FOI/202600533004 · FOI · not held
Recorded information concerning client choice, enforcement and financial penalties under the proposed regulatory arrangements for non-surgical cosmetic procedures: FOI release
Information requested
Please provide recorded information concerning client choice, enforcement and financial penalties under the proposed regulatory arrangements for non-surgical cosmetic procedures.
For this request, “healthcare professional” means a doctor, dentist, nurse, midwife, pharmacist or other regulated healthcare professional where relevant to the proposed arrangements.
Client choice and cosmetic treatment
1. Any assessment of the effect of requiring specified non-surgical cosmetic procedures undertaken for aesthetic or cosmetic purposes to be provided from Healthcare Improvement Scotland-regulated settings upon:
a. client choice; b. continuity with an existing practitioner; c. treatment availability; d. geographical accessibility; e. treatment costs; and f. the ability of clients to choose between healthcare professionals and other appropriately trained practitioners.
2. Any recorded policy analysis concerning the distinction between:
a. procedures undertaken to diagnose, prevent or treat disease, illness or injury; and b. elective non-surgical procedures undertaken principally for cosmetic or aesthetic purposes,
when determining which procedures should be required to take place within an HIS-regulated healthcare setting.
3. Any assessment of why regulation through an HIS-regulated healthcare setting is considered necessary and proportionate for procedures undertaken solely or principally for cosmetic purposes.
Enforcement and financial penalties
4. Please identify each proposed offence, civil sanction or financial penalty, including any maximum penalty of £20,000, that may apply to persons providing, arranging, managing or facilitating non-surgical cosmetic procedures under the proposed arrangements.
5. For each offence, sanction or financial penalty identified at question 4, please state whether it may apply to:
a. an independent non-healthcare aesthetics practitioner; b. a doctor; c. a dentist; d. a nurse or midwife; e. a pharmacist; f. another healthcare professional; g. a registered provider; h. a registered manager; i. a company or other corporate provider; and j. a director or other person controlling such an organisation.
6. Any recorded legal or policy analysis concerning whether healthcare professionals and non-healthcare practitioners committing the same or materially equivalent breach will be subject to equivalent statutory enforcement and financial penalties.
7. Where a healthcare professional and a non-healthcare practitioner would be subject to different statutory penalties for the same or materially equivalent conduct, please provide the recorded justification, legal advice or policy assessment supporting that difference.
8. Any equality, proportionality, human-rights, competition or regulatory assessment concerning differences in enforcement or financial penalties between healthcare professionals and non-healthcare practitioners.
Evidence concerning unsafe or improper practice
9. Any evidence, data, analysis or assessment relied upon when developing the proposed enforcement regime concerning complications, injuries, adverse events, unsafe practice, unlawful practice, professional misconduct or other relevant wrongdoing involving non-surgical cosmetic procedures performed by:
a. doctors; b. dentists; c. nurses or midwives; d. pharmacists; e. other healthcare professionals; and f. non-healthcare practitioners.
10. Any comparative assessment of the frequency or nature of such incidents according to the professional or regulatory status of the practitioner.
11. Any assessment concluding that healthcare professionals present a lower risk of unsafe practice, misconduct, complications or adverse outcomes when providing the procedures concerned, together with the evidence upon which that conclusion was based.
12. If no comparative evidence or assessment of adverse incidents involving healthcare professionals and non-healthcare practitioners was undertaken or is held, please state this separately.
Rationale for differential regulation
13. Any recorded assessment of whether imposing materially different regulatory requirements or penalties upon practitioners performing the same or similar cosmetic procedure is justified by evidence of differences in actual safety outcomes or adverse incidents.
14. Any recorded consideration of whether the proposed enforcement arrangements should primarily address the risk associated with the procedure being performed, rather than the professional title or healthcare-registration status of the person performing it.
Where information is already publicly available, please provide the precise document or webpage containing the requested information.
Where no recorded information is held for any numbered part, please state this separately.
