New legislation to regulate cosmetic medical treatments: considerations for business and insurers

Scotland continues to look to tighten regulation of the cosmetic treatment sector in response to growing concerns about patient safety and the burden on the NHS when complications arise.

Our recent blog considered the Scottish Government’s position on this issue in their Consultation Response and Programme of Government.

Following the introduction of the Non-surgical Procedures and Functions of Medical Reviewers (Scotland) Bill to the Scottish Parliament, this blog provides an update on key developments for businesses and insurers.

What Treatments does the Bill Cover?

The Bill covers non-surgical procedures that pierce or penetrate the skin and is one of the following types of treatment:

• Ablative laser treatment
• Cellulite subcision
• Chemical peels
• Dermal microcoring
• Microneedling (at a depth of 1.5mm or more)
• Thread lifts
• Intravenous (IV) procedures
• Injections, but excluding tattoos

More detail on how those procedures may be defined can be found in the Bill’s explanatory notes. Amendments to this list could be made as the Bill progresses through Parliament. If the Bill becomes law, Scottish Ministers could still make changes through subsequent regulations.

However, the Bill will not impact treatments which are:

• provided by the NHS
• provided by another regulated healthcare provider to prevent, diagnose or treat an illness
• subject to another licensing regime – for example, those issued by local authorities

Further Regulation in Future: Categories of Treatments

The Bill gives Scottish Ministers the power to make further regulations of non-surgical procedures, including to create different regulatory classifications. Subsequent regulations are likely to correspond with categories of treatments, each with different regulatory requirements. See our last blog for more detail on this.

Business Impact

There are three key changes to consider:

• Qualified Oversight: Regulated treatments must be provided on licenced premises managed by regulated healthcare professionals: for example, doctors, dentists, nurses, and pharmacists. This aims to ensure the access to a professional who can manage complications.
• Age Restrictions: Those under 18 are prohibited from receiving the treatments covered by the Bill. Practitioners will commit an offence by providing these treatments to someone under 18, unless they have proper age-checks in place.
• Enforcement and Sanctions: Healthcare Improvement Scotland (HIS) gains new inspection powers. Any infringements could result in fines up to £5,000.

Independent practitioners may face increased costs for registration and compliance, potentially influencing demand for indemnity products. The Scottish Parliament’s report on the Bill provides this estimate of costs:

Why This Matters for Insurers

• Risk Mitigation: Stronger regulation aims to reduce adverse outcomes, which could lower claims related to complications from cosmetic procedures.
• Professional Liability: Policy wording may need amended to ensure coverage aligns with new compliance requirements, particularly around premises and supervision by regulated healthcare staff.

Ongoing Developments

The Bill is currently at Stage 1 in the Scottish Parliament. Therefore, significant amendments could be made throughout the scrutiny of the Health, Social Care and Sport Committee in Stage 2 and full parliamentary debate in Stage 3.

Insurers and businesses should follow these developments closely to anticipate changes in risk profiles and adapt underwriting strategies accordingly. Keep a close eye on our blogs for more updates. If you wish to discuss an issue which might arise from this legislation, please get in touch.