04 July 2024

Market expansion - The lack of adequate regulation of aesthetic medicine in Scotland presents uncertainty and risk to practitioners and patients. Quite simply, regulation has not kept pace with the market’s rapid expansion.

In order to provide a service that is safe for patients, there needs to be adequate regulation of the products available in the market, as well as the clinics and individuals carrying out aesthetic procedures. 

As the demand for aesthetic treatment continues to increase, and the range of treatment options continues to expand, there is an urgent need for wider regulation.  A number of practitioners and groups are working hard to effect positive change to ensure fair and transparent regulation for treatment providers, and to protect public safety.   

Concerns for practitioners and patients

The absence of adequate regulation presents a number of concerns for practitioners and patients, which include the following:  

• Regulation of treatment providers

At present, healthcare professionals practising aesthetic medicine are regulated by the body responsible for their profession (for example, the General Medical Council, General Dental Council or Nursing and Midwifery Council) as well as Healthcare Improvement Scotland.  This sits in stark contrast to non-healthcare professionals who are not regulated. 

There needs to be a system to ensure that patients who undergo non-surgical cosmetic procedures can be confident that the treatment they receive is of a high standard.  It is also important that patients know whether their treatment provider is a healthcare professional or not, and whether they are a suitable person to carry out the treatment, so that they can make informed decisions.

• Counterfeit products

The lack of stringent regulation in respect of products leaves room for the use of products from unregulated suppliers.  This can make it difficult to track the source and ingredients of products.  It is important that the source and quality of products is regulated to promote patient safety.

• Public health

The lack of adequate regulation presents a public health risk in respect of the potential for significant adverse reactions and the spread of infection, both of which might be avoidable with adequate regulation in place.  

There is also increasing concern about the impact on NHS resources, with patients frequently presenting to primary and secondary care with adverse reactions to aesthetic treatment.  Wider regulation is needed to reduce these risks.

Protecting against risks

In the absence of adequate regulation, practitioners and the public are exposed to uncertainty and risk.  Action needs to be taken to avoid a public health crisis.  Representatives of the Scottish Medical Aesthetics Safety Group, British College of Aesthetic Medicine, and British Associate of Cosmetic Nurses recently attended a cross-party meeting of MSPs at the Scottish Parliament to call for the implementation of a comprehensive solution to these problems.  This might begin with interim measures to recognise the urgency of the concerns, including the need to bring Scotland into line with the rest of the UK in making it illegal to provide aesthetic procedures to under 18s, and implementing a system to regulate or license non-healthcare professionals, similar to the plans for licensing in England.

In the meantime, there are steps that can be taken by practitioners to mitigate the risks to their practice.  In addition to having appropriate indemnity or insurance in place, practitioners can look at enhancing and safeguarding their practice in some of the key areas that can often form the basis of a complaint or claim, such as record-keeping, consent, and patient selection.  It is not necessary to wait for a problem to arise; taking preventative advice is beneficial.

Cara Docherty and Natalie McCartney are Senior Associates in BTO’s Professional Discipline and Clinical Defence team and have an interest in advising and defending aesthetic practitioners.  If you would like to have an informal discussion with them, please get in touch.

Cara Docherty, Associate: cdo@bto.co.uk / 0141 221 8012

Natalie McCartney, Senior Associate and Solicitor Advocate: nem@bto.co.uk / 0131 222 2939