Scottish Parliament Committee backs Bill to regulate non-surgical procedures industry

The Bill seeks to regulate non-surgical procedures including cosmetic treatments such as fillers, Botox, certain chemical peels and microneedling. In its Stage 1 report, the Committee says patient safety must come first and that it agrees it should be illegal for under-18s to access these treatments.

The Committee is supportive of the two-tiered approach to regulation being proposed by the Scottish Government. This would mean procedures deemed ‘higher risk’ could only be undertaken in permitted premises under supervision from authorised medical practitioners, while lower risk procedures would be subject to a licensing scheme to be introduced via secondary legislation.

The Committee acknowledges concerns expressed by some of those businesses currently providing non-surgical procedures about the Scottish Government’s proposed approach to regulation. To alleviate these concerns, the Committee asks the Scottish Government to provide appropriate support and guidance to help responsible providers to make the transition successfully to the new regulatory framework.

The Committee is concerned over a lack of clarity around requirements for clinical supervision of those procedures covered by the Bill, including minimum qualification requirements for those providing supervision and the scope of their clinical and managerial responsibilities.

On enforcement, the Committee calls for a staged approach which will give responsible operators time and support to meet the requirements of the legislation, while punishing those irresponsible operators who show no interest in complying with the law.

The Committee says the current sanctions set out in the Bill are insufficient and would not deter irresponsible providers from committing repeat offences. It has therefore called on the Scottish Government to introduce stronger penalties for offences committed under the Bill.

The Committee also highlights concerns that Healthcare Improvement Scotland (HIS) may lack the capacity and resources to be able to enforce the Bill effectively. The Committee’s report seeks assurances that, in the short term, the Scottish Government will commit additional funding to enable HIS to enforce the Bill properly from the outset.

The huge variability in the quality of training and qualifications held by or available to those providing non-surgical procedures is highlighted by the Committee. It wants to see the creation of clear and appropriate standards for all practitioners.

The Health, Social Care and Sport Committee Convener, Clare Haughey MSP, said:

“Our Committee believes patient safety must always come first and that’s why we are supportive of this Bill which will provide much needed regulation of the non-surgical procedures industry.

“We fully back provisions making it illegal for under 18s to access these procedures and believe the Scottish Government should work with the UK Government to improve and standardise training and qualifications so all providers meet a minimum standard.

“Healthcare Improvement Scotland must be given the resources to be able to enforce the law effectively in this area – and penalties for offences must be set at a level that creates a suitable deterrent.

“We acknowledge that there will be many practitioners who are concerned about the impact this new regulatory framework may have on their businesses. That’s why we’re calling on the Scottish Government to provide appropriate support and guidance to help responsible providers make a successful transition and continue operating in compliance with the law.

“Thanks to everyone who gave evidence to our Committee and helped inform our scrutiny of the Bill.”

On the 2nd part of the Bill, the Committee is supportive of updating the processes by which Medical Certificate of Cause of Death (MCCDs) are processed in Scotland. This would include allowing interested persons to request a review of a MCCD even when it has already been randomly selected for review.

Read the Stage 1 Report on The Non-surgical Procedures and Functions of Medical Reviewers (Scotland) Bill