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The word ‘compliance’ is likely to make even the most experienced practitioners feel apprehensive. After all, compliance is complex and always evolving.
But if you run an aesthetic clinic, skipping out on your compliance checklist is like forgetting sunscreen at the beach: the afterburn isn’t worth the risk.
Sure, you’ve mastered aesthetics, but how well do you know UK legislation?
Don’t worry – we’ve got you covered. This blog post includes a watertight compliance checklist for all aesthetic clinics in the UK. Don’t miss reading it – it has everything you should know to stay compliant, stress-free.
Let’s dive in!
The regulatory bodies aesthetics clinics should know in the UK
Before we unpack the rules and regulations for running an aesthetic clinic in the UK, let’s first introduce you to the compliance squad:
- The Care Quality Commission (CQC) regulates and inspects health and social care services in England to ensure they meet safety and quality standards, which includes aesthetics and other healthcare clinics.
- The General Medical Council (GMC) sets the standards for medical practice in the UK and oversees the registration and licensing of medical professionals.
- The Nursing and Midwifery Council (NMC) regulates nurse practitioners and midwives in the UK, ensuring clinics maintain professional standards and public safety in healthcare.
- The Medicines and Healthcare Products Regulatory Agency (MHRA) ensures that medicines and medical devices are safe, effective, and high-quality for public use in the UK.
- The Save Face and the Joint Council for Cosmetic Practitioners (JCCP) are regulatory bodies that set standards for non-surgical cosmetic treatments. They accredit clinics and practitioners to ensure safety and professionalism in the aesthetic industry.
👉If you’re looking to get CQC accredited, the right CQC compliance checklist is essential to complying with this regulation. Check out ours!
Key legislation to understand in the UK
Now that you’ve met the professional bodies that regulate compliance, it’s time to look at UK legislation for aesthetic clinics, med spas, laser hair removal clinics, and all other healthcare facilities that fall under that category.
Health and Care Act 2022
The Health and Care Act 2022 regulation aims to emphasize the importance of integrated care and workforce planning so that clinics are better equipped to meet the necessary patient safety requirements and maintain high quality care.
It also ensures that clinics adhere to updated regulatory frameworks, such as reporting adverse events. If patients have experienced serious undesirable effects (SUEs) that arise from using their products, they must report it immediately.
Botulinum Toxin and Cosmetic Fillers (Children) Act 2021
The Botulinum Toxin and Cosmetic Filler (Children) Act 2021 safeguards children under 18 from the potential health risks of injectables and fillers in England.
This means it’s a criminal offense to administer botulinum toxin or cosmetic fillers by injection for a cosmetic purpose to under 18s. Violating this act could result in prosecution and fines.
Who is affected? This law applies to both businesses and:
- Cosmetic procedure providers such as beauty therapists, mobile aestheticians, regulated medical healthcare professionals
- Individuals performing aesthetic procedures on an informal basis
- Providers of clinical healthcare services and regulated healthcare professionals working in this industry
Cosmetic Products Enforcement Regulations (2013)
Under this UK regulation, cosmetic products about to be sold or distributed meet all necessary safety standards. Key aspects of this regulation are:
- Product safety: Healthcare professionals must verify that products have undergone patch tests for skin sensitivity and do not contain banned ingredients, such as certain colorants, preservatives, or UV filters.
- Products must be adequately labeled: Each product must have the name and address of the manufacturer/importer, a full list of ingredients, and an expiration date or ‘Period After Opening’ symbol, which tells you the time frame a product should be used in (assuming it’s been stored correctly).
- Product Information File (PIF): This is a document that comes with each product containing detailed information such as the product safety reports, manufacturing details, and proof of the claimed effects.
General Data Protection Regulations (GDPR)
The General Data Protection Regulation (GDPR) is a European law that governs how personal data is collected, processed, and stored. For aesthetic clinics, GDPR compliance is crucial because they handle sensitive client information, including medical histories, treatment records, and payment details.
GDPR greatly impacts how aesthetic clinics handle patient data, with strict requirements for its protection, consent, and patient privacy.
