We previously explored the Scottish Government’s consultation on the regulation and licensing of non-surgical cosmetic procedures (NSCPs) (see our blog post here). That consultation, which ran from December 2024 to February 2025, sought the views of stakeholders and the public on how best to regulate a growing sector where invasive treatments - such as dermal fillers and botox - are often delivered outside of clinical environments, by non-clinically trained individuals. We previously explored the Scottish Government’s consultation on the regulation and licensing of non-surgical cosmetic procedures (NSCPs) (see our blog post here). That consultation, which ran from December 2024 to February 2025, sought the views of stakeholders and the public on how best to regulate a growing sector where invasive treatments - such as dermal fillers and Botox - are often delivered outside of clinical environments, by non-clinically trained individuals.
The consultation has now concluded, and the Scottish Government has published its Consultation Analysis and Response (June 2025). The 2025/26 Programme for Government confirms that a Non-Surgical Cosmetic Procedures Bill will be introduced during the current parliamentary session, with the Bill expected to reach Parliament before May 2026.
The Scottish Government has stated that the Bill is intended to “regulate the delivery of certain non-surgical procedures offered for cosmetic or lifestyle purposes to support the safety of those who undergo the procedure”.
What has been confirmed?
The Government’s response sets out a proposed framework for the forthcoming Bill (which is subject to change, depending on the outcome of additional “impact assessments” which the Government is currently carrying out with certain affected groups (e.g., businesses and young people)).
- Three-Tier Risk Regime: NSCPs will most likely be categorised into three distinct ‘Groups’, separated by level of risk and level of invasiveness:
- Group 1 procedures should be those “where the risks can be appropriately mitigated through the imposition of hygiene and training standards and by requiring the use of appropriate materials, which the Scottish Government believes can be achieved through a licensing scheme”. These procedures should be carried out in a licensed premises by a licensed practitioner (unless they are being performed in a by Health Improvement Scotland (“HIS”) regulated, or other clinical, setting). Local authorities will be responsible for granting premises and practitioner licences, inspecting premises, and ensuring compliance with standards for hygiene, equipment, training, and insurance.
- Group 2 procedures should include those “where the risks cannot be adequately mitigated in a licensed setting, but where it cannot be justified that they are restricted to healthcare professionals only “. These would be restricted to a clinic or other HIS regulated setting. These procedures should only be performed by, or under the supervision of a healthcare professional (e.g., a doctor, dental practitioner, registered prescribing nurse, or registered prescribing pharmacist).
- Group 3 procedures should be those where the risks of the procedure and the medical knowledge necessary to perform them correctly means they can only be performed by an appropriately qualified healthcare professional (e.g., where the procedure itself is complex and there is a need for healthcare informed input and immediate decision making during the procedure).
For further context, examples of some of the procedures which the Government proposes to include in each group are provided below.
| Group 1 | Group 2 | Group 3 |
| Laser hair and tattoo removal | Toxins such as botulinum toxin (Botox®) | Microneedling where the needles used penetrate the skin to a depth greater than 1.5mm |
| Laser hair and tattoo removal | Any prescription only medicine, including hay fever injections | Ablative laser treatment |
| Laser treatments for acne scarring, sun damage and treatment of skin lesions, (but only non-ablative treatments) | Dermal fillers (as far as they are injected for the purpose of smoothing or providing limited increased volume e.g. to the face or neck, not where they are used for body augmentation or procedures on the genitals or anus) | Dermal fillers to reshape or augment any part of the body, including any procedure where over 2ml of injectable substance is used in one site at one time e.g. Brazilian butt lifts, liquid breast augmentation etc. |
| Cryotherapy | Vitamin solutions | Any introduction of substances (e.g. vitamin infusions) by IV |
- Age restrictions: It has been provisionally proposed that all NSCPs will be restricted to individuals aged 18 and over. However, a ‘Child Rights and Wellbeing Impact Assessment’ is still in progress and the Scottish Government is “seeking young people’s views specifically to ensure they are adequately considered in the final decision on age restrictions”. It is, therefore, possible that the currently proposed single age limit will be changed (perhaps to a graduated set of age restrictions, which would depend on the nature or grouping of the procedure, which is something that had been considered previously).
- Insurance: As could reasonably have been expected, it appears that insurance will be mandatory for practitioners offering NSCPs.
Legal and compliance implications
For businesses and practitioners, the proposed Bill raises several key legal considerations:
- Licensing requirements: Providers of all NSCPs should assess which group their services fall into and prepare for licensing/ regulatory requirements being introduced. This may require investment in premises and/or staff, to improve hygiene and training standards.
- Employment and contracting: Businesses employing or contracting non-clinically trained practitioners should be aware that, in the not-so-distant future, any such practitioner who performs ‘Group 2’ procedures will likely only be able to do so in a HIS regulated, or other clinical, setting, under the supervision of a healthcare professional. Business and/or staffing models may require to be updated accordingly.
- Insurance: Mandatory insurance provisions would introduce new obligations on all businesses and practitioners offering NSCPs. Existing policies should be reviewed to ensure adequate coverage.
What this means for insurers
The Bill also has implications for insurers:
- Mandatory insurance: Statutory insurance requirements will likely increase demand for specialist aesthetics policies.
- Risk assessment: The three-tier system enables clearer risk categorisation, which should aid policy pricing and underwriting.
- Claims exposure: The imminent introduction of a formal regulatory framework may lead to greater scrutiny of current claims (and those made in the near future), especially those arising from unlicensed or unsupervised treatments. Considering how supervision and training standards affect indemnity (in respect of any current and future policies) will likely become more relevant if the Bill is introduced as proposed.
Looking Ahead
We will continue to closely track the Bill’s progress and provide regular updates. In the meantime, if you would like to discuss any of the topics raised in this blog, please contact our Insurance team or your usual Brodies contact.
