Code of Ethics of the American Society of Plastic Surgeons

PREAMBLE

As stated in its Bylaws, the American Society of Plastic Surgeons (ASPS) is organized:

To benefit humanity by advancing the art and science of plastic and reconstructive surgery; to promote the highest standard of professional skill and competence among plastic surgeons; to promote the exchange of information among plastic surgeons; to promote the highest standard of personal and professional conduct among plastic surgeons and other Members; to provide the public with information about the scientific progress in plastic and reconstructive surgery; to promote the purpose and effectiveness of plastic surgeons as is consistent with the public interest.

Membership in ASPS is granted to those surgeons who are competent practitioners of the art and science of plastic surgery. Competence in plastic surgery involves attainment and maintenance of high standards of medical and ethical conduct.

• Medical competence is fostered by successful completion of the examinations of the American Board of Plastic Surgery, The Royal College of Physicians and Surgeons in Canada, and/or the Corporation Professionelle des Médecins du Québec.
• Ethical competence is fostered by the adoption and enforcement of a Code of Ethics, adherence to which is prerequisite for admission to and maintenance of membership in ASPS.

Members are expected to act in accord with the General and Specific Principles of the Code of Ethics of ASPS in all their contacts with patients, peers, and the general public. Members are individually responsible and accountable for their actions and words, as well as the use of their names, by any individual or entity. Members shall be subject to disciplinary action, including expulsion, for violation of any of the General or Specific Principles of this Code.

SECTION 1: GENERAL PRINCIPLES

I. The principal objective of the medical profession is to render services to humanity with full respect for human dignity. Members should merit the confidence of patients entrusted to their care, rendering to each a full measure of service and devotion.

II. Members should strive continually to improve medical knowledge and skill, and make available to their patients and colleagues the benefits of their professional achievements. Members have an affirmative duty to disclose new medical advances to patients and colleagues.

III. Members should practice a method of healing founded on a scientific basis, and should not voluntarily associate professionally with anyone who violates this principle.

IV. Members should observe all laws, uphold the dignity and honor of the profession, and accept its self-imposed disciplines. They should expose, without hesitation, illegal or unethical conduct of fellow Members of the profession.

V. Members may choose whom to serve. In emergency situations, however, Members should render service to the best of their ability. Having undertaken the care of a patient, a Member may not neglect the patient; and until the patient has been discharged, a Member may discontinue services only after giving adequate notice.

VI. Members should provide services under terms and conditions that permit the free and complete exercise of sound medical judgment and skill.

VII. A Member should seek consultation upon request, in doubtful or difficult cases, or whenever it appears that the quality of medical service may be enhanced thereby.

VIII. A Member may not reveal a patient’s confidence, any observed characteristics of the patient, or any information obtained from the patient in a professional capacity, without the patient’s consent, unless required to do so by law, or if necessary to protect the welfare of the patient or the community.

IX. The honored ideals of the medical profession imply that the responsibilities of the Member extend not only to the patient, but also to society. Activities which improve both patient and community well-being deserve the interest and participation of the Member.

X. To assist the public in obtaining medical services, Members are permitted to make known their services through advertising. Advertising entails the risk that the Member may employ practices that are false, fraudulent, deceptive, or misleading. Regulation is necessary and in the public interest. Subsection II of the Specific Principles permits public dissemination of truthful information while prohibiting misleading communications and restricting direct solicitation.

XI. In their public and private communications with or concerning patients and colleagues, Members shall strive to use accurate and respectful language and images.

SECTION 2: SPECIFIC PRINCIPLES

I. Disciplinary Action

Each Member may be subject to disciplinary action, including expulsion, if:

A. The Member’s right to practice medicine is limited, suspended, terminated, or otherwise affected in any jurisdiction, or the Member is disciplined by any medical licensing authority. Disciplinary action may be stayed pending resolution; the Member must provide ASPS updates at least every six (6) months.

B. The Member’s certification by a recognized board is placed on probation, suspended, terminated, or otherwise affected. Same reporting requirements apply.

C. The Member fails to inform ASPS as required in Articles I(A) and I(B).

D. The Member is convicted of, or pleads guilty to, a felony or any crime relating to medical practice or moral turpitude.

E. The Member engages in sexual misconduct in the practice of medicine.

F. The Member is involved in improper financial dealings, including but not limited to:

• Dividing fees improperly without patient consent or proportional service.
• Accepting or giving referral fees inappropriately.
• Charging exorbitant fees unrelated to services provided.
• Requiring prepayment for elective surgeries (except emergencies).
• Limiting price competition among Members.

G. The Member uses public or private communication that is false, fraudulent, deceptive, or misleading, including:

Misrepresentations, omissions, misleading photos, testimonials, exaggerations, or unsubstantiated claims.

H. Performing unjustified surgery.

I. Delegating responsibility improperly.

J. Participating in raffles or promotions offering medical procedures as prizes.

K. Restricting dissemination of medical knowledge via patents or trade secrets.

L. Engaging in unprofessional conduct violating General Principles.

II. Advertising

• Members may advertise through public communications, subject to limitations.
• Testimonials may be used if compensation is clearly disclosed.
• Members must approve all advertisements and retain records for one year.
• Use of model photos must clearly indicate if they are not actual patients.

III. Solicitation

• Members shall refrain from systematic verbal solicitation.
• Members shall not initiate contact with vulnerable prospective patients.
• Members giving unsolicited advice shall not accept employment from that advice under certain conditions.

IV. Expert Testimony

Members must provide objective, unbiased testimony, with restrictions on compensation, conflicts of interest, and false statements. They must:

1. Have relevant experience.
2. Review facts thoroughly.
3. Be familiar with standards of practice.
4. Provide evidence-based testimony.
5. Demonstrate causal relationships where applicable.
6. Not endorse substandard performance.
7. Avoid labeling maloccurrences as malpractice.

V. Conflicts of Interest

Members must disclose any conflicts affecting clinical judgment. Disclosure is required to patients, the public, and colleagues.

VI. Enforcement

Members charged with violations may face censure, suspension, or expulsion as per ASPS Bylaws.

VII. Glossary

• Compensation: Cash, services, products, or any value transfer.
• Electronic Media: Websites, blogs, social media, digital platforms, etc.
• Endorsement: Any advertising message reflecting a party other than the Member.
• Private Communication: Information not intended for the public.
• Procedure: Medical service requiring an incision.
• Public Communication: Information transmitted to the public.
• Public Communications Media: Any medium for public communication.
• Recent and Substantive Experience: Relevant experience in the procedure within the past three (3) years.
• Solicitation: Communication aimed at attracting a patient.

STATEMENT OF PRINCIPLE OF INFORMED CONSENT

The Member-patient relationship is one of shared decision-making. Members provide information that allows patients or their authorized representatives to make informed choices about medical treatment.

Relevant information includes:

• Nature of the surgery or treatment
• Indications for the operation
• Expected benefits
• Consequences and side effects
• Potential risks and adverse outcomes with probability and severity
• Alternatives, their benefits, risks, and consequences
• Anticipated outcome
• Whether the operation is experimental or off-label

A written consent form must be signed before any surgical procedure.