The Criminal Court No. 30 of Madrid, in its Judgment No. 292/2025 of September 26, has acquitted two nurses accused of professional misconduct for independently administering dermal fillers containing hyaluronic acid.
At Kepler-Karst Law Firm, under the direction of Eduardo de Urbano Castrillo, Of Counsel, and Sandra Imedio, Associate, we pursued a defense strategy focused on demonstrating that hyaluronic acid used for aesthetic purposes constitutes a medical device, not a medicinal product, in accordance with Royal Legislative Decree 1/2015.
The court’s ruling expressly acknowledges this distinction, emphasizing that medical devices act through physical or mechanical mechanisms, rather than pharmacological ones, and therefore may be prescribed and administered by nurses. Moreover, the judgment highlights the existing “legislative gap” regarding the delineation of functions among healthcare professions and departs from the position previously upheld by the Public Prosecutor’s Office and certain lower court precedents.
This decision provides interpretative clarity and legal certainty in an area that, until now, had been marked by significant uncertainty.
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