Committee
Health and Sport Committee 11 February 2016
11 Feb 2016 · S4 · Health and Sport Committee
Item of business
Subordinate Legislation
Public Services Reform (Scotland) Act 2010 (Commencement No 7) Order 2016 (SSI 2016/22)
Pat Kilpatrick
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There is an issue in relation to beauty therapists and dentistry. The BDAS is very concerned—we raised the issue in the general consultation—about the number of beauty therapists who are doing teeth whitening and bleaching, which can cause considerable harm to people’s teeth. You just made the point that the public do not understand the situation. It is already in legislation that such processes can be carried out only by properly trained and qualified dentists. However, there is a back-street industry that is springing up everywhere. You can search on the internet and get a supplier locally. The procedure can cause significant damage to people’s teeth, to the point at which, in the worst-case scenario, their dentine is completely destroyed and they have to have their teeth removed. That touches on the issues that Pat Cochrane has just raised about non-surgical cosmetic treatment. There is an industry out there. It is much cheaper to go to a beauty therapist who has no qualifications and is using a kit that they bought on the internet. The difficulty is where does the regulation start and stop? That is the dilemma. We are very unhappy about that.
In the same item of business
The Convener
Lab
As we normally do when taking oral evidence at a round-table discussion, I will introduce myself then we will work round the table, introducing ourselves and...
Robbie Pearson (Healthcare Improvement Scotland)
I am the director of scrutiny and assurance and also the deputy chief executive at Healthcare Improvement Scotland.
Fiona McLeod (Strathkelvin and Bearsden) (SNP)
SNP
I am the deputy convener of the Health and Sport Committee and MSP for Strathkelvin and Bearsden.
Kevin Freeman-Ferguson (Healthcare Improvement Scotland)
I am a senior inspector with Healthcare Improvement Scotland and I am currently responsible for leading the work that we do on regulating independent healthc...
Dennis Robertson (Aberdeenshire West) (SNP)
SNP
I am the MSP for Aberdeenshire West.
Mike MacKenzie (Highlands and Islands) (SNP)
SNP
I am an MSP for the Highlands and Islands.
David Moulsdale (Optical Express)
I am the chairman and chief executive of Optical Express.
Pat Kilpatrick (British Dental Association Scotland)
I am national director of the British Dental Association Scotland.
Nanette Milne (North East Scotland) (Con)
Con
I am an MSP for North East Scotland.
Brett Collins (Save Face)
I am a director of Save Face.
Richard Lyle (Central Scotland) (SNP)
SNP
I am an MSP for Central Scotland.
Simon Withey (British Association of Aesthetic Plastic Surgeons)
I am a consultant plastic surgeon and am representing the British Association of Aesthetic Plastic Surgeons, and I sat on Bruce Keogh’s United Kingdom review.
Malcolm Chisholm (Edinburgh Northern and Leith) (Lab)
Lab
I am the MSP for Edinburgh Northern and Leith.
The Convener
Lab
I put on the record that this is an opportunity for the committee to discuss with witnesses the four statutory instruments that are before us. I could read t...
David Moulsdale
Fundamentally, we broadly support further regulation—or new regulations—as set out. Further regulation is necessary for patient confidence and, like many of ...
Robbie Pearson
I echo that point about the position of Healthcare Improvement Scotland. We are obviously responding on this secondary legislation that has been introduced t...
Pat Kilpatrick
On behalf of the dental profession in Scotland, the BDA Scotland welcomes the legislation, which has been needed for a long time because purely private pract...
The Convener
Lab
I think that Brett Collins takes a slightly different view.
Brett Collins
Ultimately, there is an anomaly in the proposed legislation, and it sits within the non-surgical cosmetic procedures. That anomaly exists because that is an ...
The Convener
Lab
I will give you the opportunity to come back in, but you have raised a number of points, and I would not like them to be missed. I will ask for some response...
Simon Withey
I agree with some of the concerns, but I also agree with Robbie Pearson that the industry is opaque and no one really knows what is going on. There must be a...
Pat Kilpatrick
There is an issue in relation to beauty therapists and dentistry. The BDAS is very concerned—we raised the issue in the general consultation—about the number...
Malcolm Chisholm
Lab
I picked up that example in the BDA submission. I want to be clear about what you are saying. You say that such activity is already against the law, so are y...
Pat Kilpatrick
It is—but it is perfectly legitimate for people to do it at the moment. They might be doing a range of other things on which they are regulated. It goes back...
The Convener
Lab
How will the proposed legislation make a difference in that area? Will it make a difference?
Robbie Pearson
We need to be clear about the statutory instruments. They relate to phase 1 in terms of non-surgical procedures that are set out in the regulations and the h...
Fiona McLeod
SNP
I want to ask about the phasing. I notice that phase 2 is for the likes of beauticians and that phase 3 is for other allied health professionals. Is there a ...
Pat Kilpatrick
Yes.
Fiona McLeod
SNP
Right. That is not about changing regulations, but about enforcing them.
Pat Kilpatrick
Yes.