The government has announced new measures to crack down on unqualified 'cowboy' cosmetic procedures in England. We spoke to one of our legal experts, who warned that the new rules will bring compliance risks.
Under new plans, only qualified healthcare professionals will be able to perform the highest-risk procedures. These must be done by specialist healthcare professionals working in providers that are registered with the Care Quality Commission (CQC).
The new regulations follow a series of incidents where people have had high-risk treatments from people with little or no medical training - leading to dangerous complications, permanent scarring and even death.
Other lower-risk cosmetic treatments - including Botox, lip fillers and facial dermal fillers - will also be subject to a new local authority licensing system.
Practitioners will be legally required to meet new safety, training, and insurance standards - those who break the rules on the highest-risk procedures will be subject to CQC enforcement and financial penalties.
The government also plans to bring in restrictions for under 18s on high-risk cosmetic procedures, unless authorised by a healthcare professional.
Reacting to the announcement Zoe McNeil, Senior Associate in our Regulatory team and legal healthcare expert, said:
“The government’s proposed crackdown will introduce a new set of regulations and increased oversight by regulators, which is a much-needed shift for an industry that has become increasingly casual, partly due to its prevalence on social media and its typical setting in high streets or practitioners’ living rooms.
“With these changes, consumers are likely to ask more questions about who is carrying out their procedures, which in turn may increase the likelihood of complaints to regulators such as the HSE (Health and Safety Executive), CQC (Care Quality Commission), or the local authority and therefore unannounced inspections and enforcement action.
“Providers looking to host this type of work within their business should take steps to ensure those carrying out procedures are qualified and competent to do so, and be proactive in communicating their training and experience to patients to build understanding and trust in these settings.
“Regardless of how long it may take for the regulations to come into force, we can expect increased scrutiny from regulators of those carrying out procedures in what appears to be an unregulated setting; for example, on a mobile basis from people’s homes or in ‘rent-a-room’ beautician environments.
“Practitioners must ensure they are fully aware of their legal obligations, particularly those operating in their own name (which is commonplace in the beauty industry), as this could give rise to personal criminal liability.”
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