Protection of consumer rights and interests ｜ Beware of illegal medical beauty

With the increasing pursuit of "face value", the medical beauty service market is developing rapidly. In addition to the traditional double eyelid surgery (double eyelid plasty), more and more consumers choose to inject sodium hyaluronate (hyaluronic acid), collagen and botulinum toxin, or perform "micro-plastic surgery" such as rhinoplasty, chin augmentation, face-lifting, line carving and risorius injection.

However, many "beauty-seeking" consumers are not very clear about what medical beauty is and what items belong to it, so that they blindly believe in individuals who are not doctors and life beauty institutions that illegally carry out medical beauty, resulting in their own legitimate rights and interests being infringed.

First of all, let’s recognize the difference between medical beauty and life beauty.

Medical beauty: the use of surgery, drugs, medical equipment and other traumatic or invasive medical techniques to repair and reshape the appearance and morphology of various parts of the human body.

Beauty of life: the act of providing consumers with non-invasive and non-invasive skin cleaning, skin care and cosmetic services by using techniques, equipment and products such as makeup and skin care.

Unqualified, cheating customers

Without obtaining the Practice License of Medical Institution, the employees have not obtained the Practice Certificate of Physician and the Practice Certificate of Nurse of relevant majors, and have not been trained and qualified by Medical facial make-up.

Most of the illegal medical beauty salons are unqualified life beauty salons or personnel who use invasive methods to carry out freckle removal, wrinkle removal, breast enhancement, weight loss, etc., and their behavior belongs to illegal medical practice. Due to the lack of relevant qualifications and technical and sanitary conditions for medical beauty, it is easy to cause physical damage to consumers.

Exceeding the scope of practice, illegal operation

Although some medical beauty institutions have obtained the Practice License of Medical Institutions, they carry out medical services outside the approved subjects or medical beauty projects outside the record.

According to the technical difficulties and possible medical risks of medical cosmetic projects, the national health administrative department has formulated the Catalogue of Classified Management of Medical Cosmetic Projects, which classifies and manages medical cosmetic projects. Different types and levels of medical cosmetic surgery can only be carried out in medical institutions with corresponding qualifications.

Do not sign the contract, do not tell.

Some medical and beauty institutions do not actively inform customers of indications, contraindications, medical risks and precautions before surgery, do not obtain the signature consent of the patient or guardian, do not sign a medical and beauty surgery contract, or do not specify their respective rights and obligations involved in the contract. When the surgery fails, it is difficult for consumers to defend their rights.

Measures for the administration of medical beauty services

(Order No.19 of the Ministry of Health was issued on January 22, 2002. The first revision was based on the Notice of the Ministry of Health on Amending Article 2 of the Measures for the Administration of Medical Beauty Services on February 13, 2009 (Wei Yi Zheng Fa [2009] No.17). The second revision was based on the Decision of the National Health and Family Planning Commission on Amending the Interim Measures for the Administration of Foreign Doctors’ Short-term Practice in China on January 19, 2016.

Chapter I General Provisions

Article 1 These Measures are formulated in accordance with the Law on Medical Practitioners, the Regulations on the Administration of Medical Institutions and the Measures for the Administration of Nurses in order to standardize medical beauty services, promote the healthy development of medical beauty undertakings and safeguard the legitimate rights and interests of medical patients.

Article 2 The term "medical cosmetology" as mentioned in these Measures refers to the repair and reshaping of human appearance and the morphology of various parts of the human body by surgery, drugs, medical instruments and other traumatic or invasive medical techniques.

The term "beauty medical institutions" as mentioned in these Measures refers to medical institutions mainly engaged in medical beauty diagnosis and treatment.

The term "attending physician" as mentioned in these Measures refers to a practicing physician who meets the conditions as stipulated in Article 11 of these Measures and is responsible for the implementation of medical beauty projects.

The medical cosmetology department is a first-class diagnosis and treatment subject, while cosmetic surgery, cosmetic dentistry, cosmetic dermatology and cosmetic Chinese medicine are second-class diagnosis and treatment subjects.

According to the technical difficulty of medical beauty projects and the degree of possible medical risks, graded access management is implemented for medical beauty projects. The Catalogue of Classified Management of Medical Beauty Projects shall be formulated separately by the Ministry of Health.

Article 3 All institutions and individuals that provide medical beauty services must abide by these Measures.

Article 4 The Ministry of Health (including state administration of traditional chinese medicine) is in charge of the management of medical beauty services throughout the country. The administrative department of health of the local people’s governments at or above the county level (including the administrative department of traditional Chinese medicine, the same below) is responsible for the supervision and management of medical beauty services within their respective administrative areas.

Chapter II Establishment and Registration of Institutions

Article 5 An application for holding a beauty medical institution or setting up a medical beauty department by a medical institution must meet the following conditions:

(1) Having the ability to bear civil liabilities;

(two) there is a clear scope of medical beauty diagnosis and treatment services;

(3) Conforming to the Basic Standards for Medical Institutions (for Trial Implementation);

(4) Other conditions stipulated by the health administrative department of the people’s government at or above the provincial level.

Article 6 Units or individuals applying for setting up beauty medical institutions shall go through the formalities of examination, approval and registration in accordance with these Measures and the Regulations on the Administration of Medical Institutions and the Detailed Rules for the Implementation of the Regulations on the Administration of Medical Institutions.

The administrative department of health shall make a decision of approval or disapproval within 30 days from the date of receiving the qualified application materials, and give a written reply to the applicant.

Article 7 The administrative department of health shall, at the same time as issuing the Approval Letter for Setting up a Medical Institution and the Practice License for a Medical Institution, file with the administrative department of health at the next higher level.

