FOI/202600532963 · FOI · not held
Information concerning the proposed requirement for specified non-surgical cosmetic procedures to be provided from Healthcare Improvement Scotland-regulated settings: FOI release
Information requested
Recorded information concerning the proposed requirement for specified nonsurgical cosmetic procedures to be provided from Healthcare Improvement Scotland-regulated settings.
Please provide the following recorded information concerning the proposed requirement for specified non-surgical cosmetic procedures to be provided from Healthcare Improvement Scotland-regulated settings. For the purposes of this request, I am seeking the evidence and assessments relied upon in selecting this regulatory model.
1. Any research, data, analysis, assessment, briefing or advice demonstrating that requiring nonsurgical cosmetic procedures to take place within an HIS-regulated setting is expected to reduce complications, injuries, adverse events or deaths.
2. Any comparative evidence concerning safety outcomes for non-surgical cosmetic procedures undertaken:
a. within HIS-regulated settings; and
b. within premises that are not HIS regulated.
3. Any assessment identifying adverse incidents attributable to the regulatory status, physical characteristics or management of the premises, as distinct from factors such as practitioner competence, procedure, product, technique or client-specific factors.
4. Any assessment of whether the proposed HIS premises requirement itself is expected to produce a measurable improvement in public safety and, if so, the anticipated improvement and how it will be measured.
5. Any assessment of alternative regulatory approaches, including practitioner licensing, localauthority premises licensing, procedure-specific standards or other models that would not require affected independent businesses to operate through an HIS-regulated service.
6. Any proportionality assessment comparing the expected safety benefit of requiring HISregulated settings with the financial, operational and competitive effects upon affected businesses.
7. Any assessment of the additional costs to businesses and clients specifically attributable to the requirement to operate through an HIS-regulated setting.
8. Any recorded assessment of whether the same stated public-safety objectives could be achieved without requiring affected existing independent aesthetics businesses to operate through an HIS-regulated healthcare service.
Response
I have provided a response to each question as follows:
1. Any research, data, analysis, assessment, briefing or advice demonstrating that requiring non-surgical cosmetic procedures to take place within an HIS-regulated setting is expected to reduce complications, injuries, adverse events or deaths.
- Attached document: 'Document 1 - Cosmetics Submission March 2022' provides ministers with different options for regulation. Paragraph 4 outlines Healthcare Improvement Scotland's position as a regulator for non-surgical procedures in Scotland
- Attached ‘Document 2 - Non-surgical cosmetic procedures Bill Bid August 2023’, para 7 “Healthcare Improvement Scotland (HIS) regulates independent healthcare in Scotland. Following the implementation of SCIEG’s first phase recommendations, independent health care clinics where services are provided by a doctor, dentist, nurse, midwife or dental care professional were brought under HIS regulation from 1 April 2016. This included clinics that offer cosmetic or aesthetic procedures.”
- Attached document: ‘Document 3 - Ministerial - Submissions on NSCP decisions - 29 May 2025 – Final’. Annex A1 para 3 and Annex A 1 paragraph 6.
I was not able to identify any other material that appeared to meet the description of this part of your request, insofar as these documents do not meet any part of the description you have given please accept this as a notice under section 17(1) that the Scottish Government does not hold this information.
2. Any comparative evidence concerning safety outcomes for non-surgical cosmetic procedures undertaken: a. within HIS-regulated settings; and b. within premises that are not HIS regulated
This is a formal notice under section 25 of FOISA that this information is otherwise reasonably obtainable through Non- Surgical Procedures - Business and Regulatory Impact Assessment pages 11-17, insofar as this document does not contain the evidence you have described please accept this as a notice under section 17(1) that the Scottish Government does not hold this information.
3. Any assessment identifying adverse incidents attributable to the regulatory status, physical characteristics or management of the premises, as distinct from factors such as practitioner competence, procedure, product, technique or client-specific factors.
