Regulation of non-surgical cosmetic procedures
Overview
The Scottish Government is seeking to further regulate non-surgical cosmetic procedures (NSCPs). We are seeking a model of regulation which protects the public while being proportionate and providing a framework where potential clients can undergo procedures with confidence, and responsible, safe providers can continue offering them.
Section 2 of the background paper provides general information about the sector, including the issues we hope to resolve through further regulation. Before answering the questions in this consultation you may wish to consult the background paper.
Section 3 of the background paper provides details on a proposed approach to regulation which is only summarised here.
Proposals related to settings and premises
We propose that private NSCPs should take place in either:
- an independent clinic, or other healthcare setting regulated by Healthcare Improvement Scotland (HIS)
- a premises which is licensed by the local authority
We propose that wherever procedures take place they should be carried out by a suitably trained and qualified practitioner or by an appropriate healthcare professional.
- where procedures take place in a licensed premises we propose that this is ensured by requiring the practitioner to be licensed
- where procedures take place in a HIS regulated setting, this will be ensured through existing HIS processes
We do not believe that all procedures are appropriate in all settings. As such we propose to divide procedures into three groups based on factors such as how invasive they are, the level of risk and the level of medical knowledge or training required to conduct the procedures safely.
Proposals for grouping NSCPs
The Groups proposed are:
- Group 1 will contain those procedures which carry the lowest level of risk, are the least invasive, and which we believe can be safely carried out by a trained practitioner who is not a healthcare professional
We propose that Group 1 procedures should be undertaken in either a licensed premises or a HIS regulated setting.
- Group 2 will contain procedures which carry a higher level of risk, and are more invasive than those in Group 1.
We propose that Group 2 procedures should only be undertaken in a HIS regulated premises. We propose they could be safely carried out by a trained practitioner who is not a healthcare professional, but that such practitioners should be supervised by an appropriate healthcare professional.
- Group 3 will contain the procedures which carry the highest levels of risk and which are more invasive than Group 1 or 2 procedures.
We propose that as well as being undertaken in a HIS regulated premises that these procedures should always be undertaken by an appropriate healthcare professional.
“Supervised” means that the appropriate healthcare professional will be on site and available to intervene or support a practitioner in the event of any complications for the duration of any procedure. If a procedure requires prescription only medicine the supervising professional will be responsible for making that prescription. The supervising professional will also be responsible for any initial consultation(s), and for ensuring that the procedure can be carried out safely.
“Appropriate healthcare professional” means a doctor, nurse, midwife, dentist, dental care practitioner, pharmacist, or pharmacy technician who is competent and suitably qualified to offer that procedure, and is operating within their scope of practice.
“Risk” means the likelihood, potential duration and potential severity of complications or adverse outcomes from a procedure. No procedure is entirely without risk, regardless of who is carrying out the procedure or where.
Further details on our proposal is contained in Section 2 of the background paper published alongside this consultation.
We have proposed lists of procedures that belong in each of the groups we describe above. These lists, along with more information about the grouping we have proposed, can be found in Annex A of the background paper. In addition specific procedures are described in more detail in a glossary in Annex B of the background paper.
Read the consultation paper. The consultation paper contains full background information for this consultation. You may find it useful to read or refer to while responding.
Useful information about responding to this consultation
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A analysis report will usually be published some months after the consultation has closed. This report will summarise the findings based on all responses submitted. It will be published on the Scottish Government website and you may be notified about it if you choose to share your email address with us. You can also join our consulation mailing list where we regularly list newly published analysis reports (as well as new consultations).
Why your views matter
These proposals have been developed in conjunction with a variety of stakeholders and experts. We are now seeking wider public feedback. In addition to this consultation paper we will undertake targeted engagement to inform final proposals that will be put into any legislation.
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