The APPG Report: what kind of changes can we expect to see in the regulation of aesthetic non-surgical cosmetic treatments? 

The All-Party Parliamentary Group on Beauty, Aesthetics and Wellbeing (APPG) is a cross-party group established in May 2019 to champion the aesthetic industry in Parliament.  It has recently published  its comprehensive report following a year-long inquiry into the standards for non-surgical cosmetic treatments. The APPG’s report sheds  light on the absence of legal framework in this area.

The APPG identifies “a need for the beauty industry and the medical professions to work together to seek solutions that raise standards and protect the safety and wellbeing of consumers”.  This article will outline some of the APPG’s key recommendations which are likely to have a significant impact on all parts of the industry.

A national minimum standard

The report criticises the current lack of regulation defining who can carry out these treatments. At present, procedures can be carried out by virtually anyone and there is no legal obligation for the provider to be insured. The APPG has proposed that both aesthetics practitioners and medical practitioners must be able to prove their competence by passing a minimum standard of training before administering treatments. The report considers how CPD could be used as a mechanism of ensuring this minimum standard continues to be met by practitioners.

Mandatory regulated qualifications

In response to the rising popularity of self-accredited courses, the report calls for stricter qualification rules to be put in place. There is strong support from the likes of the British College of Aesthetic Medicine that high-risk procedures, such as dermal fillers, should be restricted to being carried out by medical practitioners. The APPG recommends reclassifying dermal fillers as Prescription Only Medicines. This change in regulation would likely result in a higher proportion of doctors carrying these treatments out in the future, if non-medically qualified aesthetic practitioners are unable  to continue offering them.

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New ‘Speaking up’ guidance for GOC registrants

On 28 October 2021, the General Optical Council (GOC) launched new ‘Speaking up’ guidance, previously known as ‘Raising concerns with the GOC (whistleblowing) policy.’ The guidance is aimed at helping both individual and business registrants identify where they need to consider the professional requirement to speak up when a patient or public safety may be at risk. It should be read alongside the GOC Standards for Optometrists and Dispensing Opticians, Optical Businesses and Optical Students. It should also be considered in conjunction with the GOC’s professional duty of candour. The guidance is split into two parts, with Part 1 applying to individuals and Part 2 to business registrants.

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Care rates continue to increase, but by how much?

On 26 October 2021 the Office for National Statistics released the latest data from the Annual Survey of Hours and Earnings (ASHE). These are provisional figures based on estimates of income from a 1% sample of workers’ HMRC records for the tax year ending 5 April 2021, and they will be revised and updated in due course as the data is finalised. The provisional data provides a steer on how the earnings across all industries are changing. Those dealing with catastrophic injury claims will be particularly interested in the data relating to care workers as the rates are directly applicable to the recalculation of existing periodical payment orders.

The latest data shows an average increase in care rates across the 60th-90th percentile of 2.6%. Practitioners will be aware that the hourly rates actually compensated within a catastrophic injury claim are typically significantly higher than those quoted in ASHE, given that ASHE covers all care workers (most of whom are state funded) whereas a catastrophic injury claim is typically compensated on the basis of a private care package which can be twice the hourly rates quoted within ASHE. That being said, the rates might offer an indication of trends in care costs generally.

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The Assisted Dying Bill: the potential regulatory implications for health professionals

On Friday 22 October, Baroness Meacher’s Assisted Dying Bill progressed to the Committee Stage after being debated in the House of Lords. If enacted, it will undoubtedly be a seminal moment in healthcare law. It would permit medical professionals to lawfully prescribe end of life medication to terminally-ill adult patients of mental capacity who are reasonably expected to die within six months (and voluntarily making such a request), essentially legalising physician-assisted suicide. Although the majority of speakers were in favour of the bill, Hansard reveals how many members hold great concern for the safeguarding of vulnerable individuals and for the impact the bill may have on the public’s trust in doctors. It is therefore entirely understandable why this issue is prompting such widespread debate.

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Gardner v Secretary of State for Health and Social Care – Judicial Review Further Update

The public challenge brought by claimants Dr Cathy Gardner and Fay Harris in respect of the government’s COVID-19 hospital discharge policy reconvened on Friday, 22 October. The days’ submissions followed from the adjourned hearing on Tuesday, 19 October, reported here. This blog will explore the key issues addressed at the hearing, and consider the way forward for the claimants’ case.

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What is the UK’s legal position on compulsory vaccination?

It has been confirmed that the COVID-19 vaccination will become compulsory for staff that care for the elderly and vulnerable. In enforcing such a requirement, organisations are likely to face a number of issues and potential pitfalls, and it is important therefore to explore the key steps if you are considering introducing compulsory vaccination for staff or those deployed in the organisation.

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Mandatory vaccinations and medical exemptions of care home workers – government u-turn or a temporary reprieve?

It has recently been reported that care home workers are able to opt-out of the mandatory COVID-19 vaccination requirement by self-certifying that they are medically exempt.

Thursday 16 September 2021 was meant to be the deadline for all carers to have received their first COVID-19 vaccination. This mandatory vaccine requirement for all care home staff has been a source of constant debate since it was announced, with growing concerns that a significant number of care homes may be forced to close and thousands of staff from an already depleted workforce risked losing their jobs if they declined to have the vaccine. The government has been lobbied by both providers and unions that care home workers had been “singled out” and the very real possibility of the doomsday scenario of a mass exodus of care home staff in England, so it perhaps does not come as a great surprise that Whitehall has taken some evasive action (perhaps with an indication as to how many staff had refused the vaccine). However, how effective will this self-certification opt out process be and is it only a temporary fix to what has become a polarising political issue.

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Could restricted access to dental care lead to claims?

A recent article in The Telegraph has highlighted the impact that the COVID-19 pandemic has had on the dental health of children.

NHS figures reveal that the number of children having dental check-ups fell by 50 per cent during the first year of the pandemic. In total, the number of under 15s who saw a dentist fell from 5.8 million to 2.9 million.

It is, however, the youngest age groups which have been impacted the most. Whilst there were 1.2 million dentists’ appointments for under 5s in 2019, only 468,000 appointments were arranged for 2020, a 60% fall. The article suggests that only 1 in 7 children under the age of 5 saw a dentist in 2020 compared to 1 in 3 during 2019.

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Bringing people closer to their data

This is the second article in our Data Series on BLM’s Health and Care Blog, examining the Department of Health and Social Care policy paper: “Data saves lives: reshaping health and social care with data” which sets out the Government’s vision of the part that data will play in the digital transformation of the NHS.

In this article we consider the Government’s stated vision to “deliver truly patient-centred care, which puts people before systems, so people will have better access to their personal health and care data and understand exactly how it is used.”

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