The examination and approval decision made by the health administrative department at a higher level against the violation by the health administrative department at a lower level shall be corrected or revoked within 30 days from the date of discovery.

Eighth beauty medical institutions must be registered by the administrative department of health and obtain the "Practice License for Medical Institutions" before they can carry out their practice activities.

Ninth medical institutions to add medical beauty subjects, must meet the conditions stipulated in these measures, in accordance with the "Regulations on the Administration of Medical Institutions" and its detailed rules for the implementation of the procedures, to the registration authority to apply for change of registration.

Tenth beauty medical institutions and medical beauty departments to carry out medical beauty projects shall be approved by the professional society designated by the registration authority, and shall be filed with the registration authority.

Chapter III Qualification of Practitioners

Article 11 The attending physician responsible for implementing the medical beauty project must meet the following conditions:

(1) Having the qualification of a medical practitioner and being registered by the medical practitioner registration authority;

(2) Having working experience in relevant clinical disciplines. Among them, those who are responsible for the implementation of cosmetic surgery projects should have more than 6 years of clinical work experience in cosmetic surgery or plastic surgery and other related majors; Responsible for the implementation of cosmetic dentistry projects should have more than 5 years of clinical work experience in cosmetic dentistry or stomatology; Responsible for the implementation of cosmetic Chinese medicine and cosmetic dermatology projects should have more than 3 years of clinical work experience in Chinese medicine and dermatology respectively;

(3) Having been trained or advanced in medical facial make-up and qualified, or having been engaged in clinical work of medical cosmetology for more than 1 year;

(4) Other conditions stipulated by the health administrative department of the provincial people’s government.

Article 12 A medical practitioner who does not meet the requirements of the attending physician as stipulated in Article 11 of these Measures may engage in the clinical technical service of medical beauty under the guidance of the attending physician.

Thirteenth personnel engaged in medical beauty care, should also meet the following conditions:

(1) Having the qualification of a nurse and being registered by the nurse registration authority;

(two) with more than 2 years of nursing experience;

(3) Having passed the professional training or advanced study of medical beauty care, or having been engaged in clinical nursing of medical beauty for more than 6 months.

Fourteenth personnel who have not been approved by the administrative department of health and gone through the registration formalities shall not engage in medical beauty diagnosis and treatment services.

Chapter IV Practice Rules

Fifteenth the implementation of medical beauty projects must be carried out in the corresponding beauty medical institutions or medical institutions with medical beauty departments.

Sixteenth beauty medical institutions and medical beauty departments should carry out medical services within the scope of diagnosis and treatment subjects approved by the health administrative department according to their own conditions and capabilities, and may not expand the scope of diagnosis and treatment without approval.

Beauty medical institutions and medical institutions that set up medical beauty departments shall not carry out medical beauty projects that have not been filed with the registration authority.

Seventeenth practitioners of beauty medical institutions should strictly implement the relevant laws, regulations and rules, and abide by the operating rules of medical beauty technology.

Medical materials used by beauty medical institutions must be approved by the relevant departments.

Eighteenth medical beauty services to implement the doctor responsibility system. Medical beauty projects must be implemented by the attending physician or under his guidance.

Nineteenth medical practitioners must inform the medical treatment indications, contraindications, medical risks and precautions in writing to the medical treatment patients or their relatives before treatment, and obtain the signature consent of the medical treatment patients or their guardians. Without the consent of the guardian, medical beauty projects shall not be implemented for people with no or limited capacity for behavior.

Article 20 Practitioners of beauty medical institutions and medical beauty departments should respect the privacy right of medical patients, and may not disclose the patient’s illness and medical records to a third party without the consent of the patient himself or his guardian.

Twenty-first beauty medical institutions and medical beauty departments have serious medical negligence, and should report to the health administrative department of the local people’s government in a timely manner according to the regulations.

Twenty-second beauty medical institutions and medical beauty departments should strengthen the management of medical quality and continuously improve the service level.

Chapter V Supervision and Administration

Twenty-third any unit or individual, without obtaining the "practice license of medical institutions" and approved by the registration authority to carry out medical beauty diagnosis and treatment subjects, shall not carry out medical beauty services.

Twenty-fourth health administrative departments of local people’s governments at all levels should strengthen the audit of medical beauty projects for the record. If it is found that beauty medical institutions and medical institutions offering medical beauty departments do not have the conditions and ability to carry out a medical beauty project, they should promptly notify the institutions to stop carrying out the medical beauty project.

Twenty-fifth relevant professional associations and industry associations should actively assist the administrative department of health to standardize the behavior of medical beauty services and strengthen industry self-discipline.

Twenty-sixth beauty medical institutions and medical beauty departments medical disputes or medical accidents, in accordance with the relevant provisions of the state.

Twenty-seventh release of medical beauty advertisements must be handled in accordance with the provisions of national laws and regulations on advertising management.

Twenty-eighth in violation of the provisions of these measures, according to the relevant provisions of the "Medical Practitioners Law", "Regulations on the Administration of Medical Institutions" and "Measures for the Administration of Nurses" will be punished.

Chapter VI Supplementary Provisions

Twenty-ninth surgery, stomatology, ophthalmology, dermatology, Chinese medicine and other related clinical disciplines involved in the process of disease treatment related medical beauty activities are not subject to these measures.

Article 30 The health administrative department of the people’s government at or above the county level shall, within one year after the implementation of these measures, examine and re-issue the Practice License for Medical Institutions according to the provisions of these measures.

Article 31 These Measures shall come into force as of May 1, 2002.

Source: Health Yuncheng Guanwei

Original title: "Protection of Consumer Rights and Interests | Beware of Illegal Medical Beauty"

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