Under these regulations, clinics are obliged to:
- Implement appropriate technical and organizational measures to ensure patient data is securely stored, processed, and accessed.
- Inform clients about how their data is used. Clients also have the right to request access to their information or request that it be deleted.
- Always request and obtain explicit patient consent before collecting and processing their data. This includes consent for marketing communications!
Consumer Protection Regulations
The Consumer Protection Regulation in the UK protects patients from unfair business practices and misleading marketing.
To ensure compliance, you must pay close attention to what information you share about your medical procedures you offer, making sure you:
- Provide clear, accurate, and evidence-based information about the treatments you offer. Don’t make promises you can’t back up.
- Clearly outline the potential risks, costs, and outcomes of any treatments so patients are fully informed and understand what to expect.
- Don’t participate in aggressive sales tactics, add hidden fees to treatments, or publish vague service descriptions that could mislead consumers.
Compliance checklist for aesthetic clinics
1. Licensing and registration
Just as you wouldn’t perform lip fillers without training and certification, you shouldn’t run a clinic without proper registration and licensing.
That’s why before offering aesthetic services, you must know the licensing requirements to open a medical spa.
You must also comply with MHRA guidelines (the Medicines and Healthcare products Regulatory Agency) which aim to ensure that the medicines, medical devices, and healthcare products you use at your clinic are safe and of high quality.
“Fake botox” – aka counterfeit Botox – can have serious medical consequences. If you administer a botolinum toxin brand that is unapproved by MHRA then you could face serious legal and regulatory consequences.
💡Good to know: The only MHRA-approved anti-wrinkle injectable brands that are legally allowed for use in the UK are Botox®, Dysport®, or Azzalure®.
2. Staff qualifications and training
In aesthetics, education doesn’t end with medical school. It’s just the beginning.
As aesthetic practitioners will well know, there is a growing demand for better regulation in the aesthetics industry in the UK, requiring stricter regulations to protect patients and ensure high-quality care.
Even though you know your staff members are qualified, it’s important to provide ongoing training and ensure they’re regularly verified to perform at their best.
This enhances your clinic’s reputation and protects you from legal risks, while keeping you compliant with regulatory bodies.
3. Patient consent and documentation✍️
Patient consent is essential – not just a casual “go ahead.”
It’s a no brainer that any patients must be fully informed of any procedure’s risks, benefits, and alternatives. A signed consent form protects your aesthetic business plan legally and gives you the heads-up to proceed without worry.
The essential client information to collect in consent form documentation includes:
- Personal details🆔📄 Gather your patient’s full name, phone number, email address, home address, date of birth, gender, and preferred method of contact
- Medical history and current medication📋Patients must inform you of their medical history, any allergies they have, and medication they’re taking
- Any previous treatments they’ve had🩺As a practitioner, you should know if the client has had any aesthetic procedures previously
💡Did you know?
Practice management software simplifies the consent process for aesthetic clinics with digital forms. Clients can complete and sign forms ahead of their appointment, setting the stage for an efficient client journey.
4. Data protection and privacy🔒
The easiest way to ensure you take data protection seriously is to comply with the General Data Protection Regulation (GDPR). This regulation aims to protect the personal data of individuals within the EU, and non-compliance results in significant penalties. Depending on the type of violation, fines can go up to £20 million or 4% of the prior financial year’s global turnover.
To avoid this, here’s what you should implement:
🔑Encryption: Encrypt data transmissions that contain sensitive client information, both stored and in transit, to prevent unauthorized access to sensitive medical information.
🚫Strict access controls: Only authorized personnel should have access to sensitive client information. Limit access to your patient data based on staff roles and responsibilities and implement a two-factor authentication method
🔒Password-protected logins and automatic device timeouts
5. Health and safety compliance⚖️
Your clinic should be a sterile, safe haven. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety, and there are some key points aesthetic clinics must address for health and safety compliance:
- Sterilization control and protocols: To prevent infections, implement strict disinfection protocols for all equipment and surfaces, including using autoclaves for instruments. Assign a designated person to perform sterilization checks and monitor your facility’s hygiene standards.
