAINST “INTRUSISM”

In December 2017, Resolution No. 19/2017 of the General Council of the College of Nursing Organization of December 14, 2017 published in the BOE on January 20, 2018, section of Private Announcements, “By which certain aspects of the nursing professional practice are ordered in the field of the corporal cares and of the prevention of the aging for the health “.

In said Resolution, the Nursing Council endorsed the powers of regulating the profession, a faculty that belongs to the Ministry, and did so, in addition, assuming purely medical treatments and actions for the nursing profession.

Concerned about this resolution, the SEME held meetings with the General Directorate of Health Professions of the Ministry of Health, with the Collegiate Medical Organization and with colleagues from different specialties. Finally, both the Spanish Society of Aesthetic Medicine and the General Council of Official Medical Associations and the Spanish Society of Plastic, Reconstructive and Aesthetic Surgery (SECPRE) filed a lawsuit against the Nursing Resolution.

The Superior Court of Justice of Madrid annulled the Resolution of the Nursing Council indicating, in up to three sentences, that “on the specific relationship of treatments [laserterapia, micropigmentación, eliminación de tatuajes, toxina botulínica, ácido hialurónico, plasma rico en plaquetas, mesoterapia, cirugía menor, y un largo etc.], We understand that in application of the regulations that have been exposed, it is up to a physician to carry out non-surgical and surgical treatments with the aim of improving body, facial or capillary aesthetics in aesthetic medicine care units “.

The Fourth Section of the Contentious Chamber of the Supreme Court rejected the appeal filed by the General Council of Official Nursing Associations against the judgment of the Madrid Supreme Court that annulled Resolution 19/2017 of the General Council of Official Nursing Associations, ordering aspects of the professional practice of these professionals in the field of body care and the prevention of aging for health.

“The General Council of Nursing Colleges cannot issue resolutions such as the one challenged so that nursing personnel occupy the space that the Law reserves, in general, to the health function performed by medical professionals”, concludes the Court.

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