2025-10-10 13:15:22
The Scottish Government has introduced the Non-surgical Procedures and Functions of Medical Reviewers (Scotland) Bill into the Scottish Parliament.
When the Bill is passed, it will not be lawful to provide specified procedures to persons under the age of 18.
The procedures covered by the Bill are ones that:
- pierce or penetrate the skin
- are not provided as part of the health service
- are not provided by a health care provider for the purposes of treating illness, and
- are not regulated under a type of licensing scheme set out in the Civic Government (Scotland) Act 1982.
These types of procedure might be done for cosmetic or for wellbeing purposes. They could include a dermal filler injection or a stronger chemical peel.
A full list of the procedures covered is contained in Schedule 1 to the Bill.
The Bill would not ban procedures:
- provided by a person acting for or on behalf of the health service; or
- provided by a health care provider for the purpose of, or in connection with, preventing, diagnosing or treating an illness .
The definition of a health care provider includes an independent health care service that is registered with Health Improvement Scotland (HIS), a regulated health care professional, or a person who, in providing the procedure, is acting in accordance with the directions of a regulated health care professional. Regulated health care professionals include registered medical practitioners, dentists, nurse and midwife independent prescribers, dentists and pharmacist independent prescribers.
Breach of the Act, when it is passed, will be an offence. However, it will be a defence for a person charged with an offence to show that the accused had taken reasonable steps to establish the client’s age before providing the non-surgical procedure, and (reasonably believed that the client was aged 18 or over at the time of providing the non-surgical procedure.
It will also be an offence for a person to provide a non-surgical procedure to another person outwith permitted premises.
It will be a defence to show that the person reasonably believed at the time of providing the non-surgical procedure that the procedure was being provided in permitted premises.
“permitted premises” means:
(a) any premises of an independent hospital that is registered with HIS,
(b) any premises of an independent clinic that is registered with HIS, and whose services are provided or managed by a
(i) medical practitioner
(ii) dentist
(iii) nurse independent prescriber
(iv) midwife independent prescriber, or
(v) pharmacist independent prescriber
When the Bill becomes law, the Act will contain powers of entry, search and seizure to enforce the law.