Aesthetics regulation

We don’t know yet is the simple answer. From recent statements that Ministers within the Department of Health and Social Care have given, we understand that the Government definitely intends to introduce legislation but the timeline for this has not yet been published.   The specific regulations that will underpin the licensing scheme will be subject to extensive engagement with stakeholders and public consultation.

The wording of the Health and Care Act law passed in April defines a non-surgical cosmetic (aesthetic) procedure under the term “cosmetic procedure” as a procedure, other than a surgical or dental procedure, that is carried out for cosmetic purposes; and includes—

(a) the injection of a substance;

(b) the application of a substance that is capable of penetrating into or through the epidermis;

(c) the insertion of needles into the skin;

(d) the placing of threads under the skin;

(e) the application of light, electricity, cold or heat;

However, the exact procedures within this definition will be defined as the licensing law is drafted. The Government intends to consult on exactly which procedures will be included in the scope of the new licence.

No. Medically trained and non-medically trained professionals can currently offer non-surgical cosmetic (aesthetic) procedures. However, we consider that all practitioners offering such procedures should be trained to an agreed national standard. We know however, that this is sometimes not the case.

A key aim of the new licence will be to correct this public safety issue by requiring all practitioners who perform the specified non-surgical cosmetic (aesthetic) procedures  to provide evidence that they meet a new (and yet to be defined) minimum standard of training, education and skill competence.

We do not yet know what qualifications will be required. The Government intends to consult on a new enforceable education and training standard.

All practitioners will be legally required to hold indemnity insurance to protect members of the public if something goes wrong with their procedure. The level of insurance for practitioners is still to be decided.

If you have any concerns about a medical or aesthetic practice, salon, clinic or individual practitioner you should contact your Environmental Health Department at your local Council. If your practitioner is a registered health care professional (such as a nurse, doctor or dentist) then you can also seek advice from their professional regulator (i.e., the General Medical Council etc).

Contact the practitioner who performed the procedure immediately and seek their advice. If this is unsatisfactory, contact your GP or in an emergency attend your Urgent Care Centre at your local hospital.

Yes. The intention is that all practitioners and the premises from which they work will have to be inspected and checked against certain standards prior to receiving a licence. The requirements for a practitioner and a premise licence will be set out in regulations.

Currently there is no central place to find qualified aesthetic practitioners because there are many different types of qualification and training available, which many argue vary in quality and competency.

This is why a licensing scheme that ensures a minimum standard of practice to include premises and practitioner competence is needed.

You should always ask your practitioner about the products and equipment that they use as part of your procedure. If you are receiving an injectable product or medicine then you should ask to see the container in which the substance is sealed within and check that it has a UK quality ‘CE’ mark to check that it is safe and appropriately produced. If you have any queries regarding the product, device or substance that is intended for use as part of your procedure then you can seek advice from the Medicines and Healthcare products Regulatory Agency (MHRA).

What will be included within the licence is still to be decided. However, it is intended that both practitioners and the premises from which they work will be expected to show proof of certain qualifications and insurance and provide evidence that the premises where procedures take place meet hygiene and safety standards.

No. Medically trained and non-medically trained professionals can currently offer non-surgical cosmetic (aesthetic) procedures. However, we consider that all practitioners offering such procedures should be trained to an agreed national standard. We know however, that this is sometimes not the case.

A key aim of the new licence will be to correct this public safety issue by requiring all practitioners who perform the specified non-surgical cosmetic (aesthetic) procedures  to provide evidence that they meet a new (and yet to be defined) minimum standard of training, education and skill competence.

Yes. Whilst the details of the licence are still to be decided, we understand that the Government’s intention is to make it mandatory for practitioners to have some level of insurance and to provide members of the public with access to a formal complaints and redress scheme.

We need to wait for the drafting of the licence to learn exactly what will be included within the licence and what level of training that will be required. However, we expect that, from a date to be agreed:

• practitioners who perform procedures within the scope of the new license will have to demonstrate that they possess a nationally determined standard of knowledge and skill to perform those procedures safely and effectively.
• practitioners will be required to work from premises that meet a national standard in health protection and infection control which will be determined by local authority environmental health officers.
• Other standards are also expected to be included in the license around issues of product supply, storage of products and medicines, prescribing practice, complaints procedures, insurance and the information given to clients by practitioners.

Practitioners and premises owners will be able to apply for a licence via their local authority as soon as the licensing scheme is announced.

The cost and frequency of the licence has not yet been decided.

Yes. The intention is that practitioners and premises will have to be inspected and checked against certain nationally agreed and enforceable standards prior to obtaining a licence.

Yes. As with existing licensing schemes, failure to meet the requirements of the licence can lead to practitioners and premises being prevented from operating. The exact details of the sanctions that will be applied to those practitioners who fail to meet the required standards set down for the new licence have yet to be legally determined.

Yes – in the future when the new licence is enforced in England. Whilst the exact level and content of the national mandated standard is yet to be determined, the intention is that only practitioners who meet an agreed standard will be able to carry out those procedures that are defined as being within the scope of the new licence.

See the response to point 9. This will be determined following extensive consultation between Government and stakeholders (including the industry).

You should always ensure that the medicines, products, devices and equipment that you are intending to use as part of your procedure are ethically sourced and carry a UK quality ‘CE’ or ‘UKCA’ mark and/or meet MHRA quality approval standards. If you are using a prescription only medicine as part of your procedure, then you should ensure that you follow nationally agreed guidelines standards on prescribing practice and always undertake to ensure that a face-to-face assessment has been undertaken by the prescriber and the person for whom the prescription is intended prior to the prescription being issued.

If you have any queries regarding the product, device or substance that is intended for use as part of your procedure then you can seek advice from the manufacturer or pharmaceutical company that produces it, from your pharmacy supplier or from the Medicines and Healthcare products Regulatory Agency (MHRA).

In the wording of the Health and Care Act law passed in April 2022, a cosmetic procedure is defined as a procedure, other than a surgical or dental procedure, that is carried out for cosmetic purposes; and includes—

(a) the injection of a substance;

(b) the application of a substance that is capable of penetrating into or through the epidermis;

(c) the insertion of needles into the skin;

(d) the placing of threads under the skin;

(e) the application of light, electricity, cold or heat;

However, the exact procedures within this definition will be defined as the licensing law is drafted. The Government intends to consult on exactly which procedures will be included in the scope of the new licence.

Again, details of what will be included within the licence is still to be decided. However, we expect that practitioners will be expected to show proof of certain qualifications and insurance, and that the premises where procedures take place meets hygiene and safety standards.

Yes. All practitioners and premises wishing to offer procedures included within the scope of the future licence will have to have a specific licence to do so.

Yes. The intention is that all practitioners, including registered health care professionals, will have to have a specific licence to carry out any of the procedures included within the future legislation.

Wherever possible we know that the government will seek to remove duplication of inspection regimes. However, what is clear is that the new national licensing standard for aesthetic practice will be applied to all providers and practitioners, regardless of their professional background.

In addition, all registered healthcare professionals who perform procedures that are defined for inclusion within the scope of the new licence will also need to continue to satisfy all requirements set down by their Professional Statutory Regulator.