TEXAS MEDICAL ASSOCIATION HOUSE OF DELEGATES
Resolution 306 (A-07)
Subject: Definition of Surgery
Introduced by: Lyle S. Thorstenson, MD
Referred to: Reference Committee on Science and Education
Whereas, The term "surgery" is defined in two different places in the Texas Occupation Code utilizing different words and references even though it is a key term in the scope of practice statutes for physicians, physical therapists, optometrists, and chiropractors; and
Whereas, State legislative and regulatory bodies across the country addressing surgery and scope of practice issues could benefit from professional guidance; and
Whereas, Costly legal disputes have arisen among licensed medical professionals regarding what constitutes surgery; and
Whereas, Some medical professionals could interpret the lack of a clear statutory definition of surgery as permission to perform medical acts that could be construed as surgery; and
Whereas, On Feb. 9, 2007, the American College of Surgeons Board of Regents adopted a Statement on Surgery Using Lasers, Pulsed Light, Radiofrequency Devices, or Other Techniques ( ST-11; attached , PDF ); therefore be it
RESOLVED, That the Texas Medical Association adopt the following definition of surgery from American College of Surgeons Statement ST-11:
Surgery is performed for the purpose of structurally altering the human body by the incision or destruction of tissues and is part of the practice of medicine. Surgery also is the diagnostic or therapeutic treatment of conditions or disease processes by any instruments causing localized alteration or transposition of live human tissue which include lasers, ultrasound, ionizing radiation, scalpels, probes, and needles. The tissue can be cut, burned, vaporized, frozen, sutured, probed, or manipulated by closed reductions for major dislocations or fractures, or otherwise altered by mechanical, thermal, light-based, electromagnetic, or chemical means. Injection of diagnostic or therapeutic substances into body cavities, internal organs, joints, sensory organs, and the central nervous system also is considered to be surgery (this does not include the administration by nursing personnel of some injections, subcutaneous, intramuscular, and intravenous, when ordered by a physician). All of these surgical procedures are invasive, including those that are performed with lasers, and the risks of any surgical procedure are not eliminated by using a light knife or laser in place of a metal knife, or scalpel;
and be it further
RESOLVED, That the Texas Medical Association Delegation to the American Medical Association carry this resolution to the American Medical Association House of Delegates for adoption.
TMA House of Delegates: TexMed 2007