Jennifer Wallace

Throughout my experience representing clients, it became increasingly evident that there was a critical need for robust regulation and mandatory insurance within the non-surgical cosmetic treatment industry. Each case reinforced the necessity of establishing stronger safeguards to protect individuals seeking these treatments.

I was therefore delighted to be involved in the Scottish government’s consultation process on non-surgical procedures back in 2020. It’s been a long journey but five years later and the introduction of the Scottish government’s Non-Surgical Procedures and Functions of Medical Reviewers (Scotland) Bill stands out as both significant and revolutionary by comparison to other jurisdictions.

The bill represents a vital milestone towards addressing these concerns by setting clear regulatory standards and requiring proper insurance, ultimately promoting greater safety and accountability across the sector.

So what are the key changes introduced by the Non-Surgical Procedures and Functions of Medical Reviewers (Scotland) Bill?

One of the principal changes is the implementation of compulsory insurance for practitioners providing non-surgical cosmetic treatments. There is a common misconception among members of the public that practitioners are insured should complications arise during procedures. In reality, this is not guaranteed, and the absence of insurance can have serious ramifications. When clients suffer life-changing injuries from cosmetic treatments and discover that their practitioner does not hold appropriate insurance, they can be left unable to pursue justice or receive compensation for the harm endured.

Another significant change relates to age restrictions.

Social media has inevitably affected the increase in popularity in aesthetic treatments, particularly amongst the Gen Z population, born between 1997 and 2012. It is therefore a welcome addition in the bill that age restrictions of 18 and over are being proposed to certain non-surgical treatments to protect the younger generation.

The bill establishes a three-tier risk framework, categorising treatments into three distinct groups based on assessed levels of risk and invasiveness. Group 1 will involve low-risk treatments performed by a trained and licensed non-medical practitioner and may include treatments such as laser hair/tattoo removal, superficial chemical peels and microneedling.

Group 2 represents medium-risk treatments such as Botox and fillers, those likely to be more invasive than treatments in Group 1.

Group 2 treatments will be carried out by Healthcare Improvement Scotland (HIS) regulated premises under the supervision of suitably trained healthcare practitioners.

Lastly, Group 3 includes the higher-risk treatments which is likely to include treatments such as PRP (Platelet-Rich Plasma), thread face lifts and augmentative fillers such as ‘Brazilian Bum Lifts.’ These higher risk treatments will be performed exclusively by qualified healthcare professionals in HIS-regulated premises.

The bill is expected to be approved and in force by May 2026. It marks a major development in consumer protection in the cosmetic industry and is an innovative step forward in Scotland. It reflects a commitment to ensuring that those undergoing treatments in Scotland can do so with greater confidence and security.

Jennifer Wallace is a partner at Thompsons Scotland LLP. This article first appeared in The Scotsman.