Cosmetic Lasers - Is There Blame When Complications Occur?

"Beauty therapists are not in the position to conduct the necessary medical consultation to ensure the desired treatment is appropriate and shockingly can be unaware that a patient may have a reaction to the injectable cosmetic treatment making it is essential that the injector is a clinical professional who knows how to manage any medical emergencies.” 

Here at Consulting Room we regularly receive enquiries about Lasers and we’ve noticed that there seems to be a bit of confusion over the regulation of these increasingly popular machines. One question we are constantly being asked is whether lasers for use in aesthetic treatments should be regulated by the Care Quality Commission?

Providers of lasers and lights used for non-surgical cosmetic aesthetic purposes, such as hair removal by a healthcare or non-healthcare professional (a beautician for example) were registered under the CSA 2000, but not required to register under the Health and Social Care Act 2008. They are, therefore, no longer subject to regulation by the Care Quality Commission as of 1st October 2010.

The laws currently pertain that only treatments for procedures involving disease, disorder or injury are regulated. Therefore treatments for use against wrinkles and hair removal procedures do not fall under these categories and are left unregulated. 

The CQC only license and regulate cosmetic treatments that could potentially fall under the above definition, or that involve surgical procedures and therefore there are currently a number of cosmetic treatments which are not regulated or licensed by the CQC in England. Lasers (along with muscle relaxing injections and remodelling techniques using cells, tissue or synthetic products and chemical peels) are therefore not regulated and as such providers of these services are not inspected to ensure they meet standards of quality or safety.  (Laser and IPL clinics in Wales continue to be subject to registration by Healthcare Inspectorate Wales.) 

It appears that foreign exporters are selling lasers to anyone willing to buy direct without investigating the intended use of the device and adherence to appropriate regulations required and the training background of the purchaser. The ethical notion of non-medically trained personnel buying potentially harmful laser machines does not even enter into the equation and is a diminishing factor as the availability of imported machines rises. 

What about the question of safety?

Any practitioner knows that if treatments involving lasers are not carried out correctly then both the practitioner and patient is at risk of harm, yet many of these machines do not come with warnings about the right laser goggles or sometimes even the right settings for the machine itself.

Clinics that are not registered, not medically led and do not have evidence of training or machine servicing are, because of the lack of effective regulation, practising cosmetic treatments using lasers - endangering the patients who put their safety in the hands of these practitioners. 

For more information on laser regulation read Dr Philip Dobson’s Blog.

Whilst thousands of treatments involving cosmetic lasers are carried out per year in the UK alone, the potential for adverse side effects is always present. We believe that education is the first step to reducing the likelihood of this occurrence. Clinics should be researching their laser and suppliers and the patient should educate themselves as much as possible on all areas involving their treatment.

Whilst the question of industry regulation remains a hotly debated and much ambiguous topic we must stress the importance of consumer education. Before setting foot into a clinic for any procedure research is vital. Educate yourself as to the treatment options and product brands that are available. Visit our Treatment FAQ pages to help educate yourself.

It is also important to research your clinic, your doctor, and their qualifications and make sure you are in a position to understand what the procedure involves before you enter into a contract with the clinic.