The Non-Surgical Procedures and Functions of Medical Reviewers Bill has been introduced to the Scottish Parliament.
According to the Scottish Parliament, the Bill was introduced to ensure that non-surgical procedures are safe, hygienic and properly regulated. It was also created on the basis that such procedures could cause physical or psychological harm to children and young people.
Part 1 of the Bill would make it illegal to provide certain treatments to anyone under the age of 18. The legislation targets procedures that pierce or penetrate the skin, are not part of the health service, are not provided by healthcare providers (HCP) or by regulated healthcare professionals to treat illness, and are not covered by a licensing scheme under the Civic Government (Scotland) Act 1982. That Act gives local authorities the power to licence and regulate a wide range of public activities. HCP includes those registered with the General Medical Council (GMC), General Dental Council (GDC), General Optical Council (GOC), General Osteopathic Council (GOsC), General Chiropractic Council (GCC), General Pharmaceutical Council (GPhC), Nursing and Midwifery Council (NMC) or Health and Care Professions Council (HCPC).
The Bill makes it an offence for a person to provide a non-surgical procedure to another person out with permitted premises – including any premises of an independent hospital or clinic that is registered with Healthcare Improvement Scotland (HIS). The Bill also grants HIS additional appropriate enforcement and inspection powers to regulate non-surgical procedures as well as grant enforcement powers to authorised persons.
Where offences are committed by organisations, the Bill makes it possible to hold responsible individuals within those organisations personally accountable, if consent, connivance, or neglect played a role in the offence.
Procedures undertaken for, or on behalf of, the NHS or by another healthcare professional for the prevention, diagnosis or treatment of an illness are excluded from the Bill.
The Bill also gives the Scottish Government the power to introduce further restrictions and requirements for these types of procedures in the future. This could include specifying who may provide them, the training or qualifications required, and how the regulations are enforced.
Independent nurse prescriber Jackie Partridge, commented, “I am delighted that we’re taking another step towards keeping the public safe. The proposals that have been published today indicate that Scottish Government have listened to our concerns and we very much welcome HIS having additional appropriate enforcement and inspection powers. The proposals still need to go through parliament but the foundations have now been set.”
Clare Haughey, Convener of the Health, Social Care and Sport Committee, said: “Our Committee is aware that the use and administering of non-surgical procedures for cosmetic purposes has grown hugely in popularity over the last few years. But we are also aware of concerns that there may be risks when those providing treatments aren’t suitably trained to do so. This Bill proposes to strengthen the regulation of who can receive and administer these treatments, and where these can be carried out. We are also keen to gather the views of health professionals and organisations on whether they support the proposals in the Bill. So please get in touch.”