In March 2015, the Medical Board of Australia distributed draft guidelines relating to the Board's expectations of medical practitioners who perform cosmetic medical and surgical procedures in Australia. At the time, according to Dr Joanna Flynn AM, Board Chair, "there was very clear support from stakeholders for clear guidance in this area and a strong message that other options would not effectively protect consumers".

On 1 October 2016, the new Guidelines for Registered Medical Practitioners who perform Cosmetic Medical and Surgical Procedures took effect, applying to all medical practitioners registered under the Health Practitioner Regulation National Law as in force in each state and territory (National Law) who undertake cosmetic medical and surgical procedures. The Board's regulatory authority is only to medical practitioners, and thus the guidelines do not apply to nurses or beauty therapists who provide cosmetic procedures.

What do the guidelines require?

Among other things, the new guidelines require:

  • A seven-day cooling off period for all adults before major procedures, and when clinically indicated, evaluation by a registered psychologist, general practitioner or psychiatrist;
  • A three-month cooling off period before major procedures for all under 18s and a mandatory evaluation by a registered psychologist, general practitioner or psychiatrist;
  • A seven-day cooling off period before minor procedures for all under 18s, and when clinically indicated, evaluation by a registered psychologist, general practitioner or psychiatrist;
  • The treating medical practitioner to take explicit responsibility for post-operative patient care and for making sure there are emergency facilities when they are using sedation, anaesthesia or analgesia;
  • A mandatory consultation before a medical practitioner prescribed schedule 4 (prescription only) cosmetic injectables, either in person or by video consultation; and
  • Medical practitioners to provide requirements with detailed written information about costs.

Other noteworthy provisions include:

  • A medical practitioner should decline to perform a cosmetic procedure if they believe that it is not in the best interests of the patient.
  • A medical practitioner should not offer financing schemes to patients (other than credit card facilities) as part of the cosmetic medical or surgical services.
  • The medical practitioner who shall be performing the procedure should discuss and assess the patient's internal and external reasons for requesting the procedure to ensure they are realistic [2.3].
  • A practitioner must provide clear information, including written information, to the patient about risks and possible complications of the procedure.

What does this mean for cosmetic procedure providers?

Medical providers should perform a thorough evaluation of processes pertaining to the provision of cosmetic medical and surgical procedures to ensure compliance with the guidelines. For example, medical practitioners should ensure that all patients have a consultation at least seven days prior to the procedure whereby risks and complications of the procedure are disclosed, written information pertaining to these risks and complication is provided to the patient in clear language, and a discussion is had about the patient's motivation for the surgery. Detailed written information about costs should also be provided to the patient.

It is important that medical practitioners understand the new guidelines because any conduct that significantly departs from the guidelines may require the practitioner to explain and justify their decisions and actions. Serious or repeated failure to comply with the guidelines may result in consequences for the practitioner's registration.

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