The new Health and Care Act 2022 gives the government powers to introduce a licensing scheme for practitioners who operate in England. Work is now underway to decide what the licensing scheme will look like, the first stage of this is a national consultation.
The reason for the legislation is to reduce the risk of harm associated with ineffectively performed non-surgical cosmetic procedures, also known as aesthetic procedures, to the public. Once in force, this legislation will make it an offence to perform particular procedures without a license.
Here are some FAQs from the BIG Task and Finish Group for Licencing to answer some of the questions you may have about what’s to come:
What is the purpose of the licensing scheme?
The purpose of the licencing scheme is to ensure that consumers who choose to undergo an aesthetic (non-surgical cosmetic) procedure can be confident that the procedure they receive is safe and of a high standard.
The licensing scheme will ensure that those who offer these procedures are suitably knowledgeable, trained and qualified, hold appropriate indemnity cover and operate from premises which meet the necessary standards of hygiene and cleanliness.
Who will run the licensing scheme?
The government advises that their intention is that the licensing scheme will be administered by Local Authorities in England, who will work with a range of partners to operate and enforce the scheme, such as Environmental Health Officers, Trading Standards Officers and the Health and Safety Executive.
How quickly will a licensing scheme be introduced?
Currently, there isn’t an exact timeline. However, from the date the consultation closes and throughout 2024/25, the government will work with expert groups on the elements that will underpin the licensing scheme. The FHT, BIG and other stakeholders will continue to urge the government to act quickly to introduce the licence.
What is the scope of the proposed licensing scheme?
The licensing scheme will consist of two interlinked components:
a. Practitioner licence
Practitioners who offer procedures must be:
– suitably trained and qualified
– hold appropriate indemnity cover
b. Premises licence
A practitioner will operate from premises which meet the licencing scheme’s standards of hygiene and cleanliness.
Which procedures will be in scope of the new licensing regime?
In the wording of the Health and Care Act, passed in April 2022, a cosmetic procedure is defined as a procedure, other than a surgical or dental procedure, that is carried out for cosmetic purposes. It includes:
(a) the injection of a substance
(b) the application of a substance that is capable of penetrating into or through the capable of penetrating into or through the epidermis
(c) the insertion of needles into the skin
(d) the placing of threads under the skin
(e) the application of light, electricity, cold or heat
However, the exact procedures within this definition will be defined as the licensing law is drafted. The current government consultation seeks to inform and answer this question and will determine exactly which procedures will be included in the scope of the new licence.
Are there other proposed changes?
The government is also recommending the implementation of age restrictions on non-surgical cosmetic procedures carried out for aesthetic reasons. Building upon previous existing legal regulations regarding botulinum toxin and cosmetic fillers, the consultation proposes that procedures that fall under the new licence should be restricted for under-18s.
Will the licence specify the procedures that a practitioner is able to carry out?
Yes, we anticipate that the license will detail each of the procedures that a practitioner is licenced to perform.
If there are any procedures missing can these be included in the scope of the new practitioner license?
Yes, questions are included in the consultation document to enable you to highlight any procedures you think should or should not be included within the license.
Will there be different licenses for different procedures?
We expect there to be one practitioner license and one premises license. We expect these will state and specify which procedures it has been issued for in the scope of the licence.
Will the personal licence allow a practitioner to operate from other licensed sites?
Yes, we expect this to be the case although each ‘site’ will need to have its own individually assigned premises license.
Will a practitioner be able to operate from home?
Yes, if the home business meets the standards set down in the anticipated new premises license. Home-based businesses will also have to be inspected by local authority Environmental Health Officers in just the same way as they inspect salons and clinics.
Will a practitioner be able to operate on a mobile basis?
This is yet to be determined. However, we anticipate that it will not be acceptable to provide the procedure in the client’s home or from a mobile vehicle.
Will practitioners be able to offer procedures as soon as the new licensing scheme is implemented if they do not hold the required qualification? If so, won’t this pose a significant public health risk?
We recognise the potential risks associated with any delay to requiring all practitioners to meet all of the conditions set down and prescribed in the new license. We expect however that there will be period ‘grace’ of up to two years to enable practitioners to evidence that they meet and satisfy all of the conditions set down in the license. It will be for enforcers such as Environmental Health Officers to apply their judgement to risk assess and (if necessary) apply conditions/ sanctions at any time if they consider that there is a real risk of harm to members of the public.
Will the personal licences include a photo of the practitioner?
This is expected to be the case.
Will all practitioners have to be inspected to get a licence?
Yes. The intention is that all practitioners and the premises from which they work will have to be inspected and checked against certain standards prior to receiving a licence. The requirements for a practitioner and a premise licence will be set out in regulations.
Will enforcement officers be equipped with powers to issue immediate sanctions against those businesses who do not hold a licence or are breaching conditions?
As with existing licensing schemes, it is anticipated that EHOs will have the power to implement immediate or emergency enforcements notices.
Will a business need to provide evidence that they possess adequately determined medical indemnity insurance in order to obtain my license?
All practitioners will be legally required to hold indemnity insurance to protect members of the public if something goes wrong with their procedure. The level of insurance for practitioners is still to be decided. This will be a key condition for the granting of a practitioner license.
Will the government be introducing new ‘oversight categories’ that would affect my practice?
In the government’s consultation document, it is proposed that the licensing scheme will have various oversight categories corresponding with the risk level of procedures.
The proposed categories are in a traffic light system that should help give clear guidance for different procedures:
Green – procedures with the lowest risk of complications
All practitioners eligible to perform licensed procedures where they meet agreed standards. Includes treatments such as micro needling, superficial chemical peels, non-ablative laser hair removal.
Amber – procedures with medium risk of complications
Non-healthcare professionals must be licensed and overseen by a nominated regulated and licensed healthcare professional. Includes treatments such as semi-permanent dermal fillers for the face, weight loss injections, botulinum toxin injections and vitamin injections.
Red – procedures with the highest risk of complications
Certain procedures are restricted to regulated healthcare professionals. Includes treatments such as hair restoration surgery, deeper chemical peels, procedures aimed at augmenting any part of the body and lasers which target the deeper layers of the dermis.
What will training courses providers/ what will I need to be accredited to offer such courses in the future?
If the courses are for the purposes of obtaining a license, and if the government sets a mandate for approved qualifications (in the form of a new ‘industry standard’), then the training organisation must comply with the requirements set by an Ofqual approved awarding body or those approval standards set by a UK University or by an approved Apprenticeship provider organisation.
What courses should practitioners be looking at taking now, in readiness for the new legislation?
We advise caution before taking any qualification which may or may not meet future DHSC mandated requirements.
How can I contribute to the non-surgical cosmetic procedures consultation?
You can contribute your responses here through the Government website. It is recommended to take time to read through the proposals and guide to the consultation before responding. The consultation will run for eight weeks and will close on Saturday 28 October.
BIG (Beauty Industry Organisation Group) was founded in July 2019 with the aim of collaboratively working together to raise the profile and status of the Beauty Sector, considering issues facing the sector and developing an action plan to tackle them. Chaired by FHT Vice-President, Caroline Larissey, the group works alongside the Beauty Aesthetic and Wellbeing APPG helping to raise the profile and the contribution the beauty, aesthetic and wellbeing sector make to the UK Economy.
The BIG Task and Finish Group for Licencing is one of three specific groups, focusing on a key area of policy that effects the Beauty Sector. This group is working towards common agreement for the detail of the proposed licencing scheme for aesthetic non-surgical cosmetic procedures, tabled within the Health Care Bill amendment and scope of reach to implement such a scheme.
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