Cosmetic Procedures – The Crackdown

A recent press release from the Department of Health and Social Care has indicated that new measures will be introduced by the government to crack down on cosmetic procedures. 

Some of the key aims are:

• Only suitably qualified healthcare professionals will be able to deliver high-risk procedures such as Brazilian butt lifts
• Clinics administering fillers and Botox will need to meet strict standards to obtain a licence
• Children to be protected from dangerous beauty trends on social media through plans for new age restrictions on treatments

As to when these measures come into play remains to be seen - The Health and Care Act 2022 gave the Government powers to introduce a licensing scheme for aesthetic practitioners who undertake non-surgical procedures, such as dermal fillers, botulinum toxin, chemical peels, laser treatment and other invasive procedures in England but progress has ultimately been slow. It is now envisaged that the licensing scheme will be run by local authorities and will require practitioners to meet strict safety, training and insurance standards.

This recent press release however serves as a timely reminder that if you / your organisation are providing cosmetic procedures, it is worth noting:

• Should you look into CQC registration?
• Do you have the appropriate indemnity insurance?
• If you are GMC/NMC registered, are you familiar with your additional responsibilities?
• Are you complying with your data protection requirements in the handling and storage of patient records?

Whilst, in the majority of instances, many of these procedures result in the desired cosmetic outcome, there are unfortunately a number of instances where that is not the case leading to claims and in some instances, referral to a regulating body. The value of these claims can range from a few hundred pounds to thousands when there has been a significant side effect or complication. A common feature in these cases is the issue of consent – has the patient been appropriately advised of the risks and side-effects and is there documentation to that effect?

If you would like to read more, the press release can be found here.

Any queries, please contact Raj Kang, Partner in Health & Care – Resolution and Regulatory, Bevan Brittan LLP.