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Recent Developments in Health Law

Published online by Cambridge University Press:  01 January 2021

Abstract

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Copyright © American Society of Law, Medicine and Ethics 2012

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Footnotes

The American Journal of Law & Medicine has been tracking and contributing to the development of health law since its inception at Boston University School of Law in 1975. The Journal publishes articles authored by professors, attorneys, physicians, and other health care professionals on subjects ranging from health law and policy to the legal, ethical, and economic aspects of medical practice, research, and education.

The Harvard Law & Health Care Society is a student-operated health law organization at Harvard University Law School. In addition to contributing to this column, the Harvard Law & Health Care Society also hosts speakers from private practice and academia, presents career panels, and promotes interdisciplinary dialogue with other Harvard University graduate schools.

References

References

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References

There is no clear regulatory definition of cosmetic medicine. This Note considers the field to comprise “operations or other procedures that revise or change the appearance, colour [sic], texture, structure or position of bodily features to achieve what patients perceive to be more desirable.” The British Academy of Cosmetic Practice, Memorandum of Association, 2009.Google Scholar
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Many general practitioners believe that setting external limitations on the ability to practice cosmetic medicine simply is a means of allowing certain specialties to monopolize the profitable aesthetic medicine market. See, e.g., Handley, R. T., “The Medi-Spa: A Current Cosmetic Dermatology Public Safety Concern,” Internet Journal of Academic Physician Assistants 7 (2009) (discussing how non-specialized practitioners assert that the motivation behind pushes for restrictive regulation “is politically driven” by desire to “corner a larger market share”). As a consequence, industry groups predominantly comprised of such doctors often assert that the imposition of relatively few professional standards are sufficient to rectify existent problems in the industry. Cf. American Society for Aesthetic Plastic Surgery, Ethics and Plastic Surgery, Press Release, July 20, 2000, available at <http://www.surgery.org/media/news-releases/ethics-and-plastic-surgery–asaps-position> (last visited April 26, 2012) (implying that industry problems derive from failure of others to comply with professional Code of Ethics ASAPS members pledged to).Google Scholar
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Id. (“Preference and the ability to pay may be necessary for access to medical care in our society, but they are not sufficient.”).Google Scholar

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