The Law Relating To Aesthetic Practice
The UK Government has proposed New Regulations for Aesthetic Practice in the UK.
It is now proposed that Legislation will not be Law until at least 2026
There is no Statutory Register for all Aesthetic Practioners
Despite claims from some marketing companies, some who operate
registers on behalf of the JCCP there is
No regulated Register for ALL Aesthetic Practioners in the UK
In April 2022, the Health and Care Act gave the Secretary of State for Health and Social Care the power to introduce a licensing regime for non-surgical cosmetic procedures in England.
This legislation related to Cosmetic Procedure
‘Cosmetic procedure’ means a procedure, other than a surgical or dental procedure, that is or may be carried out for cosmetic purposes; and the reference to a procedure includes:
the injection of a substance
the application of a substance that is capable of penetrating into or through the epidermis
the insertion of needles into the skin
the placing of threads under the skin
the application of light, electricity, cold or heat
The Government do not intend, at this time, for the scheme to cover all those procedures currently subject to local authority registration under the Local Government (Miscellaneous Provisions) Act 1982, such as tattooing, piercing or acupuncture. Their intention is to cover high-risk, invasive procedures, as these procedures currently present the highest risk to the public. However, they welcome views on the procedures to be captured within the scope of the licensing scheme below. **
Many Local Authorities are using the
Local Government (Miscellaneous Provisions) Act 1982*
to introduce local legislation under these powers to regulate
practice and practioners in their area.
Please check with your Local Authority for Compliance.
Age Restrictions for 'Botox' and Dermal Filler
It is
AGAINST THE LAW
to inject any person
Under the age of 18
From 1 October 2021 it is a criminal offence to administer botulinum toxin (commonly known as ‘Botox’)
or a filler by way of injection for a cosmetic purpose to a person under 18 in England,
even if they have the permission of someone over 18 ***
The UK Government has proposed a 'Traffic Light System' To Identify
Where in New Legislation Treatments will Fall and the
REQUIRED LEVEL OF QUALIFICATIONS FOR THE PARCTIONER ****
Red Light Treatments
Under new proposals ALL practioners of the following treatments will be required to be
DOCTORS ONLY
Procedures with the highest risk of complications.
In line with the proposal on CQC regulation of cosmetic procedures bringing specified high-risk procedures into CQC regulation, so that they fall outside of the scope of the licensing scheme.
They are also proposing to restrict these procedures to qualified and regulated healthcare professionals only.
(Health care professionals to be defined)
Amber Light Treatments
Levels 5 & 7
Licensed Aesthetic Practitioners must have relevant oversight by a named regulated healthcare professional (who has gained an accredited qualification to prescribe, administer and supervise aesthetic procedures).
Qualified and regulated healthcare professionals are eligible to perform these procedures without oversight where they meet agreed standards ( this is yet to be confirmed, healthcare professionals needs definition and level of training/qualification)
The proposal may includes, but is not limited to, the following procedures:
Botulinum toxin injections
Semi-permanent dermal fillers injected into the face only
Bio-revitalization injections and/or any injection of hyaluronic acid
Vitamin and mineral injection procedures
Platelet rich plasma (PRP) therapy for cosmetic purposes and Bio-filler
Injection micro-sclerotherapy (spider vein treatment)
weight loss injections
Carboxytherapy and/or the infusion of gases under the skin
Cellulite subcision
Injection lipolysis with a POM
Crylipolysis
High intensity focused ultrasound (HIFU), including intimate use
radiofrequency treatments
Plasma ablation or plasma fibroblast
Non-ablative lasers (excluding photo rejuvenation and laser hair removal)
Medium depth peels that involve full thickness destruction of entire epidermis into
upper dermis (the inner layer of the 2 main layers of the skin)
POM treatments applied topically for cosmetic purposes, such as prescription strength vitamin A
and hydroquinone for the treatment of pigmentation problems or for skin whitening
Electrocautery
The combination of 2 or more technologies to create a hybrid device.
For example, the combination of radiofrequency and micro-needling
to treat lines, wrinkles, sagging skin, acne scars and stretch marks
Cryotherapy and/or any cryo-cautery procedure that freezes the skin in order to remove skin lesions
such as skin tags, age spots and warts
If you currently or plan to carry out any of these procedures
start planning now.
Whilst there is no final definition there is no doubt
NEW LEGISLATION IS COMING
It could take many years to achieve the required level of qualification.
It will be expensive.
Insurance will become qualification dependant.
GREEN LIGHT TREATMENTS
All other treatment, usually listed under 'Beauty Therapy and possibly Massage'
Please note many Local Authorities will list Massage under the
Local Government (Miscellaneous Provisions) Act 1982*
There is scope for Local Authorities to License any business under this act
should they choose to do so.
* https://www.legislation.gov.uk/ukpga/1982/30
** https://www.gov.uk/government/consultations/licensing-of-non-surgical-cosmetic-procedures/the-licensing-of-non-surgical-cosmetic-procedures-in-england#procedures-in-scope-of-the-licensing-scheme
*** https://www.gov.uk/government/publications/botulinum-toxin-and-cosmetic-fillers-for-under-18s/botulinum-toxin-and-cosmetic-fillers-for-under-18s
**** https://www.gov.uk/government/consultations/licensing-of-non-surgical-cosmetic-procedures/the-licensing-of-non-surgical-cosmetic-procedures-in-england#procedures-in-scope-of-the-licensing-scheme
