Unfortunately I do not think the qualifications exclude some people that should be excluded.
Even with the surgery done you still have to want to lose the weight. Some people after they have had it done still try to eat the same way they did before and for a little while the surgery seems to work because they do not get as much food but over time they strech their stomach back out so they are taking in to much food again.
Also the risk of complications from the surgery are enough that I would not want to risk it unless I was way overweight myself.