Currently information available to consumers having cosmetic medical and surgical procedures (including botox injections) can be of variable accuracy and quality. Patients may be unaware of the various levels of qualifications and training required for different procedures.

To address this issue, the Medical Board of Australia (the Board) released a Public Consultation Paper and Regulation Impact Statement [12] (the Paper) in March 2015 on registered medical practitioners who provide cosmetic medical and surgical procedures, with a key focus on identifying whether additional safeguards are needed. The Paper outlined the following four options to create a consistent national approach:

• Retaining the status quo of providing general guidance about the Board’s expectations of medical practitioners providing the procedures via the Board’s approved code of conduct;
• Providing consumer education material about the provision of cosmetic medical and surgical procedures by medical practitioners;
• Strengthening current guidance for medical practitioners providing cosmetic medical and surgical procedures through new, practice specific guidelines that clearly articulate the Board’s expectations of medical practitioners; and
• Strengthening current guidance for medical practitioners providing cosmetic medical and surgical procedures through practice specific guidelines as per option three but providing less explicit guidance to medical practitioners.

Based upon the available data and evidence to date, and subject to the outcome of consultation with stakeholders, the preferred option of the Board was option 3.

The Board sought feedback on a range of proposals for draft guidelines in relation to option three, including:

• a seven-day cooling off period for all adults before procedures;
• a three-month cooling off period before procedures can be undertaken for all individuals under the age of 18, along with mandatory assessment by a registered psychologist or psychiatrist;
• explicit guidance on informed patient consent, including clear information about risks and possible complications;
• explicit responsibility for post-operative care by the treating practitioner, including emergency facilities when sedation or analgesia is involved;
• mandatory face-to-face consultations before prescribing Schedule 4 (prescription only) cosmetic injectables;
• transparency and detailed written information about the costs of cosmetic medical procedures; and
• limits on where cosmetic procedures can be performed, in order to manage the risk to patients.

The consultation period closed on 29 May 2015 and the Board received hundreds of submissions from a wide range of stakeholders including medical colleges, professional associations, medical insurers, medical practitioners, nurses working in the cosmetic field and patients. The Board is now analysing the submissions, which are expected to be published in due course.

At the time of writing of this article, there has been no indication as to when a final decision will be made. The review is likely to result in stronger regulation of the cosmetic surgery industry in Australia. Some patients will still choose to travel overseas for cosmetic surgery.

By Alison Choy Flannigan, Partner and Joann Yap, Solicitor