The popularity of aesthetic treatments and ‘tweakments’ has boomed in recent years fuelled by social media and increasing accessibility. Following public consultations carried out in 2020 and 2024/25 supportive of the necessity for regulation of non-surgical procedures such as botox and facial fillers, the Scottish Government responded in October 2025 with the introduction of the Non- Surgical Procedures and Functions of Medical Reviewers (Scotland) Bill. The Bill was passed in March 2026 by the Scottish Parliament.
What procedures are covered?
The non-surgical procedures are those which pierce or penetrate the skin barrier by means of a needle, chemical, heat/cold, light, sound or electricity. Examples include popular treatments such as microneedling, thread lifts, dermal filler, chemicals peels, and laser treatments. These are treatments which have been readily available in unregulated settings to date and may lead to significant injuries if not carried out properly.
How will these be regulated?
The Bill now makes it an offence to provide these treatments to persons under the age of 18 and to carry out the treatments outwith a ‘permitted premises.’ The new regulatory framework requires treatments to be carried out in a premises either regulated by Healthcare Improvement Scotland (HIS), or where services are delivered or supervised by a registered healthcare professional such as in GP practices, dentists and pharmacies. The procedures are to be supervised by a suitably qualified practitioner. HIS is to be granted powers to regulate the premises where procedures take place, to maintain registers and to investigate practitioners who do not comply with the regulations.
Injuries arising from Non-surgical procedures & claiming damages
Whilst the new measures certainly afford greater protection to those seeking these non surgical treatments than existed previously, especially with regards to those under 18, argument may be made that this Bill does not go far enough in light of the severity of injuries seen when these treatments are not carried out in the correct way. Injuries seen have included permanent facial or bodily scarring, nerve damage, chronic pain, disfigurement, and psychological injury.
Whilst the new legislation creates new criminal offences, the provision of these non surgical treatments can also give rise to claims for damages in certain circumstances. Being unhappy with the result of a non surgical procedure does not automatically mean a claim for damages exists. To be successful in a claim for damages the injured person would require to establish that:
(1) There is a usual and normal practice in relation to the treatment being carried out;
(2) That the practitioner failed to adopt that practice; and
(3) The course adopted is one that no practitioner of ordinary skill would have taken if acting with ordinary care.
Assuming all of criteria is met, it must also be proved that the failures led to the injuries complained of. Further, those undergoing treatment require to provide informed consent before the procedure is started, which means the practitioner requires to take reasonable care that the person is aware of material risks and any reasonable alternative treatment.
The measures being implemented by the Scottish Government bolster protection for those undergoing non-surgical treatments, however with the increasing popularity of botox, injectables, microneedling and other aesthetic treatments we expect to see a continued increase in those pursuing claims for damages.
Please contact a member of our Personal Injury Team on 0800 731 8434, for expert advice on your claim.
