13/01/2010 - More Information about Deregulation

April 2010 sees the repeal of the Care Standards Act 2000 and its replacement by The Health and Social Care Act 2008 . The Care Quality Commission (CQC), which took over from the Healthcare Commission (HCC) in April 2009, will continue to regulate the use of Class 3b & Class 4 Lasers and Intense Pulse Light devices used in "surgical" applications (i.e. applications carried out in Hospitals and certain other NHS Establishments) but will no longer regulate these devices used in any "non-surgical" applications (i.e. applications carried out in Beauty Salons, non-NHS Private Clinics and other cosmetic establishment) after October 2010.

What the CQC is saying on its web site is legally correct but easily open to misinterpretation by a provider who will NOT fall under CQC jurisdiction after October 2010. On Page 8 of the downloadable CQC document "A new system of registration - The scope of registration" (click here for a copy) you will find the following under "Other exemptions":

Therefore, under the current advice from the CQC, you are NOT a provider who will fall under CQC regulation after October 2010.

However, the Department of Health (which employs the CQC) is continuing its efforts to identify a suitable alternative legislative vehicle (probably the Local Authorities Act) to manage the regulation of the non-surgical use of lasers and IPLs. The Department of Health is also working with The Independent Healthcare Advisory Services (IHAS) and representatives of other specialist groups to agree suitable alternative National Minimum Standards for laser and IPL use in the shorter rather than the longer term.

It is most likely that there will be a transition period during 2010 when new legislation will take over from the Care Standards Act for non-surgical use of lasers and IPLs, and it is anticipated that Service Providers registered with the HCC or CQC will be 'carried over' to the new regulatory system. Also, because of the 8 -18 week timescale that it typically takes to get registered in the first place, there will also obviously have to be a cut off date for new applications that is well before October 2010.  This is probably going to be July 1st 2010, but the CQC are still working on the exact details of the deregulation process and are promising to provide much more extensive information in the very near future.

As your Equipment Supplier we must advise you that you are still obliged by statute to remain registered and comply fully until October 2010, and that you will be liable to prosecution if you do not  continue to follow the current legislation. Moreover, where insurance cover is contingent upon registration under the current regulations, it is particularly important to continue compliance with these existing regulations. See the recent successful prosecution by CQC of the Skin Health Spa chain of clinics (click_here).