Bill on cosmetic treatments must go further to stop repeat offenders – expert

A proposed Bill that would regulate non-surgical procedures such as Botox needs to go further to stop repeat offenders, the director of a safety group has said.

The Health, Social Care and Sport Committee met at the Scottish Parliament on Tuesday to discuss a new Bill that aims to bring in regulations for procedures such as Botox, fillers and Brazilian butt lifts.

The Scottish Government has put forward legislation in the Non-surgical Procedures and Functions of Medical Reviewers (Scotland) Bill to ensure that these non-surgical procedures are only carried out by registered healthcare professionals working in “appropriate settings”.

Jacqueline Cooney, director of the Scottish Medical Aesthetics Safety Group, said while she welcomed the Bill, she wants it to go “slightly further” with sanctions for repeat offenders.

She said: “I do think that it needs to go slightly further. I think repeat offences, you could just keep continuing to flout the Bill. I don’t want it to be treated like it’s just an expensive parking fine and that you would be fined, and then fined again, and fined again.

“I do think there needs to be something recordable, because harms can be brought to people because of these treatments.”

The legislation would also make it an offence for these procedures to be provided to people under the age of 18.

The panel agreed that 18 would be the right age to give informed consent for these procedures, however, it would be questionable what kind of procedures are clinically justified for someone that age.

Amanda Demosthenous, a non-executive, board member at the British Association of Medical Aesthetic Nurses, said: “From a consent perspective, absolutely they likely have understanding of treatment procedures at that age.

“It’s just the kind of the sector that we’re in is questionable as to whether it would be a clinically justified treatment to give.”

The executive director of strategy at the General Dental Council, Stefan Czerniawski, echoed Ms Demosthenous’ comments, with the panel sharing concerns surrounding whether certain procedures are appropriate for an 18-year-old, rather than if they can consent.

He said: “I think what you’ve got to be careful distinguishing between what might be clinically appropriate for somebody, and the level at which they are capable of offering informed consent and understanding the risks and benefits.

“I think 18 feels like the right place for informed consent. It might well be that there are treatments that are wholly inappropriate to 18-year-olds. I think that’s a different issue.

“I think it’s also important, though, that in a very small number of cases, there may be medical justification for treatment for somebody who is under 18.”

The Bill will also give Healthcare Improvement Scotland new powers to enter and search premises if they suspect procedures are being carried out in breach of the regulations.

As the sector is not fully regulated, anyone can carry out the procedures without formal training.

While there are approximately 550 independent clinics which are registered with Healthcare Improvement Scotland, Government papers lodged alongside the legislation estimated there to be 1,000-1,500 unregulated businesses operating in the sector.

The committee will continue to hear from industry and medical experts.