The Comisión Nacional de los Mercados y la Competencia (CNMC) has analyzed the proposed Code of Ethics and Deontology for Spanish nurses, which aims to replace the existing code from 1989. This review is part of the CNMC's mandate to ensure that new regulations do not impose unnecessary restrictions on professional access and practice.

The CNMC's evaluation is guided by the proportionality test established in Spanish law, which requires that any limitations on professional practice must be justified by a general interest and be the least restrictive possible. The authority has made several recommendations regarding the proposed code.

Firstly, the CNMC points out that mandatory membership in professional associations should only be enforced by a law of state rank, as there is currently no explicit law requiring this for nursing. Secondly, it suggests that references to 'fair and dignified fees' should be reformulated to avoid potential price alignment that could hinder competition.

Additionally, the CNMC stresses that any limitations on advertising and unfair competition must strictly adhere to existing laws without imposing further restrictions. It also calls for increased transparency regarding dissenting opinions during the public consultation process and recommends establishing mechanisms for continuous review of the code's proportionality every five years.