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11 Apr 2024
More than 35 health practitioners have faced regulatory action following investigations into their performance of cosmetic surgery or non-surgical cosmetic procedures, as part of a continuing crackdown on the industry.
Just 18 months after having established its Cosmetic Surgery Enforcement Unit, the Australian Health Practitioner Regulation Agency has worked with National Boards to complete its 200th cosmetic surgery and cosmetic practices notification about practitioners.
Around 9 per cent of the completed notifications to Ahpra have led to regulatory action for the practitioners involved, ranging from conditions imposed on practice, cautions issued and practitioners giving enforceable undertakings to improve their performance. In other cases, regulatory action was not required because practitioners had already changed their practices, or the stronger guidelines, that came into effect on 1 July last year, achieved the necessary impact.
Ahpra is currently managing 315 active notifications about 127 cosmetic practitioners, mostly medical practitioners and nurses.
As well as the 200-plus cases already completed, the Unit is continuing its in-depth investigations into practitioners who are the subject of serious and, in some cases, numerous complaints. This includes long and highly complex investigations into 15 practitioners subject to a combined 180 notifications.
Interim measures have been taken in these cases to protect the public while the detailed investigations continue, with seven of these practitioners either suspended or not currently practising, four banned from undertaking cosmetic surgery, and another four with restrictions on the way they undertake specific procedures, such as breast surgery or liposuction.
Investigations into two of these practitioners have concluded and the matters have been referred to state tribunals which is the most serious action a National Board can take. Interim restrictions remain in place until the tribunal makes a final decision.
Ahpra CEO Martin Fletcher said the work of the Cosmetic Surgery Enforcement Unit has made a significant difference to safety in the cosmetic industry, through its investigative efforts and on-going education of the public and practitioners about the risks and realities of cosmetic surgery.
‘Ahpra is proud of the work we have done with the Medical Board to act on dangerous practitioners more quickly using a specialist centralised team of regulatory experts focused on the cosmetic field.’
‘Resolving 200 cases in the past 18 months and taking interim action in relation to a further 180 notifications demonstrates that we are making an immediate impact, cleaning up the sector and acting to keep the public safe.,’ Ahpra’s National Director of Cosmetic Surgery Enforcement, Jason McHeyzer, said.
‘These investigations can be very detailed and involve interviews with dozens of witnesses, including highly vulnerable patients and colleagues, as well as expert analysis of complex medical records and clinical settings. We are always conscious of the huge amount of work required in some cases to both maintain public safety and ensure procedural fairness for the practitioners involved.
‘The sheer number of notifications and their complexity make these investigations among the largest and most detailed ever undertaken by Ahpra.’
In November 2021, Ahpra and the Medical Board of Australia commissioned an independent review of the cosmetic surgery industry in the wake of media reports that raised concerns about the alleged conduct of some medical practitioners.
In September 2022, the review made 16 recommendations to improve safety in the booming cosmetics sector. In response, Ahpra accepted all the recommendations and established the specialised Cosmetic Surgery Enforcement Unit with two specialist investigation teams and an advertising compliance team along with legal, clinical and administrative support.
The review also called for clearer standards and stronger guidelines for practitioners, a crackdown on advertising, and moves to tackle the under-reporting of issues – all of which are now in place. These measures have cleaned up cosmetic surgery advertising and put additional controls in place to prevent harmful practices. Ahpra has proactively audited the advertising of over 120 doctors and clinics resulting in identified issues being resolved, not just by the practitioners audited but across the whole industry.
‘The independent review was a landmark piece of work that confirmed the complexities of the cosmetic industry, the risks posed to patients and the need for a different regulatory approach to the sector,’ Mr Fletcher said.
Establishing a confidential cosmetic complaints hotline has been one of the big successes of increased enforcement in the cosmetic industry – with an average of nine calls received each week, or more than 700 calls since September 2022.
Information gathered through the hotline, sometimes anonymously, has been vital in detecting problems in the sector and led to action being taken against several practitioners.
‘Thank you to every one of the more than 700 people who have contacted the hotline to bring their concerns to us. It is better for everyone when we are notified when something isn’t right, because we can act to address poor practice to make patients safer.' Chair of the Medical Board of Australia, Dr Anne Tonkin AO, said.
‘We are 100% focused on patient safety. By recognising quality gaps and getting involved early, we can improve doctors’ practice, clean up the sector and give consumers confidence they will receive safer care,’ she said.
From 5 September 2022 to 25 March 2024:
“The sheer number and complexity of the complaints make these investigations among the largest and most detailed ever undertaken by Ahpra” – Jason McHeyzer, Ahpra’s National Director of Cosmetic Surgery and Compliance.