What does your Local Authority want in your laser/IPL clinic ?
If you are a beauty therapist (non healthcare professional) and have been looking forward to CQC de-regulation of your clinic or facility we would love to know how the changes affected your business. Has your Local Authority/Council requested any particular qualifications, training, treatment room arrangements or safety requirements to licence you to practice? If so, please do get in touch, because it seems different authorities have different requirements and we are interested to know how this might affect your business. However, for all authorities you will still need Local Rules, Risk Assessments and Medical Protocols.
Don’t forget, as a workplace you are governed by the Health & Safety at Work Act 1974 (HSAW Act) and the subsidiary regulations (eg the Management of Health and Safety at Work Regulations 1999 and the Provision and Use of Work Equipment Regulations 1998). Your principle duty under Section 2 of the Act, as an employer, is to, as far as is reasonably practicable, protect the health, safety and welfare of all employees. In addition, under Section 3, employers must also ensure “so far as is reasonably practicable, that persons not in his employment who may be affected thereby are not thereby exposed to risks to their health or safety”. These two sections together impose a duty upon all employers (and self employed people) to protect both workers and “others” from the risks associated with any activity carried on in the business. These cover the equipment provided, satisfactory personal protective equipment, maintenance, installation, use, training, instruction and supervision to name but a few elements and it is the duty of the employer to ensure that the risks have been assessed and in so far as reasonably practicable eliminated, controlled or reduced. In practice these requirements can only be adequately met by a specialist Laser Protection Adviser.
All of this does not affect the additional requirements placed upon therapists by Local Authorities who have in place delegated legislation which allows them to regulate some activities under “Special Treatments Licenses” – the requirements being produced by the Local Authorities under these byelaws seem disparate, sometimes illogical and in a few cases draconian (even by comparison to those issued previously under the CSA 2000). At present this principally affects businesses in and around London, Nottingham and Manchester although many Local Authorities have the power to issue byelaws and recognise this both as a potentially “risky activity” and one from which they can generate income – one London Authority is now charging £1750 for a laser/IPL Special treatments Licenses, even more than the CQC!
27th September 2010
Core of Knowledge training and aesthetic laser/IPL qualifications just as important as ever!
Many of our LCS Clients who are having to register with their Local Authority due to de-regulation of cosmetic laser/IPL treatments by the CQC, are finding that Core of Knowledge and recognised training in laser/IPL therapies is a requirement for registration. Different local authorities are setting different requirements, eg. some require practitioners to hold beauty qualifications and to have at least one first aid trained member of staff, most specify risk assessments and interlocked treatment room doors. But one thing they all require is evidence of Core of Knowledge training and evidence of study of skin anatomy & physiology - (our Contraindications Course is a great little course for this!). If you are having difficulty meeting the requirements of your Local Authority, please do call us as we are keen to find out about the regional variations and how they affect our clients.
If you need to know more about the changes to CQC registration follow this link to our sister site; LCS Healthcare.
1 September 2010
Local Authorities Step in to Close the CQC Gap for Beauty Clinics Using Lasers and IPLs.
With deregulation of non-healthcare related (ie beauty sector) use of laser and IPL systems on the 1st October and the apparent “free for all” being advertised by some of the less reputable laser and IPL system manufacturers, it seems that the Local Authority Health and Safety Officers around the country are preparing to step in and fill the void left by the Department of Health’s ill-conceived deregulation.
A growing number of Local Authorities are contacting beauty and other laser clinics to inform them that as of October 1st they will be issuing guidance and regulating them under existing health and safety law. It was initially thought that only the London area would be regulated after the introduction of the new regulations under the London Local Authorities Act which permits the issuing of Special Treatments Licenses however the Health and Safety at Work Act 1974 has proved more than a match for the Care Standards Act 2000.
The HSAW Act 1974, which applies nationally makes provision for the regulation of any business and permits Local Authority Officers to make requirements under regulations such as the Management of Health and Safety at Work Regulations and the Provision and Use of Work Equipment Regulations. These regulations govern the safety of employees and “other” who may be affected, including clients undergoing treatments which are likely to include risk assessment, local rules and medical protocols for use of laser and IPL systems.
The powers provide far more extensive penalties than were available to the CQC for failure to comply with requirements including improvement notices, prohibition notices and a maximum fine on successful prosecution of up to £20,000.00!
Non-healthcare providers of laser and IPL treatments are advised to contact their Local Authority to establish how they should proceed in meeting the local requirements.
Re-registration period coming to an end! 29th July 2010
If you are registered with the CQC under the Care Standards Act 2000 as an independent healthcare provider you should by now have received the notification of your "window" to re-register under the Health and Social Care Act 2008. The final date for submission of re-registration applications for the last group is the 27th of August. Anyone who has not returned the transitional application form by that date will not be transferred on the 1st October and will probably have to go through a full new registration at considerable time, effort and expense.
If you are currently registered and have not received your transfer application window by now you should call the CQC and request the application immediately. Those who are new to scope for regulations under the HSCA 2008 have until the 1st of August to submit an application, after this date the CQC will not guarantee that providers can continue to operate if they are not registered by the 1st October - Hurry! For full details follow this link to