Non-Surgical Cosmetic Procedures: Do UK Legal Regulations Actually Protect Consumers?

Non-surgical cosmetic procedures have drastically increased in recent years. Treatments like Botox, dermal fillers and chemical peels offer people the chance to enhance their appearance without going under the knife.

However, as the industry booms in popularity across the UK, there are growing concerns about consumer safety and the quality of care provided. The rapid nature of growth has outpaced the development of comprehensive regulatory frameworks. 

Current Regulatory Landscape

The UK currently has several regulations intended to govern non-surgical cosmetic procedures. However, these are fragmented, with various legislations and local variations.

Key amongst the regulations are:

• The General Medical Council (GMC) guidelines, which state that only licensed medical professionals can prescribe Botox.

• The Medicines and Healthcare products Regulatory Agency (MHRA), which oversees the safety of the products used, ensuring they meet certain standards before they reach the market.

• The Care Quality Commission (CQC) regulates clinics offering these procedures, but only if they provide treatments like mole removals or cosmetic surgery. Unfortunately, many non-surgical treatments fall outside the CQC's purview, creating a regulatory gap.

However, there is no legal requirement mandating that all practitioners must meet these training and infection control standards to perform procedures.

The Rise of Non-Medically Trained Providers

A significant issue within the industry is the increasing number of non-medically trained providers offering cosmetic treatments. Unlike doctors, dentists, and nurses who undergo rigorous training and adhere to strict professional standards, many of these providers do not have formal medical qualifications. This discrepancy has led to a rise in complications and adverse effects from poorly administered treatments.

Non-medically trained providers often operate in a grey area of the law. For example, while they cannot legally prescribe Botox, they can administer it if obtained through a prescribing doctor. This loophole allows many to operate with minimal oversight, risking consumer safety.

The Case for Medically Trained Professionals

Opting for treatments from regulated professionals, such as dentists, in theory reduces the risks associated with non-medically trained providers.

Moreover, regulated professionals are bound by ethical standards and regulatory bodies that hold them accountable. This accountability ensures that patients receive care that prioritises their safety and well-being.

Government's Proposed Licensing Scheme

In response to growing concerns, the Sunak Conservative government launched a consultation on 2 September 2023 which ran until 28 October 2023. This sought public feedback on various aspects of the proposed licensing scheme. This includes:

• Which procedures should be included in the licensing scheme;

• Whether certain procedures should only be performed by qualified and regulated healthcare professionals; and

• Potential age restrictions on receiving specified procedures.

The aim is to close existing loopholes and ensure that only qualified professionals can administer treatments. The changes are also expected to enhance consumer protection and reduce the prevalence of botched procedures.

The intention throughout 2024 and 2025 for the government to work with expert groups on the elements that will underpin the licensing scheme. However, it is currently unclear whether the new Labour government will introduce the proposed license and/or make additions.

Conclusion

While current UK regulations offer some level of consumer protection, significant gaps remain, particularly concerning non-medically trained providers. Consumers can be better safeguarded when they choose treatments from regulated professionals who bring medical expertise and adherence to stringent standards.

The proposed regulations promise to strengthen oversight and improve safety, ensuring that the booming non-surgical cosmetic industry can flourish without compromising consumer welfare. However, it remains to be seen whether these proposals will be introduced under the new government.

If you have any queries about these UK Regulations, please do not hesitate to get in touch by telephone on 0207 052 3545 or by email info@kaurmaxwell.com

This article is for general information only. Its content is not a statement of the law on any subject and does not constitute advice.

Please contact KaurMaxwell for advice before taking any action in reliance on it. 

By: Zara Aziz