- Equipment safety: Make a member of your team responsible for your medical devices and equipment safety check-ups every week.
- Emergency plans and procedures: Your clinic must have a clear, documented emergency plan, staff who are trained in first aid and CPR, and a well-maintained, accessible first aid kit.
- Proper disposal of clinical waste: Aesthetic clinics must dispose of clinical waste, such as sharps, biohazards, and infectious materials, in designated containers.
6. Advertising and marketing standards📢
Before promising fast weight-loss results or wrinkle-free skin forever, please check with the ASA guidelines (Advertising Standards Authority).
Your medical services’ marketing strategy and promotion need to be truthful and non-misleading and ensure transparency and accuracy.
- Exaggerated benefits of your treatments, setting unrealistic expectations for treatment outcomes. Don’t photoshop and false promise outcomes that cannot be met. Use real before-and-after images to represent typical results accurately (with written consent in place, of course).
- Unclear pricing information: Be transparent in your ads and on social media by clearly stating treatment prices and any additional fees, such as for consultations or follow-up treatments.
7. Insurance and liability coverage 📑
You probably have insurance for your car, your house, and maybe even your phone— why wouldn’t you have it for your medical spa?!
The nature of aesthetic treatments always involves the risk of complications, legal claims, and financial risks. Make sure you’re covered for all the treatments you offer. We suggest you take these key steps to ensure adequate protection:
- Consult an insurance expert specializing in medical or aesthetic practices to identify necessary coverage options.
- Obtain medical malpractice insurance to cover legal claims. This insurance is essential to protect you against claims of negligence that may arise from treatments. It covers legal fees, settlements, or judgments related to patient complications.
- Invest in public liability insurance: It protects you against claims related to adverse reactions to products used in treatments such as Botox or dermal fillers.
8. Continuous professional development🧠
Ensure your staff enhance their CV through continuous professional development (CPD) via workshops, courses, or webinars — being able to offer advanced treatments can be a critical competitive advantage.
Continuous learning is crucial:
- Adapting to the newest aesthetic technology advancements: Stay updated on the latest technologies and treatment trends by attending seminars and selecting relevant training for your practitioners to enhance proficiency.
- Keeping up with regulatory changes: To stay compliant with changing regulations for aesthetic treatments, keep your staff informed about the latest CQC, MHRA, and GDPR updates.
9. Ethical practice and patient care👨⚕️
Patient care should be your clinic’s foundation. Prioritizing it fosters success through ethical practices that ensure compliance, build trust, and enhance patient compliance, all while protecting your reputation.
To ensure that your clinic upholds these values in every part of its operations, think of some of these important aspects:
- Do you provide patient-centered care? Every patient is unique, and treatments should be tailored to their needs – clinics must avoid the one-size-fits-all approach.
- Are you transparent and trustworthy? Ethical clinics take communication with their patients seriously and inform them about the risks, benefits, and limitations of the treatment they are about to have.
- Do you respect your patients’ confidentiality and privacy? Clinics are responsible for safeguarding patient health information under data protection laws — medical history, treatment records, and photos must be kept secure.
Learn how Pabau supports your clinic’s compliance efforts✅
There you have it – the essential regulatory compliance checklist for your aesthetic clinic to operate smoothly.
But, having a checklist is just one piece of the puzzle – you also need the right management software. Choose robust software with features for secure client record-keeping, appointment scheduling, consent forms, and payments features will save you time and money while you focus on your core practice.
For that, you have Pabau, an all-in-one software specifically created for aesthetic clinics, designed to support you in your compliance efforts.
Here’s what you get:
✅ Industry standard, end-to-end encryption along with daily backups to secure patient files, photos, videos, alerts, and patient data.
✅ Robust authorization procedures for staff that can be ticked and unticked to grant or revoke personnel access, in order to protect sensitive client data.
✅ Digital consent forms that can be easily customized, either for consultations, informed consent, or treatment templates to tailor each client’s journey.
✅ GDPR functionality to protect your patients rights and sensitive data.
Learn how Pabau can help you stay compliant by booking a demo today!
