All 16 recommendations contained in the final report from the Independent review of the regulation of medical practitioners who perform cosmetic surgery (Review) have been accepted by the Australian Health Practitioner Regulation Agency (Ahpra) and the Medical Board of Australia (Medical Board).
About the review
The Review was commissioned in November 2021 by Ahpra and the Medical Board in light of widespread concerns regarding the lack of regulation of the cosmetic surgery industry in Australia. The purpose of the Review was to examine the regulatory approach of Ahpra and the Medical Board in relation to medical practitioners who perform cosmetic surgery. The Review involved a public consultation process stage and ultimately the recommendations contained in the August 2022 final report (Final Report) included setting minimum standards for the education, training and qualifications for medical practitioners who undertake cosmetic surgery, improving the regulation of advertising for cosmetic surgery and implementing guidelines to set clearer expectations for practitioners who perform cosmetic surgery.
Cosmetic surgery in Australia
Cosmetic surgery continues to grow as a lucrative industry in Australia. This has led to practices and advertising methods by health practitioners which have raised significant patient safety concerns. Unlike all other forms of surgery, there are no minimum standards specifically for education, training and qualifications for cosmetic surgery in Australia. Therefore, whilst cosmetic surgery is invasive and carries risks, it can be performed by any medical practitioner with general registration and no specialised training or qualification. Specialist surgeons in all other fields are required to compete for places in training programs at recognised medical colleges, such as the Royal Australian College of Surgeons. The lack of universal standards and qualifications in the cosmetic surgery industry has placed consumers in a difficult position when it comes to selecting a competent practitioner to perform surgery in a safe and effective manner.
The Review & 16 Recommendations
The Review was led by Mr Andrew Brown, former Queensland Health Ombudsman, and an expert panel made up of Conjoint Professor Anne Duggan (Chief Medical Officer, Australian Commission on Safety and Quality in Health Care), Mr Alan Kirkland (CEO, CHOICE) and Ms Richelle McCausland, National Health Practitioner Ombudsman). A public consultation stage was undertaken at the beginning of the Review, which included the release of a consultation paper seeking written submissions from interested parties, in addition to an on-line survey directed towards consumers of cosmetic surgery. After a six-week consultation period, 249 written submissions were submitted and 595 survey responses generated. There was also further consultation through the formation of a Technical Advisory Group and a Consumer Reference and Advisory Group.
Of the 16 recommendations put forward in the Final Report, some of the salient recommendations were that Ahpra and/or the Medical Board should:
- seek to establish an area of practice endorsement for cosmetic surgery;
- undertake a public education campaign to assist consumers to understand the significance of an endorsement;
- publish notifier education material for consumers and more specific advice in initial correspondence to consumers who have made a notification about a cosmetic surgery matter;
- review the educational material available to practitioners about mandatory and voluntary notifications;
- identify and clearly map the roles, responsibilities and powers of each regulator in the cosmetic surgery sector (including on a state-by-state basis); and
- review the regulatory approach to advertising in the cosmetic surgery sector including categorising the risks posed by advertising in the sector, undertaking an industry-specific audit and revising the Advertising Guidelines, the Cosmetic Guidelines and/or producing further material to clarify practitioner standards.
Cosmetic surgery reforms
There have also been calls for cosmetic surgery standards to be enshrined in legislation and the Health Ministers have now agreed to new reforms which include:
- preventing medical practitioners who are not qualified describing themselves as cosmetic “surgeons”;
- ensuring anyone conducting a cosmetic procedure has appropriate qualifications;
- limiting surgery to properly accredited facilities with minimum hygiene and safety standards;
- banning doctors using patient testimonials for cosmetic surgery including on social media; and
- better information for patients on the risks and their rights so they can make an informed decision about any treatment.
What’s next?
Whilst new laws are unlikely to be introduced immediately, Ahpra and the Medical Board have committed to establish a Cosmetic Surgery Enforcement Unit which will implement the recommendations put forward in the Final Report and is backed by a $4.5 million investment for extra resources.
To read a full copy of the Final Report, click here.
To read the Medical Board and Ahpra’s response to the Review, click here.
Further Information
If you require further information or would like to discuss how these recommendations might affect you, please contact Michael Gorton AM from our Health team.
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