23 May 2024

There has been an exponential increase in unregulated non-medical persons engaging in invasive procedures.

The BBC recently reported that thousands of pounds worth of unlicenced dermal fillers had been seized from a Glasgow warehouse. The operation was carried out by the Criminal Enforcement Unit of the Medicines and Healthcare Products Regulatory Agency (MHRA) and among the unauthorised products found in the Glasgow warehouse were almost 400 non-compliant dermal fillers and 320 non-compliant needles/cannulas. More than 180 vials of unlicenced and suspected illegally traded botulinum toxin were also seized.

Botulinum toxin is a prescription only medicine (POM) and therefore can only lawfully be prescribed for administration by a regulated healthcare professional with prescribing rights, following a one-to-one consultation with the patient who will receive the treatment.

However, due to lack of regulation in the UK, you do not require to be medically trained to offer aesthetic treatments. Currently there is still no law that governs the use and possession of these injectable products and this has led to a boom in the medical aesthetics industry. As filler products can be so easily acquired, anyone can legally work in this field.  

Qualified aesthetic professions are reporting a huge increase in complications. In the last 5 years reports of complaints from invasive procedures have surged by 98% across the UK and by 150% specifically in Scotland as documented by Save Face, a nationwide aesthetics safety organisation. These complaints represent only one safety organisation. They do not include any data from Healthcare Improvement Scotland, Trading Standards, Environmental Health, the Patient Safety Group and or from GP practices and Accident and Emergency Departments within the NHS who also receive complaints.

It is therefore crucial that patients do their research and select the right practitioner for a chosen treatment.

Many patient safety groups are urging the Scottish Government to take action, and work with them to introduce regulations to a standard that promotes patient safety above anything else.

Providers advertise their services through unregulated social media advertising campaigns using bargain prices. Demand for procedures is high and medicines like these are dangerous in the wrong hands, potentially leading to serious adverse consequences. If these providers have no insurance, and given they are unregulated, then where is the protection for those harmed by these procedures?

We would advise anyone planning to have an aesthetic procedure to:

1. Carry out research to identify reputable clinics employing competent aesthetic practitioners who are sufficiently trained with the necessary qualifications to carry out the procedure safely.
2. Ensure a one to one consultation takes place and the risks and benefits have been fully discussed.
3. Consider the treatment price being offered and if seen to be good to be true, it probably is.

The Scottish Government is currently considering developing a licencing scheme for aesthetic activities and it remains to be seen how this will develop. It is clear that regulation needs to be introduced to ensure non-professionals can be held legally accountable if they wish to operate in this field. It may also be helpful to introduce a statutory duty to obtain insurance and to record and report instances of serious harm.

This would also assist with the building of the data which is currently missing. We would also suggest providers are legally required to declare to patients that they are not medical professionals. Again, this would help with informed treatment and consent. Clearly there is a lot of work to be done by the Scottish Government and given Scotland was recently reported by the BBC to be the ‘worst country in Europe’ for unqualified beauticians injecting customers with cosmetic treatments, it is hoped that they will accelerate their plans for regulation.

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