Here are the biggest “must knows” based on what’s been published to date:
As a consumer, am I now protected from ‘botched’ non-surgical cosmetic (also known as aesthetic) procedures in law?
No. The law passed in April 2022 simply gives the UK Government powers to introduce a licensing scheme to regulate premises and practitioners who offer certain procedures. The details relating to this new licensing scheme have not been written or passed yet.
When will the new law come in regulating non-surgical cosmetic (aesthetic) procedures?
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 been published. The specific regulations that will underpin the licensing scheme will be subject to extensive engagement with stakeholders and public consultation.
What will be considered a non-surgical cosmetic (aesthetic) procedure under the law?
The wording of the Health and Care Act law passed in 2022 defines a non-surgical cosmetic (aesthetic) treatment 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.
Are only medical professionals (Doctors, Nurses, Dentists, 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.
What qualifications will aesthetics practitioners need to do non-surgical cosmetic (aesthetic) procedures?
We do not yet know what qualifications will be required. The Government intends to consult on a new enforceable education and training standard.
What insurance will aesthetics practitioners need to have?
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.
What should I do if I am unhappy with a procedure?
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).
What should I do if I have a bad reaction or negative side effects after a procedure?
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.
Will all practitioners have to be inspected to get a licence?
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 the new regulations.
Where can I find a qualified aesthetic practitioner now?
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.
How do I know if the product/equipment is safe and licenced for use in the UK?
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 licensed?
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.
This resource is supported by: