The field of hair, beauty and aesthetics has grown immensely over recent years with the development of more and more products and processes designed to meet the increasingly demanding needs of customers who want to improve the way they look and feel.
It can be immensely rewarding and satisfying work, bringing much joy to your customers. However, hand in hand with the expansion of services is the increasingly high risks attached to them. By their very nature, these are personal and emotive treatments and if things go wrong it can lead to a physically or emotionally traumatic outcome. Naturally, the insurer needs to know that your working practices are of a high standard and that you take reasonable measures to protect yourself. Therefore, you will often find certain conditions stated in the Business Practice Definition which you must comply with. The following are recommended anyway, even when not specifically stipulated.
The aesthetic arena is wonderful but sadly it is unregulated, and whilst most practitioners ensure they are sufficiently qualified and work from appropriate premises, there are some that don't. Unfortunately, the results of unprofessional practice can be devastating, not only because of the physical damage than can occur but also its impact on mental health. The good news is that over the last few years the government has worked towards introducing legislation and on the 1st March 2022 announced its intention to introduce licensing.
The government work closely with the THE JOINT COUNCIL FOR COSMETIC PRACTITIONERS (JCCP) in the planning of future legislation. The JCCP operates a PSA* approved register of practitioners and a register of approved education and training providers, which launched in the House of Lords in February 2018. Its formation has involved working with over 200 interest groups, over 400 clinicians and allied practitioners and experts across all professional sectors, product manufacturers, pharmacies, distributors, patient groups, educationalists, professional associations and many more. It has the direct support of the General Medical Council (GMC), the Advertising Standards Authority (ASA) and the Office of Qualifications and Examinations Regulation (Ofqual). All of these bodies have signed a Memorandum of Understanding with the JCCP, recognizing its standards and Code of Conduct. The JCCP is at an advanced position to conclude similar agreements with the other Statutory Bodies.
Westminster Insurance Ltd eagerly await and support legislation of the Aesthetic arena and encourage all current practitioners to research the proposed measures relating to minimum qualifications etc. Don't be caught out. Ensure your ability to continue working and get ahead of your competitors by gaining the qualifications you will need now.
https://drive.google.com/file/d/1b7fhSlFdhqLYWhbtvPaN_bxlwvy-d3Su/view
Nothing can prevent a genuine accident - the truth is that sometimes things just go wrong! But it is important that you do everything you can to minimise the dangers to protect yourself and your customer. This includes checking the terms of your insurance and complying with the 'good practice' requirements stipulated, as well as those you know to be specific to your work.
Only carry out work for which you are fully trained, qualified and competent. Never be tempted to do something you know you shouldn't, even with the best intentions of being kind and helpful to your customers or colleagues. All the Business Practices we cover have a definition attached (see our What We Cover page) and within that it will state the level of competence, training or qualification you must have in order for your insurance coverage to be valid.
In today's environment the need for high standards of cleanliness and hygiene exist more than ever. Always ensure you comply with any industry specific or government guidelines in place.
Many treatments require a skin patch test and you may find that this is a condition attached to your insurance - check the wording! Even if not stated, you should always carry out such a test prior to any treatment that could lead to an adverse reaction.
Patch tests should be carried out with every new person, and every existing customer whenever a new product or procedure is to be carried out, periodically as per industry guidelines, and if the customer has since had the covid virus or received a covid vaccination (see more guidance below).
Prior to conducting the skin patch test the customer should be advised of the risks and sign an Agreement/Consent Form. (Read more about this below)
The skin patch test should be carried out on the client at least 24 hours prior to treatment and treatment commenced only where no adverse reaction occurred. However, where a client refuses to undergo a patch test, you should obtain a Waiver Form signed by the client detailing their refusal and understanding of the risks associated. The Agreement/Consent or Waiver Form must be retained in the client's treatment file during the period of insurance.
Many cosmetic treatments are very popular with young ladies who can often look older than they are. Be aware of age restrictions related to any treatments you offer and when providing them ask your customer for photo identification (passport/ driving licence). Take a photograph of it and keep on file.
Since 1st October 2021 it has been a criminal offence to administer botulinum toxin (commonly known as 'Botox') or a filler by way of injection for a cosmetic purpose to a person under 18 in England, even if they have the permission of someone over 18.
A contra indication is anything (including a symptom or medical condition) that is a reason for a person to not receive a particular treatment or procedure because it may be harmful.
As part of your training, you would have been taught that before starting any treatment, you must check with your client whether they have any contra indications to the treatment. These will vary depending on the type of treatment being performed so it is important that any check sheet you use and/or information you give is relevant to the specific treatment.
It is important to carry out a full consultation with your client to obtain any information regarding their medical history and whether they have any allergies. The client should sign the form and this should be retained on file.
If a contra indication is identified (eg a condition, allergy or medication that may affect the treatment) then the treatment may need to be adapted or not carried out at all.
In the event that a contra-indication is present, but the client still wishes to proceed with the treatment, then you should request a Doctor's letter of approval. This confirmation from the doctor will provide comfort that the treatment being provided shouldn't have any health implications to the individual receiving the treatment and is important to have on file.
Numbing products are used during the process of several beauty and aesthetic treatments. There are a number of products on the market, and it is important that practitioners use only those that are FDA/MHRA/EMA Approved.
There is increasing use of topical anesthetics to decrease the pain associated with superficial dermatologic, aesthetic, and laser procedures. Numerous topical anesthetic products (particularly lidocaine-containing) are available, but comprehensive reviews are lacking regarding their relative safety and appropriate dermatologic uses.
Local anaesthetics can be applied by using subcutaneous injections to clients who require it. Acceptable practitioners for this type of anaesthetics are Surgeon, Doctor, Physician Associate, Nurse, Prescribing Nurse, Dentist, Paramedic, Dental Therapist/Hygienist, Pharmacist, Prescribing Pharmacist, Podiatrist, Optometrist, Osteopath, Physiotherapist, Orthoptist, ODP, Phlebotomist, clinically trained NHS Band 5 or above, with the appropriate training for administering such anaesthetics. When using subcutaneous local anaesthetics, it is important to follow industry standards and requirements and NHS guidelines.
Factors that should be considered to reduce the risk of adverse events associated with the use of topical anesthetics include:
Lipostabil©, also marketed as Flabjab™, Lipomelt, Liposdissolve and Fat-Away, which contains phosphatidycholine is being unlawfully advertised in the UK as a cosmetic product for the reduction of fat. Lipostabil© is not licensed in the UK.
This product was pioneered in Brazil as a cosmetic treatment but is now banned in that country due to links with skin infection and nerve damage. Lipostabil's manufacturer Sanofi-Aventis has warned that the drug is not designed to be administered subcutaneously, under the skin, and is not safe to be used for cosmetic purposes.
The MHRA (Medicine and Healthcare products Regulatory Authority) who license drugs in the UK, have contacted over fifty clinics to order them not to advertise the treatment and doctors who don't comply could face unlimited fines and potentially prison sentences.
You should always ensure that the products you use are CE or MHRA licenced.
Many practitioners like to take 'before and after' photos for promotional purposes, but there is a much more serious reason for taking them. For certain treatments this is a condition of your insurance and in many situations is just good practice anyway. Check your policy wording.
Photographs should be stored on the client's file during the period of insurance.
Where needles or sharp instruments are used in the performance of your business, you need to maintain and distribute to all relevant employees an up-to-date copy of your Needle Stick Injury (or Sharps) Policy and Procedure document and where applicable provide full training on this subject. Attendance at such training must be evidenced in writing and stored on all employee files.
IMPORTANT: The process of obtaining relevant health information, advising your customer of the possible risks associated with the treatment they want, and getting signed Agreement/Consent that they have received this information and accept the risks is very important! Forms must be signed in person by the client and held on file.
A waiver is a document that obtains written confirmation that your customer is relinquishing a right or privilege. This 'waiver' minimises the risk of legal implications if a customer or client gets injured, however, waivers can be used in a variety of situations. A waiver will generally inform the signer of the rights that they are relinquishing and will often require the individual to sign and print their name at the bottom of the form, in addition to providing the date. By signing and dating the document, the individual states that he or she clearly understands and agrees to the relinquishment of their rights.
There are many variations of Agreement/Consent and Waiver forms but some of the key points it should contain are:
- confirmation that they have provided full and accurate disclosure of existing medical conditions etc
- details of the treatment to be carried out (patch test or full treatment)
- a list of the contra-indications that would prevent having the treatment
- information about the potential risks (this may include things like allergic reactions, hospitalisation, permanent disfigurement or even death)
- a section confirming that the customer has had a patch test (if relevant) and has had no adverse reaction, or that they were offered a patch test but refused it
- a paragraph stating that they 'waive' their right to take legal action against you
If you are highly experienced and good at what you do, it can be easy to think that nothing will go wrong. Unfortunately, that may not be true, so the best advice is to follow good practice and be insured.
Click here to see the full list of business practices we cover in the hair, beauty and aesthetics arena
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