WHAT IS THE SARA LAW?
What is the Sara Law?
Last Saturday, September 18, the so-called “Sara Law” was published in the Official State Gazette. Sara Law a relevant modification in the field of cosmetic surgery.
This law arose as a consequence of the tragic death of Sara, a patient who died after undergoing liposuction performed by a cardiovascular surgeon, which prompted her family to promote this legislative initiative.
Law Sara amends Annex II of Royal Decree 1277/2003, establishing the general bases for authorizing healthcare centers, services, and establishments.
This decree regulates, among other aspects, the classification and definition of care units.
“…the specialty of Plastic, Reconstructive and Aesthetic Surgery becomes a guarantee of safety for the patient…”
medical procedures, including cosmetic surgery.
The reform responds to the growing demand for cosmetic surgery interventions and the proliferation of new centers offering these services, which has generated the need to establish greater regulatory control and ensure that only qualified professionals perform these interventions.
Context and Objective of the Law
The Royal Decree 1277/2003 creates a framework to regulate the authorization and operation of healthcare centers and services in Spain.
Its annexes classify medical units, defining the specialties that must have accredited professionals.
In view of the increase in the number of aesthetic interventions, the need to update these regulations was identified in order to avoid professional intrusion and guarantee the proper qualification of physicians.
“…Clinics, hospitals, and anesthesia services have from now on legal responsibility over who performs the intervention…”
In 2022, Congress passed a bill calling for tighter controls on cosmetic surgery, requiring that procedures can only be performed by properly trained and accredited specialists.
The Sara Act updates the regulations to define more clearly who can perform these procedures.
Legislative Changes: New Definition of Cosmetic Surgery
The amendment introduced by the Sara Law in Annex II of Royal Decree 1277/2003 directly affects the definition of the cosmetic surgery unit.
The key change is that it now specifies that aesthetic surgical treatments can only be performed by physicians with a specialty in Plastic, Aesthetic and Reconstructive Surgery or other medical-surgical specialties that include in their training program the necessary competencies. Previous text:
“U.47
Aesthetic surgery: care unit in which a physician specialized in Plastic, Aesthetic and Reconstructive Surgery or another surgical specialist within the scope of his or her respective specialty is responsible for performing surgical treatments, with the purpose of aesthetic body, facial or hair improvement.”
Text amended by Law Sara:
“U.47
Aesthetic surgery: care unit in which a physician 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 performing surgical treatments, with the purpose of aesthetic body, facial or capillary improvement.”
Practical Implications
With this modification, the training program of each medical specialty defines the competencies of professionals who can perform cosmetic surgery procedures.
However, from the patient’s perspective, it is still difficult to determine whether a physician can perform cosmetic surgery procedures.
“…It is practically impossible for the patient to know the detailed content of the training programs of each specialty…”
who is attending you is qualified to perform a specific procedure, unless he/she is a specialist in Plastic, Reconstructive and Aesthetic Surgery, which guarantees this training.
It is practically impossible for the patient to know the detailed content of the training programs of each specialty, which hinders his or her ability to make informed decisions about the suitability of the physician.
In this context, the specialty of Plastic, Reconstructive and Aesthetic Surgery becomes a guarantee of safety for the patient.
“…inspections by the health services of the autonomous communities of the centers that offer cosmetic surgery should be implemented…”
Control Mechanisms
The new regulations also establish the need for additional control systems for physicians from other specialties who perform cosmetic surgery procedures.
These controls can come from two main sources:
- Clinics and hospitals: The centers where the procedures are performed now have a legal responsibility to ensure that the physicians performing the procedures are properly trained according to their training programs.
In addition, anesthesia services also acquire the obligation to verify the qualifications of the professionals.
- External entities: In cases where clinics or anesthesiologists are not required for the performance of the procedures, it is suggested that the health services of the autonomous communities carry out regular inspections of the centers offering cosmetic surgery.
These control bodies should ensure that the quality and safety standards established by the Sara Law are met.
The Sara Law represents an advance in the regulation of cosmetic surgery in Spain, increasing the guarantees for patients and demanding that only professionals with the appropriate training can carry out these procedures, strengthening supervision and control in this sector.
The collaboration of clinics, hospitals, anesthesia services, and health services of the different autonomous communities is essential for the implementation of the Sara law.