1st Edition
The Regulation of Cosmetic Procedures Legal, Ethical and Practical Challenges
This book examines the legal, ethical and regulatory debates surrounding the rise of the cosmetic procedures industry.
In the past, cosmetic procedures were often seen as limited to a small number of wealthy older women. Today, such procedures have gone mainstream, partly facilitated by the rise of ‘non-invasive’ techniques, such as the use of Botox and Dermal Fillers. While still a business dominated by the female consumer, there is also an increasing number of males undertaking cosmetic procedures as social expectations around appearance and ageing are challenged. At the same time, the rapid expansion of this business and the incoherent, diverse approach to its regulation have given rise to concern. It has been seen as a ‘Wild West’. If cosmetic procedures go wrong, such procedures give rise to real risks of harm.
This book examines the historical backdrop, current practice and risks associated with cosmetic procedures. It discusses the ethical and regulatory challenges for this area. It also examines the current legal frameworks concerning people, practitioners and products in the UK. The book also draws lessons from regulatory approaches in other jurisdictions with particular reference to the United States, Brazil and France. It then sets out a legal and regulatory framework that might better protect and empower the cosmetic consumer, now and in the future. The book is likely to be of particular interest to those working in the areas of health and medical law, socio-legal studies and political science.
TABLE OF CONTENTS
Preface and Acknowledgements
Chapter 1 Cosmetic Procedures: Histories, Risks and Responses
- Introduction
- Historical Background to Cosmetic Procedures and their Regulation
- Cosmetic Procedures: Scandals, Risks and Responses.
- Conclusions and Framework of the book
Chapter 2: Cosmetic Procedures: Ethical Principles and Dilemmas
- Introduction
- Personal choice, autonomy and feminist ethics
- Cosmetic Procedures and a matter of Beneficence
- Cosmetic Procedures: a question of Justice?
- Conclusions
The culture of cosmetic procedures
A matter of agency
Cosmetic Procedures- a question of "do no harm"
Harms and discrimination
Harms: children and adults lacking mental capacity
Chapter 3: Theories and Models for Future Regulation
- Introduction
- Self-Regulation and Compliance mechanisms
- The rise of agencies
- Regulation responsive to risk
- Lessons from Current Regulatory Models from the UK Health sector.
Regulatory oversight of healthcare providers: The Care Quality Commission
Regulatory oversight of health professional bodies: The Professional Standards Authority.
Regulatory bodies for a specific area of healthcare activity: Case study of the Human Fertilisation and Embryology Authority and the Human Tissue Authority
Conclusions
Chapter 4: Cosmetic Procedures and the Law: Autonomy and Legality
- Introduction
- Consent to Involvement in Cosmetic Procedures and the Criminal Law
- Informed Consent: Cosmetic Procedures and the Law of Tort
- Capacity, Adults and children and consent to cosmetic procedures
- Conclusions
Consent and the medical exception
Prosecuting "Cosmetic" procedures outside "the medical exception"- the case of R v BM
The Criminal Law and Female Genital Cosmetic Surgery
The reality of consent to surgery and the criminal law: the case of Ian Paterson
Chapter 5: Cosmetic Procedures, Law Safety, Products and People
- Introduction
- Liability of Practitioners for Harm caused to the Consumer
Liability in Contract
Liability in Negligence
Accountability and the "fly in- fly out" practitioner
The effectiveness of litigation as a remedy and the use of arbitration
Liability in Criminal Law for gross negligence manslaughter
- Safety of products used in cosmetic procedures
Regulating Product Safety
Liability for Defective Products
- Safety of premises
- Professional Regulation of Providers of Cosmetic Procedures
Role of the General Medical Council in providing guidance on Cosmetic Procedures.
Role of the Royal College of Surgeons of England
Movement to more comprehensive oversight and regulation
European Standards for Aesthetic Surgery Services
The Joint Council for Regulation of Cosmetic Procedures Establishment and Scope
Scotland and the Regulation of Cosmetic Procedures and Practitioners.
Advertising, Marketing and Social Media
- Conclusions
Chapter 6: Comparative Dilemmas from the Global Cosmetic Procedure Market
I. Introduction
II. Cosmetic Procedures, Regulation and Safety in the US
Training of Cosmetic Practitioners in the US
US regulation of cosmetic surgery: the example of California
US regulation of non-invasive cosmetic procedures: the example of Florida
- Cosmetic Procedures and Regulation in Brazil
- Conclusions
The influence of culture on cosmetic treatments in Brazil
Regulation of cosmetic procedures in Brazil
Cosmetic surgeons and training in Brazil
IV. Cosmetic Procedures and Regulation in France
Cosmetic surgery regulation in France – the Kouchner law of 2002
The "devis" and informed consent
Minors and cosmetic procedures
Advertising and publicity for cosmetic surgery
Licences for cosmetic surgery
Qualifications and training
Bringing proceedings against practitioners
Regulation of non-invasive cosmetic procedures
Regulatory bodies and cosmetic procedures
Chapter 7: Conclusions: Regulating the Cosmetic Procedure Industry, a Question of Law, Ethics and Safety.
I. Introduction
II. Regulating Cosmetic Procedures a New Legal Framework
Future Regulatory options
Regulation of practitioners undertaking cosmetic procedures by a new regulatory body
Consent
Regulation of procedures undertaken on minors and adults lacking mental capacity.
Female Genital Cosmetic Surgery
Advertising, Print, Broadcast and Social Media
- Conclusions, Cosmetic Procedures Regulation and the Global Market
Bibliography
Biography
Melanie Latham, Reader in Law, Manchester Metropolitan University. Jean V. McHale, Professor of Health Care Law, University of Birmingham.
