Guidance Augmentation - Cosmetic Surgery Guidelines introduced by GMC

The General Medical Council (“GMC”), which is the regulator for medical practitioners in the United Kingdom, has issued guidance in relation to the practise of cosmetic surgery and performance of cosmetic procedures.

Key Provisions

The GMC refer to the new guidelines as an ‘ethical framework’ for doctors carrying out these procedures. The guidelines address, inter alia, the following key points:

Advertising: The guidelines require that doctors must advertise cosmetic procedures ethically and in a clear and factual way. The use of promotional tactics and  offering procedures as prizes are prohibited.

Consent: Under the guidelines, doctors are precluded from delegating the task of obtaining patient consent.  The guidelines stipulate that the doctor carrying out the procedure is responsible for discussing the procedure with the patient and for providing him/ her with information and support.

Information: The guidelines require that patients must be given sufficient time and information in respect of potential risks in advance of providing consent in respect of a procedure.

Care Management: Doctors are required, under the guidelines, to ensure that the patient is aware of whom he/she is to contact in the event of complications and how his/her care will be managed.  The treating doctor is also required to ensure that the patient has sufficient information in respect of any medication/ implants to be used.

Records: The guidelines require that doctors must generate and maintain full and accurate records of all consultations. The guidelines also require that registers for devices such as breast implants are maintained.

The guidelines will come into effect from June 2016 in the United Kingdom and will apply to both surgical and non-surgical cosmetic procedures.

The Irish Position

Whilst the full effect and import of the guidelines has yet to be assessed, the development will be of particular interest in Ireland, given the absence of guidance specific to cosmetic surgery in this jurisdiction.

Cosmetic surgery came into sharp focus here following the PIP implant scandal in 2012 where PIP breast implants were found to contain industrial silicone, posing a significant health risk to patients. Following the scandal, it was indicated that legislative reform would require service providers of cosmetic surgery to be licensed under the Patient Safety (Licensing) Bill. Legislative proposals are at an advanced stage and will be submitted to the Minister for approval with a view to seeking Government approval to publish the General Scheme and Heads of a Bill in early course.

More recently, in late 2015,  the Department of Health was given approval to draft amendments to the Health Act, 2007 allowing for HIQA to monitor and set standards for certain cosmetic procedures.

The GMC guidelines can be accessed here.

Authors: Lyn McCarthy & Helene Gallagher