Regulation of non-surgical cosmetic procedures: consultation

Proposals for Reform

Licensing of non-surgical cosmetic procedures that pierce/penetrate the skin provided by non-health professionals

The Scottish Government propose that those who are not qualified healthcare professionals and who provide higher risk, non-surgical cosmetic procedures that pierce/penetrate the skin are regulated by licence under Part 1 of the Civic Government (Scotland) Act 1982.

We propose to introduce an Order under section 44 of the 1982 Act that would ensure that a licence is required for carrying on a business which provides non-surgical cosmetic procedures through piercing or penetrating the skin e.g. providing dermal fillers, lip enhancements. The intention would be to include a similar requirement regarding inspection of premises as currently applies to tattoo parlours and skin piercing, so that local authority Environmental Health Officers (EHOs) would visit the premises and assess them against the specified conditions before a licence is granted.

When considering an application for a licence the relevant local authority would be required to refuse it if they think that the applicant is not a fit and proper person or is disqualified from holding a licence. We intend to make it a requirement that an applicant's knowledge, skill, training and experience is taken into account when determining whether they are a fit and proper person to hold a licence.

Tattoo parlours and skin piercing is subject to licensing under the 1982 Act by virtue of the Civic Government (Scotland) Act 1982 (Licensing of Skin Piercing and Tattooing) Order 2006 (as amended by Civic Government (Scotland) Act 1982 (Licensing of Skin Piercing and Tattooing) Amendment Order 2006), and we propose to make similar provision here.

Activities carried out by a member of a profession regulated by a body mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002 (GMC, GDC etc.) would not require a licence. This is consistent with the skin piercing and tattooing regulations. The healthcare professionals in this group who provide cosmetic treatments continue to be regulated by Healthcare Improvement Scotland.

Regulation of independent clinics operated by registered pharmacy professionals

We also plan to regulate independent health care services provided by registered pharmacy professionals, including cosmetic procedures, within an independent healthcare setting where thesef professionals are not providing pharmaceutical services under a NHS contract.

We intend to address the current legislative gap by amending the definition of "independent clinic" in section 10F of the 1978 Act so that it covers pharmacy professionals (registered pharmacists and registered pharmacy technicians) alongside the other specified healthcare professionals already covered. This would mean that independent healthcare services provided by pharmacy professionals (including cosmetic procedures) will be regulated by HIS in the same way as other independent healthcare services.

To avoid regulatory overlap with the General Pharmaceutical Council, the intention is that HIS will only regulate services provided by pharmacy professionals which are provided outwith a registered pharmacy and not under the terms of an NHS contract for the provision of pharmaceutical services.

We seek views on the following four questions to be returned by 30 April 2020:

1. Do you agree that further regulation of non-surgical cosmetic procedures is needed?

2. Do you agree that the carrying out of non-surgical cosmetic procedures (that pierce/penetrate the skin) by individuals who are not qualified healthcare professionals should be licenced under Part 1 of the Civic Government (Scotland) Act 1982?

3. Do you agree that services provided by pharmacists who undertake independent healthcare practices (including non-surgical cosmetic procedures), outwith the terms of an NHS contract should be regulated by Healthcare Improvement Scotland?

4. Do you have any other comments?