Data is not held on current safety, and the Scottish Government has not undertaken the assessment you have described. Therefore this is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.
4. Any assessment of whether the proposed HIS premises requirement itself is expected to produce a measurable improvement in public safety and, if so, the anticipated improvement and how it will be measured.
- Attached document: ‘Document 4 - Ministerial Submission: Update on Secondary Legislation for NSC - Aug 24’, Paragraph 12: "The restriction of medium to high risk procedures to be performed in a registered Independent Healthcare Clinic would provide the necessary assurance of public safety, as the premises/owner would have to adhere to strict hygiene and safety requirements, as well as providing the medical / clinical oversight required for any potential complication management.”
I was not able to identify any other material that appeared to meet the description of this part of your request, insofar as these documents do not meet any part of the description you given please accept this as a notice under section 17(1) that the Scottish Government does not hold this information.
5. Any assessment of alternative regulatory approaches, including practitioner licensing, local-authority premises licensing, procedure-specific standards or other models that would not require affected independent businesses to operate through an HIS-regulated service.
This is a formal notice under section 25 of FOISA that this information is otherwise reasonably obtainable through Non-Surgical Procedures - Business and Regulatory Impact Assessment Non-Surgical Cosmetic Procedures Consultation Analysis and Scottish Government Response Regulation of non-surgical cosmetic procedures - Scottish Government consultations - Citizen Space
You may also consider that some of the information released under section 1 is relevant to this part of your request.
6. Any proportionality assessment comparing the expected safety benefit of requiring HIS-regulated settings with the financial, operational and competitive effects upon affected businesses.
This is a formal notice under section 25 of FOISA that this information is otherwise reasonably obtainable through Non-Surgical Procedures - Business and Regulatory Impact Assessment section 3
7. Any assessment of the additional costs to businesses and clients specifically attributable to the requirement to operate through an HIS-regulated setting.
This is a formal notice under section 25 of FOISA that this information is otherwise reasonably obtainable through Non- Surgical Procedures - Business and Regulatory Impact Assessment
8. Any recorded assessment of whether the same stated public-safety objectives could be achieved without requiring affected existing independent aesthetics businesses to operate through an HIS-regulated healthcare service.
This is a formal notice under section 25 of FOISA that this information is otherwise reasonably obtainable through Non- Surgical Procedures - Business and Regulatory Impact Assessment
About FOI
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Detected exemption language
I was not able to identify any other material that appeared to meet the description of this part of your request, insofar as these documents do not meet any part of the description you have given please accept this as a notice under section 17(1) that the Scottish Government does not hold this information. within premises that are not HIS regulated This is a formal notice under section 25 of FOISA that this information is otherwise reasonably obtainable through Non- Surgical Procedures - Business and Regulatory Impact Assessment pages 11-17, insofar as this document does not contain the evidence you have described please accept this as a notice under section 17(1) that the Scottish Government does not hold this information. Therefore this is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested. - Attached document: ‘Document 4 - Ministerial Submission: Update on Secondary Legislation for NSC - Aug 24’, Paragraph 12: "The restriction of medium to high risk procedures to be performed in a registered Independent Healthcare Clinic would provide the necessary assurance of public safety, as the premises/owner would have to adhere to strict hygiene and safety requirements, as well as providing the medical / clinical oversight required for any potential complication management.” I was not able to identify any other material that appeared to meet the description of this part of your request, insofar as these documents do not meet any part of the description you given please accept this as a notice under section 17(1) that the Scottish Government does not hold this information. This is a formal notice under section 25 of FOISA that this information is otherwise reasonably obtainable through Non-Surgical Procedures - Business and Regulatory Impact Assessment Non-Surgical Cosmetic Procedures Consultation Analysis and Scottish Government Response Regulation of non-surgical cosmetic procedures - Scottish Government consultations - Citizen Space You may also consider that some of the information released under section 1 is relevant to this part of your request.