Análisis comparativo entre la normativa de Argentina, Ecuador y Estados Unidos en relación al ejercicio ilegal e intrusismo en la especialidad de cirugía plástica, estética y reconstructiva.

Abstract

This research arises from the problem identified in Ecuador: the practice of a doctor without a professional degree is of general knowledge and has proliferated in the country, although official statistics are not available. The objective of the research is to comparatively analyze the legislation of intrusion in the Plastic Surgery specialty in Argentina, Ecuador and the USA. The type of research is normative, legal and qualitative. The methodology uses documentary analysis with a descriptive analytical method. National standards were taken into consideration, in each country, as of July 2024, including National Constitutions, framework legislation and regulations regarding intrusion into the specialty. The findings for the three countries determine that: (i) the Constitutions protect health as a right; (ii) jurisprudence is more developed in the US and Argentina than in Ecuador; (iii) the penalties for intrusion vary between 1 and 3 years in prison; and (iv) medical specialties are regulated and so is the specialty of plastic and aesthetic surgery. It is concluded that Ecuadorian legislation on the issue of intrusion is adequate, although its application is not. It is recommended to intervene in the change and improvement of legal practice in Ecuador: (i) formulate a public policy to monitor and penalize illegal and intrusive practices; (ii) highlight these practices through the creation of a Malpractice and Intrusion Database at the national level. This research, through the application of the tools learned at the ULEAM University of Manabí, contributes to combating intrusion in the medical profession in Ecuador.