Response
Question 1
Information relating to our consideration of the potential effects of requiring specified non-surgical cosmetic procedures to be provided from Healthcare Improvement Scotland-regulated settings is included in the following published documents:
• https://www.gov.scot/publications/regulation-licensing-non-surgical-cosmetic-procedures-consultation-analysis-response/ • https://www.gov.scot/publications/business-regulatory-impact-assessment-licensing-further-regulation-non-surgical-procedures/ • Regulation of Non-Surgical Procedures: Equality and Fairer Scotland Duty Impact Assessment • Regulation of Non-Surgical Procedures: Island Communities Impact Assessment Consideration • Non-Surgical Procedures and Functions of Medical Reviewers (Scotland) Bill: Policy Memorandum
Relevant information has also previously been released in:
• FOI/202600522985: Evidence for medical premises, including Annexes A to E • FOI/202600526006: Onsite supervision, prescriber attendance and implementation, including Annexes A to C • FOI/202600529266: Healthcare Improvement Scotland regulations in relation to non-surgical aesthetic procedures
This published information includes consideration of client choice, treatment and provider availability, rural and island accessibility, treatment affordability and costs, and the continued involvement of appropriately trained non-healthcare practitioners.
Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. If, however, you do not have internet access to obtain this information from the websites listed, then please contact us and we will send you a paper copy.
The Scottish Government does not hold a recorded assessment specifically concerning the effect of the proposed arrangements on continuity between a client and their existing practitioner. This is formal notice under section 17(1) of FOISA that the information requested at question 1(b) is not held.
Question 2
The Scottish Government does not have the information you have asked for because no recorded policy analysis was identified demonstrating that the distinction between procedures undertaken to diagnose, prevent or treat disease, illness or injury and elective non-surgical procedures undertaken principally for cosmetic or aesthetic purposes formed part of the decision about which procedures should be required to take place within a Healthcare Improvement Scotland-regulated healthcare setting.
As such, I hereby provide you with formal notice under section 17(1) of FOISA that the Scottish Government does not have the information requested at Question 2.
Question 3
Information relating to the assessment of why regulation through a Healthcare Improvement Scotland-regulated healthcare setting was considered necessary and proportionate for specified procedures undertaken solely or principally for cosmetic purposes is included in the following published documents:
• Non-Surgical Procedures: Business and Regulatory Impact Assessment • Non-Surgical Procedures and Functions of Medical Reviewers (Scotland) Bill: Policy Memorandum • Regulation and Licensing of Non-Surgical Cosmetic Procedures: Consultation Analysis and Scottish Government Response
Relevant information has also previously been released in:
• FOI/202600511564: Non-Surgical Procedures and Functions of Medical Reviewers (Scotland) Bill information • FOI/202600522985: Evidence for medical premises • FOI/202600525751: Information relating to evidence of harm associated with a range of non-surgical cosmetic procedures
This published information includes consideration of the risks associated with the relevant procedures, alternative regulatory approaches, the need for healthcare-professional involvement and the proportionality of requiring specified procedures to take place in HIS-regulated settings.
Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. 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.
Question 4
The Non-surgical Procedures and Functions of Medical Reviewers (Scotland) Act 2026 creates offences of:
• providing a non-surgical procedure to a person under the age of 18; • providing a non-surgical procedure outwith permitted premises; and • intentionally preventing or obstructing an authorised person, or contravening section 7(7) without reasonable excuse.
A person who commits any of these offences is liable:
• on summary conviction, to a fine not exceeding £20,000; or • on conviction on indictment, to a fine.
Section 5 also enables future regulations to create offences connected with contravention of a restriction, or failure to comply with a requirement, imposed by those regulations. The maximum penalty that may be provided for is a fine not exceeding £20,000 on summary conviction or a fine on conviction on indictment.
Section 14 enables future regulations establishing an individual assessment process to create an offence of making a false or misleading statement in connection with an application. The maximum penalty that may be provided for is, on summary conviction, a fine not exceeding level 5 on the standard scale.
Where an offence under section 2, 3 or 11 is committed by a relevant organisation, a responsible individual may also commit the offence in the circumstances set out in section 13.
The Act does not create a separate civil sanction or an offence expressly described as arranging, managing or facilitating a non-surgical procedure.
This information is available in sections 2, 3, 5 and 11 to 14 of the Non-surgical Procedures and Functions of Medical Reviewers (Scotland) Act 2026.
Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. If, however, you do not have internet access to obtain this information from the website listed, then please contact us and we will send you a paper copy.
Question 5
Sections 2, 3 and 11 of the Non-surgical Procedures and Functions of Medical Reviewers (Scotland) Act 2026 provide that the relevant offences may be committed by a “person”. They do not restrict liability according to professional or regulatory status.
The offences may therefore apply to a person or organisation listed at Question 5(a) to (i) where that person or organisation commits the relevant offence.
Under section 13, a director or other responsible individual referred to at Question 5(j) may also commit an offence where a relevant organisation commits the offence and its commission involves their consent or connivance or is attributable to their neglect.
Holding a professional or organisational title does not, by itself, create liability. Any offence created by future regulations under sections 5 or 14, and the persons to whom it applies, will depend on the terms of those regulations.
Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. If, however, you do not have internet access to obtain this information from the website listed, then please contact us and we will send you a paper copy.
Question 6
The offences and associated penalties are set out in the Non-surgical Procedures and Functions of Medical Reviewers (Scotland) Act 2026. The Act does not prescribe different offences or financial penalties according to whether the person committing the offence is a healthcare professional or a non-healthcare practitioner.
Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. If, however, you do not have internet access to obtain this information from the website listed, then please contact us and we will send you a paper copy.
The Scottish Government does not have the information you have asked for because no separate recorded legal or policy analysis was identified concerning whether healthcare professionals and non-healthcare practitioners committing the same or materially equivalent breach would be subject to equivalent statutory enforcement and financial penalties.
As such, I hereby provide you with formal notice under section 17(1) of FOISA that the Scottish Government does not have that separate recorded analysis.
Question 7
The circumstances described in your question do not arise under the Non-surgical Procedures and Functions of Medical Reviewers (Scotland) Act 2026. The Act does not prescribe different financial penalties according to whether the offender is a healthcare professional or a non-healthcare practitioner.
Healthcare professionals may separately be subject to action by their professional regulator, but this is distinct from the financial penalties prescribed by the Act.
Question 8
The Scottish Government does not have the information you have asked for because the Non-surgical Procedures and Functions of Medical Reviewers (Scotland) Act 2026 does not prescribe different enforcement arrangements or financial penalties according to whether the offender is a healthcare professional or a non-healthcare practitioner, and no equality, proportionality, human-rights, competition or regulatory assessment specifically concerning such differences was identified.
As such, I hereby provide you with formal notice under section 17(1) of FOISA that the Scottish Government does not have the information requested at Question 8.
Question 9
Information relevant to your request is contained in:
• Non-surgical Procedures and Functions of Medical Reviewers (Scotland) Bill: Policy Memorandum • FOI/202600511564: Non-Surgical Procedures and Functions of Medical Reviewers (Scotland) Bill information • FOI/202600508729: Non-surgical Procedures and Functions of Medical Reviewers (Scotland) Bill complication data • FOI/202600525751: Information relating to evidence of harm associated with a range of non-surgical cosmetic procedures
The published information includes survey and complaints data, professional audit information, stakeholder evidence, and records concerning complications, adverse events and unsafe or potentially unlawful practice.
The records include information relating to healthcare professionals, regulated clinics and non-healthcare practitioners, but do not consistently identify every practitioner according to each category listed at Question 9(a) to (f).
Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. If, however, you do not have internet access to obtain this information from the websites listed, then please contact us and we will send you a paper copy.
Question 10
Limited comparative information is available in:
• FOI/202600511564: Non-Surgical Procedures and Functions of Medical Reviewers (Scotland) Bill information • FOI/202600508729: Non-surgical Procedures and Functions of Medical Reviewers (Scotland) Bill complication data • FOI/202600522985: Evidence for medical premises • FOI/202600525751: Information relating to evidence of harm associated with a range of non-surgical cosmetic procedures
The published information includes comparisons between incidents reported in regulated and unregulated settings, professional audit information and records concerning limitations in the available evidence.
The available information does not provide statistically reliable incident rates for every professional group because complete and consistent information about practitioner status, the total number of procedures performed and other denominator data is not available.
Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. If, however, you do not have internet access to obtain this information from the websites listed, then please contact us and we will send you a paper copy.
Question 11
Information relevant to your request is contained in:
• Non-surgical Procedures and Functions of Medical Reviewers (Scotland) Bill: Policy Memorandum • FOI/202600511564: Non-Surgical Procedures and Functions of Medical Reviewers (Scotland) Bill information • FOI/202600522985: Evidence for medical premises
The Policy Memorandum records the assessment that some procedures require healthcare professionals with appropriate experience and expertise because of the anatomical or physiological skill required, while other procedures may be carried out by suitably trained non-healthcare practitioners under healthcare-professional supervision.
The identified information does not contain a general statistical conclusion that healthcare professionals have lower rates of unsafe practice, misconduct, complications or adverse outcomes. FOI/202600511564 confirms that the Scottish Government did not commission an independent study comparing the relative safety records of medically and non-medically qualified practitioners before introducing the Bill.
Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. If, however, you do not have internet access to obtain this information from the websites listed, then please contact us and we will send you a paper copy.
The Scottish Government does not have the information you have asked for because no recorded assessment was identified concluding generally that healthcare professionals present a lower risk of unsafe practice, misconduct, complications or adverse outcomes than non-healthcare practitioners.
As such, I hereby provide you with formal notice under section 17(1) of FOISA that the Scottish Government does not have that information.
Question 12
Comparative evidence and assessment are held and are identified in our responses to Questions 9 to 11.
However, the available material does not provide a complete or statistically robust comparison of adverse-incident rates between healthcare professionals and non-healthcare practitioners.
Question 13
Information relevant to your request is contained in:
• Non-surgical Procedures and Functions of Medical Reviewers (Scotland) Bill: Policy Memorandum • Regulation and Licensing of Non-Surgical Cosmetic Procedures: Consultation Analysis and Scottish Government Response • Licensing and Further Regulation of Non-Surgical Procedures: Business and Regulatory Impact Assessment • FOI/202600522985: Evidence for medical premises • FOI/202600525751: Information relating to evidence of harm associated with a range of non-surgical cosmetic procedures
The published information considers evidence relating to procedure risks, practitioner competence, healthcare-professional involvement, prescription medicines, complication management, professional oversight and alternative regulatory approaches. It also records limitations in the available comparative incident and outcome data.
The Non-surgical Procedures and Functions of Medical Reviewers (Scotland) Act 2026 does not prescribe different financial penalties according to professional status.
Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. If, however, you do not have internet access to obtain this information from the websites listed, then please contact us and we will send you a paper copy.
Question 14
Information relevant to this question is contained in:
• Non-surgical Procedures and Functions of Medical Reviewers (Scotland) Bill: Policy Memorandum • Regulation and Licensing of Non-Surgical Cosmetic Procedures: Consultation Analysis and Scottish Government Response • FOI/202600522985: Evidence for medical premises • FOI/202600525751: Information relating to evidence of harm associated with a range of non-surgical cosmetic procedures
The published information shows that the proposals considered both the risks associated with individual procedures and the skills, qualifications, supervision, premises and complication-management arrangements required for their safe provision. Some procedures were considered suitable for trained non-healthcare practitioners, while others were considered to require healthcare-professional provision or supervision.
Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. If, however, you do not have internet access to obtain this information from the websites listed, then please contact us and we will send you a paper copy.
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.
Contact Please quote the FOI reference Central Correspondence Unit Email: contactus@gov.scot Phone: 0300 244 4000 The Scottish Government St Andrew's House Regent Road Edinburgh EH1 3DG
Detected exemption language
Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. This is formal notice under section 17(1) of FOISA that the information requested at question 1(b) is not held. As such, I hereby provide you with formal notice under section 17(1) of FOISA that the Scottish Government does not have the information requested at Question 2. Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. Question 4 The Non-surgical Procedures and Functions of Medical Reviewers (Scotland) Act 2026 creates offences of: • providing a non-surgical procedure to a person under the age of 18; • providing a non-surgical procedure outwith permitted premises; and • intentionally preventing or obstructing an authorised person, or contravening section 7(7) without reasonable excuse.
Attachments
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