Onsite Supervision, Prescriber Attendance and Implementation of the Non-surgical Procedures and Functions of Medical Reviewers (Scotland) Act 2026: FOI release

Information requested

Recorded information held from 1 January 2023 to the date of this request concerning onsite supervision, prescriber attendance and the proposed implementation of the Non-surgical Procedures and Functions of Medical Reviewers (Scotland) Act 2026. The exact details of this request are outlined below, within our response. Please note, I re-numbered your requests for clarity in this response.

Much of the information you have requested is already publicly available. Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you, although the below responses direct you to where this may be found. If, however, you do not have internet access to obtain this information from the websites listed, then please contact me again and I will send you a paper copy.

Response

1. Any correspondence, meeting records, minutes, briefing papers, policy papers, presentations or internal discussions between the Scottish Government and Healthcare Improvement Scotland concerning:

• a. onsite prescriber attendance;
• b. onsite healthcare professional attendance;
• c. clinical supervision of independent practitioners;
• d. remote supervision;
• e. Group 2 procedures;
• f. Group 3 procedures;
• g. registration of premises involving independent or non-healthcare practitioners.

The majority of the Scottish Government’s engagement with Healthcare Improvement Scotland (HIS) on the topics you set out, has been through their representation on the Scottish Cosmetic Interventions Expert Group (SCIEG). All minutes of the meetings of that group can be found at: Scottish Cosmetic Interventions Expert Group - gov.scot.

HIS also responded to the public consultation on the Non-surgical Procedures and Functions of Medical Reviewers (Scotland) Bill, and a copy of their response can be found at: Consultationresponse-Regulation-of-non-surgical-cosmetic-procedures.pdf.

Furthermore, consideration was also given to the oral and written evidence provided by HIS during Stage 1 of the Parliamentary process. A copy of their written response and the official report of their oral evidence session can be obtained from the Scottish Parliament website.

See Annex A for further documents relating to this query.

2. Any recorded instructions, advice, policy expectations or implementation guidance provided to Healthcare Improvement Scotland concerning whether a prescriber or healthcare professional should be physically present onsite.

As above, the majority of the Scottish Government’s engagement with Healthcare Improvement Scotland (HIS), has been through the Scottish Cosmetic Interventions Expert Group (SCIEG). Minutes of the meetings of that group can be found at: Scottish Cosmetic Interventions Expert Group - gov.scot.

Please see document 2 of Annex A, which relates to this query.

3. Any recorded information explaining whether the Scottish Government’s present or intended position is that a prescriber or healthcare professional must be onsite:

• a. whenever regulated premises are open;
• b. only while specified non-surgical cosmetic procedures are being performed;
• c. during Group 2 procedures;
• d. during Group 3 procedures;
• e. during lower-risk beauty treatments;
• f. during consultations, reviews or aftercare;
• g. when no procedure requiring prescribing or clinical supervision is being performed.

See Annex B for documents relating to this query.

4. Any evidence, literature reviews, clinical advice, risk assessments, briefing papers or policy analyses relied upon when deciding that physical onsite supervision is necessary.

Supervision requirements were considered as part of the consultation on the regulation and licensing of non-surgical cosmetic procedures. The consultation analysis and response can be found at: Non-Surgical Cosmetic Procedures Consultation Analysis and Scottish Government Response.

Careful consideration was also given to the written and oral evidence provided by a range of stakeholders during Stage 1 of the Parliamentary process, the official reports for which can be found on the Scottish Parliament website at: Non-surgical Procedures and Functions of Medical Reviewers (Scotland) Bill | Scottish Parliament Website.

Furthermore, clinical advice around physical onsite supervision was sought through the Scottish Cosmetic Interventions Expert Group (SCIEG). Minutes of the meetings of that group can be found at: Scottish Cosmetic Interventions Expert Group - gov.scot.

See Annex C for further documents relating to this query.

5. Any recorded comparison of the following supervision models:

• a. continuous onsite supervision;
• b. onsite attendance only during specified procedures;
• c. remote supervision;
• d. telephone or video availability;
• e. emergency clinical support arrangements;
• f. referral or complication-management agreements.

Information relating to our consideration of some of the models of supervision listed above is included in the Business and Regulatory Impact Assessment, which can be found at: Non-Surgical Procedures - Business and Regulatory Impact Assessment.

6. Any recorded evidence showing that continuous onsite attendance produces better safety outcomes than other supervision arrangements.

While our aim is to provide information whenever possible, in this instance the Scottish Government does not have the information you have requested.

