Regulation of non-surgical procedures: equality and Fairer Scotland Duty impact assessment

Recommendations and Conclusion

The overriding purpose of our proposals is to make non-surgical procedures safer for consumers. The establishment of a regime of licensing and regulation will allow the provision of these procedures to be subject to standards of safety and hygiene, and ensure they are performed in appropriate settings by people who are adequately trained and qualified, particularly where the nature of certain procedures and the risks they carry require a level of anatomical and physiological knowledge that means they should be supervised or performed by a healthcare professional.

While we are aware of the impact this will have on children and young people, women in business, and clients including women and trans and non-binary people, the need to promote public safety in an industry where serious long-term harm is possible is vital. It is important that standards and practice are consistent to allow fair regulation and to give clients confidence in the procedures they are receiving. We have ensured that any procedures which are required for a healthcare purpose are not included in the proposals, so they will still be able to take place as required, by relevant healthcare professionals. We are also engaging with business gateway support services to investigate ways of supporting businesses in the transition to compliance with the proposed regulation.

The regulation of independent healthcare and engagement with HIS will remain an active policy area within the Healthcare Quality and Improvement Division of Scottish Government. This will enable the policy to be monitored and evaluated. The Scottish Government will work with HIS to analyse new registrations and instances where HIS have inspected registered providers or non-surgical procedures and premises which are offering non-surgical procedures outwith permitted premises.

Further monitoring and evaluation of the impact on business will be discussed with business gateway support contacts.