The Supreme Court of Spain confirmed the ruling that overturned a decision of the General Council of the Collegiate Nursing Organization according to which certain aspects of the professional practice of nurses are regulated in relation to “aesthetic medicine”.
This regulation states that it is the nurses’ responsibility to perform non-surgical and surgical treatments in order to improve the aesthetics of the body, face and capillaries in plastic surgery and aesthetic medicine care units, in addition to providing consultations and laser therapy. ; Microscopic pigmentation. Easy and physical penetrations, minor surgeries, etc.
The contested ruling considers that these matters cannot be regulated by a decision of the Nursing Council because it regulates matters outside its jurisdiction. In this regard, he points out that the regulation of a matter of a public nature can only be exercised within the limits established by law. In this sense, it states that “regulations that limit the freedom of those who engage in professional and commercial activities do not depend on the discretion of the authorities or administrative bodies”
The Supreme Court accepts the reasoning in the appealed judgment and delves into its motives. The ruling notes that the legal question is to determine which health profession is compatible with the planning and application of treatments and interventions, whether for medical professionals or nurses, to determine whether a nursing school can “order certain aspects of the practice of professional nurses in the field of beauty and body care and the prevention of aging from for health.”
In this regard, she notes that the regulation of health professions is subject to legal reserves. On this point, he recently refers to the regulation regulating both professions, later concluding that the jobs performed by medical and nursing personnel are not the same, rather they are not comparable. However, the above highlights that both are complementary and necessary to protect the health of patients.
Subsequently, it states that the conditions under which the regulation contained in the decision of the General Council is to be implemented ignore the determination of the functions contained in the law. In this regard, it states that the law allows professional unions to “order, within their competence, the professional activity of colleges, while ensuring professional morals and dignity,” which, in the opinion of the Supreme Court, does not empower the General Council to regulate the functions of nursing professionals, who are separated from the activity of Medical care, and for medical coordination when necessary.
It concludes that the law preserves and entrusts, in general, the health function of medical professionals, so that functions which are independently assigned to nursing professionals are not compatible with the law.
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