Australia’s Health Ministers met on December 14 and issued a formal “update on progress of reforms to the cosmetic surgery industry”.
The Ministers confirmed they “have approved that only medical practitioners holding specialist registration in the following medical specialties should be permitted” to use the title ‘surgeon’:
- surgery;
- obstetrics and gynaecology;
- ophthalmology.
The Ministers’ statement emphasised new legislation “will establish powers to prosecute or take disciplinary action against persons who unlawfully take or use a protected title in relation to surgery or claim that they or another person hold a type of registration or endorsement in cosmetic surgery that they do not”.
The statement noted this decision “does not affect surgical specialties in the dental and podiatry professions, including existing specialist titles ‘oral and maxillofacial surgeon’, ‘oral surgeon’ and ‘podiatric surgeon’.”
The Ministers also announced – in relation to “doctors who perform cosmetic surgery” – the launch of the National Cosmetic Surgery Complaints Hotline (1300 361 041) for “patients or practitioners who have concerns”.
In addition, the Ministers also confirmed their “decision to continue the ban on the use of patient testimonials in health service advertising, including for cosmetic surgery”.
Federal Health Minister Mark Burler told The Sydney Morning Herald that “cosmetic cowboys have been riding unchecked for years, and the previous government simply didn’t act to clean up an industry that has come to resemble the Wild West.
“Australians deserve to have confidence in the safety and quality of the cosmetic surgery industry and the changes that all health ministers have agreed on will provide that certainty.”
Plastic surgeon and University of Melbourne professor of surgery Mark Ashton told the Herald that legal changes to stop unqualified doctors calling themselves cosmetic surgeons “marked the first step in protecting the public”.
He said: “For far too long medical practitioners who have done as little as a weekend course have been able to masquerade as fully trained surgeons and call themselves cosmetic surgeons to beguile and deceive unsuspecting patients.”
Explaining the Ministers’ latest announcements, the post-meeting statement confirmed unanimous federal, state and territory government agreement “to urgent reforms to protect the public” by “ensuring medical practitioners providing cosmetic procedures are qualified and work to the highest health and safety standards”.
To that end, the meeting announced:
- “successful completion of the Regulatory Impact Statement required for Health Ministers to consider changing the National Law to ensure the title of ‘surgeon’ is used only by doctors who have the appropriate training”; and
- “agreement that new provisions under the Health Practitioner Regulation National Law will be created to enable the Ministerial Council to approve, by administrative instrument, a class or classes of medical practitioners that may use the title ‘surgeon’.”
The Ministers also confirmed:
- approval of funding for a “national public education campaign about the risks associated with cosmetic surgery and how to identify quality service providers”;
- initiation by the Australian Commission on Safety and Quality in Health Care (ACSQHC) of a “review of assessment processes for facilities where cosmetic surgery is performed and the national standards required to deliver safe, high-quality cosmetic procedures”;
- progression by the Medical Board of Australia (MBA) to “community consultation” on:
- a registration standard to support an ‘Area of Practice’ endorsement;
- higher professional standards; and
- tougher advertising requirements.
Australian Society of Plastic Surgeons president Nicola Dean told the Herald a national law would be a “game changer” for patient safety.
She summed up: “The statement outlines a suite of reforms which, when implemented, will set clear standards by defining the skills and qualifications for doctors who perform cosmetic surgery.
“This is great news for Australians.”
During the meeting, Ministers confirmed two amendments to the Health Practitioner Regulation National Law Regulation 2018:
- Health Practitioner Regulation National Law Amendment Regulation 2022 – this Regulation extends the jurisdiction of the National Health Practitioner Ombudsman to include oversight of external accreditation authorities and other entities performing accreditation functions under the Health Practitioner Regulation National Law and make minor amendments consequential to the amendments in the recently enacted Health Practitioner Regulation National Law and Other Legislation Amendment Act 2022 (Qld);
- Health Practitioner Regulation National Law Amendment (Paramedicine Qualification) Regulation 2022 – this Regulation reflects an update to a qualification in paramedicine issued by the Ambulance Service of New South Wales.
The Regulations will commence after publication by the Victorian Government Printer and, for Western Australia, after publication in the Western Australia Gazette.
