the DoH published a Consultation paper recommending that Class 3B and 4 lasers and Intense Pulsed Light systems used for cosmetic purposes be removed from Healthcare Commission registration on 18 March 2008. A full copy of the consultation document (Private and voluntary healthcare: Care Standards Act 2000. Regulations and national minimum standards consultation document) can be downloaded here. Responces are required to be submitted before 10 June 2008.

This document makes the following proposal (extract from the proposal document - page 9):

"Partial deregulation of lasers and intense pulsed light sources

3.10 Some types of laser and light technologies, when used by private or voluntary sector organisations, are currently prescribed as listed services. These are:
a) Class 3B or Class 4 laser products, as defined in Part I of British Standard EN 60825–1 (Radiation safety of laser products and systems); and Private and Voluntary Healthcare – Care Standards Act 2000 10
b) an intense pulsed light (IPL), being broadband non-coherent light which is filtered to produce a specified range of wavelengths; such filtered radiation being delivered to the body with the aim of causing thermal, mechanical or chemical damage to structures such as hair follicles and skin blemishes while sparing surrounding tissues.

3.11 The majority of services using these types of equipment are small beauty therapy establishments which do not use them for surgical purposes or in the context of healthcare. There are currently approximately 850 establishments registered with the Healthcare Commission which provide purely cosmetic laser/IPL services.

3.12 The levels of risk involved in the use of lasers/IPL equipment for non-surgical purposes lead us to believe that the current regulatory regime is not proportionate to the risk of harm to patients. It is proposed, subject to the response to this consultation, to remove the requirement for the providers of such services to register with the Healthcare Commission.

3.13 All lasers used in surgery would remain in regulation. Subject to the results of this consultation, we intend to achieve our aims by amending regulation 3 of the PVH Regulations to remove paragraph 3(1)(a) and (b), which prescribe Class 3B and 4 lasers and intense lights as listed services, and by modifying section 2(7)(e) of the Care Standards Act 2000 to make it clear that their use for removal of hair roots, skin blemishes and thread veins should not fall within the definition of cosmetic surgery set out in that section."

The Association’s Members can provide guidance and assistance in conducting risk assessments and determining any course of action that may be necessary.