7. Any recorded assessment of the availability and workforce capacity of prescribers or other healthcare professionals who may be required to supervise Group 2 or Group 3 procedures.

While our aim is to provide information whenever possible, in this instance the Scottish Government does not have the information you have requested.

8. Any recorded assessment of the cost of onsite prescriber or healthcare professional attendance, including the likely annual cost to:

• a. sole traders;
• b. micro-businesses;
• c. independent aesthetic clinics;
• d. rural or island businesses;
• e. businesses operated by persons who are not statutorily regulated healthcare professionals.

Information relating to our consideration of the impact of the regulation and licensing of non-surgical procedures in Scotland on the types of businesses listed above is included in the Business and Regulatory Impact Assessment, which can be found at: Non-Surgical Procedures - Business and Regulatory Impact Assessment.

9. Any recorded assessment of whether onsite attendance requirements may:

• a. prevent independent practitioners from obtaining registration;
• b. make registration financially unviable;
• c. reduce the number of treatment providers;
• d. increase prices for consumers;
• e. reduce access in rural or island communities;
• f. result in business closure or loss of employment;
• g. move treatment into unregistered or informal settings.

Information relating to our consideration of the impact of the regulation and licensing of non-surgical procedures in Scotland on the types of businesses listed above is included in the Business and Regulatory Impact Assessment, which can be found at: Non-Surgical Procedures - Business and Regulatory Impact Assessment.

10. Any recorded consideration of what registered services would be expected to do when an onsite prescriber or healthcare professional is unavailable because of:

• a. sickness;
• b. annual leave;
• c. emergency absence;
• d. maternity or family leave;
• e. workforce shortages.

While our aim is to provide information whenever possible, in this instance the Scottish Government does not have the information you have requested.

11. Any Equality Impact Assessment, Fairer Scotland Duty Assessment, Island Communities Impact Assessment, Business and Regulatory Impact Assessment, Consumer Duty assessment, competition assessment or other analysis specifically addressing onsite supervision or prescriber attendance.

A number of impact assessments were carried out in relation to the regulation and licensing of nonsurgical procedures in Scotland, where you can see the analysis undertaken. These are already published online and can be found at:

Non-Surgical Procedures - Business and Regulatory Impact Assessment
Child Rights and Wellbeing Impact Assessment Template - Regulation of non-surgical procedures: child rights and wellbeing impact assessment - gov.scot
Regulation of non-surgical procedures: equality and Fairer Scotland Duty impact assessment - gov.scot
Regulation of non-surgical procedures: island communities impact assessment consideration - gov.scot

12. Any recorded discussion concerning whether onsite supervision requirements may have a disproportionate effect on women-led businesses, sole traders or independent practitioners.

Whilst there are no specific recorded discussions on the subject, general information relating to our
consideration of the impact of the regulation and licensing of non-surgical procedures in Scotland on women-led businesses, sole traders and independent practitioners is included in the Equality and Fairer Scotland Duty Impact Assessment, which can be found at: Regulation of non-surgical procedures: equality and Fairer Scotland Duty impact assessment - gov.scot.

13. Any recorded consideration of less restrictive alternatives to continuous onsite attendance, including competence-based qualification routes, procedure-specific supervision, emergency support arrangements or remote clinical oversight.

The Policy Memorandum which accompanied the Non-surgical Procedures and Functions of Medical Reviewers (Scotland) Bill includes a section entitled ‘alternative approaches’, which outlines other approaches considered. This can be found at: Policy Memorandum accessible.

14. Any recorded information concerning whether Healthcare Improvement Scotland is expected or permitted to take anticipated requirements under the 2026 Act into account before the relevant provisions and regulations have commenced.

Whilst we do not hold any documents that respond to this query, in general terms, statutory requirements that have not been commenced would not be treated as if they are already legally binding, although HIS may take anticipated requirements into account in terms of their planning and preparing for commencement.

15. Any draft regulations, draft guidance, policy proposals, implementation plans or consultation documents concerning supervision, prescriber attendance or healthcare professional attendance under the 2026 Act.

The annexes released provide policy proposals during the Bill process relating to this query. These requirements were considered as part of the consultation on the regulation and licensing of non-surgical cosmetic procedures. The consultation analysis and response can be found at: Non-Surgical Cosmetic Procedures Consultation Analysis and Scottish Government Response.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at https://www.gov.scot/foi-responses.

FOI 202600526006 - Information Released - Annex A, Annex B & Annex C

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