Here are the biggest “must knows” based on what’s been published to date:

When will the new law come in regulating non-surgical cosmetic (aesthetic) procedures?

We don’t yet know is the simple answer. Recent statements from Ministers within the Department of Health and Social Care show that the Government definitely intends to introduce legislation. However, the timeline for this has not yet been published.

Are only medical professionals (Doctors, Nurses, Dentists, Allied Health professionals etc.) allowed to offer non-surgical cosmetic (aesthetic) procedures?

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.

Will practitioner insurance be mandatory?

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.

As a practitioner, what is going to change in terms of what I can and can’t do?

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.

How will practitioners be able to obtain a licence?

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

How much will a licence cost and will this be a one-off cost or annual?

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

Will practitioners have to be inspected to obtain (and renew) a licence?

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.

Can I be prevented from working / operating if I fail a licence inspection?

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.

Can I be prevented from practising if I do not possess the correct qualifications or training?

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.

What qualifications will practitioners need to possess to perform non-surgical cosmetic procedures?

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

How do I know that the products and equipment I am buying is safe and licensed for use in the UK?

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 and 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).

What procedures will be licensed?

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.

What else will be included in the 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 meet hygiene and safety standards.

Do I have to have this licence if I already have a special treatments registration or other licence?

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.

If I am CQC regulated, will I still have to be licensed?

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.

This resource is supported by:

• British Beauty Council (BBCo)
• British Association of Beauty Therapy & Cosmetology (BABTAC)
• British Institute and Association of Electrolysis (BIAE)
• Chartered Institute of Environmental Health (CIEH)
• Confederation of International Beauty Therapy and Cosmetology (CIBTAC)
• Department of Health & Social Care (DHSC)
• Federation of Holistic Therapists (FHT)
• Hairdressing and Beauty Industry Authority (HABIA)
• Joint Council for Cosmetic Practitioners (JCCP)
• National Hair & Beauty Federation (NHBF)
• UK Spa Association (UKSA)