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The Regulation of Cosmetic Procedures: Legal, Ethical and Practical Challenges

Autor Melanie Latham, Jean McHale
en Limba Engleză Hardback – 14 mai 2020
This book examines the legal, ethical and regulatory debates surrounding the rise of the cosmetic procedures industry.

In the past, cosmetic procedures were often seen as limited to a small number of wealthy older women. Today, such procedures have gone mainstream, partly facilitated by the rise of ‘non-invasive’ techniques, such as the use of Botox and Dermal Fillers. While still a business dominated by the female consumer, there is also an increasing number of males undertaking cosmetic procedures as social expectations around appearance and ageing are challenged. At the same time, the rapid expansion of this business and the incoherent, diverse approach to its regulation have given rise to concern. It has been seen as a ‘Wild West’. If cosmetic procedures go wrong, such procedures give rise to real risks of harm.

This book examines the historical backdrop, current practice and risks associated with cosmetic procedures. It discusses the ethical and regulatory challenges for this area. It also examines the current legal frameworks concerning people, practitioners and products in the UK. The book also draws lessons from regulatory approaches in other jurisdictions with particular reference to the United States, Brazil and France. It then sets out a legal and regulatory framework that might better protect and empower the cosmetic consumer, now and in the future. The book is likely to be of particular interest to those working in the areas of health and medical law, socio-legal studies and political science.
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Specificații

ISBN-13: 9781138593046
ISBN-10: 1138593044
Pagini: 258
Dimensiuni: 156 x 234 x 21 mm
Greutate: 0.51 kg
Ediția:1
Editura: Taylor & Francis
Colecția Routledge
Locul publicării:Oxford, United Kingdom

Cuprins

TABLE OF CONTENTS
Preface and Acknowledgements


Chapter 1 Cosmetic Procedures: Histories, Risks and Responses
  1. Introduction
  2. Historical Background to Cosmetic Procedures and their Regulation
  1. Cosmetic Procedures: Scandals, Risks and Responses.
  1. Conclusions and Framework of the book




Chapter 2: Cosmetic Procedures: Ethical Principles and Dilemmas

  1. Introduction
  2. Personal choice, autonomy and feminist ethicsThe culture of cosmetic procedures
    A matter of agency
  3. Cosmetic Procedures and a matter of BeneficenceCosmetic Procedures- a question of "do no harm"
    Harms and discrimination
    Harms: children and adults lacking mental capacity
  4. Cosmetic Procedures: a question of Justice?
  5. Conclusions





Chapter 3: Theories and Models for Future Regulation

  1. Introduction
  1. Self-Regulation and Compliance mechanisms
  1. The rise of agencies
  1. Regulation responsive to risk


  1. Lessons from Current Regulatory Models from the UK Health sector.
Regulatory oversight of healthcare providers: The Care Quality Commission
Regulatory oversight of health professional bodies: The Professional Standards Authority.
Regulatory bodies for a specific area of healthcare activity: Case study of the Human Fertilisation and Embryology Authority and the Human Tissue Authority
Conclusions
Chapter 4: Cosmetic Procedures and the Law: Autonomy and Legality
  1. Introduction
  2. Consent to Involvement in Cosmetic Procedures and the Criminal LawConsent and the medical exception
    Prosecuting "Cosmetic" procedures outside "the medical exception"- the case of R v BM
    The Criminal Law and Female Genital Cosmetic Surgery
    The reality of consent to surgery and the criminal law: the case of Ian Paterson





  3. Informed Consent: Cosmetic Procedures and the Law of Tort
  4. Capacity, Adults and children and consent to cosmetic procedures
  5. Conclusions


Chapter 5: Cosmetic Procedures, Law Safety, Products and People
  1. Introduction
  2. Liability of Practitioners for Harm caused to the Consumer
Liability in Contract
Liability in Negligence
Accountability and the "fly in- fly out" practitioner
The effectiveness of litigation as a remedy and the use of arbitration
Liability in Criminal Law for gross negligence manslaughter
  1. Safety of products used in cosmetic procedures
Regulating Product Safety
Liability for Defective Products
  1. Safety of premises




  1. Professional Regulation of Providers of Cosmetic Procedures
Role of the General Medical Council in providing guidance on Cosmetic Procedures.
Role of the Royal College of Surgeons of England
Movement to more comprehensive oversight and regulation
European Standards for Aesthetic Surgery Services
The Joint Council for Regulation of Cosmetic Procedures Establishment and Scope
Scotland and the Regulation of Cosmetic Procedures and Practitioners.
Advertising, Marketing and Social Media
  1. Conclusions




Chapter 6: Comparative Dilemmas from the Global Cosmetic Procedure Market
I. Introduction
II. Cosmetic Procedures, Regulation and Safety in the US
Training of Cosmetic Practitioners in the US
US regulation of cosmetic surgery: the example of California
US regulation of non-invasive cosmetic procedures: the example of Florida
  1. Cosmetic Procedures and Regulation in Brazil
    The influence of culture on cosmetic treatments in Brazil
    Regulation of cosmetic procedures in Brazil
    Cosmetic surgeons and training in Brazil

    IV. Cosmetic Procedures and Regulation in France

    Cosmetic surgery regulation in France – the Kouchner law of 2002
    The "devis" and informed consent
    Minors and cosmetic procedures
    Advertising and publicity for cosmetic surgery
    Licences for cosmetic surgery
    Qualifications and training
    Bringing proceedings against practitioners
    Regulation of non-invasive cosmetic procedures
    Regulatory bodies and cosmetic procedures


  2. Conclusions






Chapter 7: Conclusions: Regulating the Cosmetic Procedure Industry, a Question of Law, Ethics and Safety.
I. Introduction
II. Regulating Cosmetic Procedures a New Legal Framework
Future Regulatory options
Regulation of practitioners undertaking cosmetic procedures by a new regulatory body
Consent
Regulation of procedures undertaken on minors and adults lacking mental capacity.
Female Genital Cosmetic Surgery
Advertising, Print, Broadcast and Social Media

  1. Conclusions, Cosmetic Procedures Regulation and the Global Market


Bibliography


Notă biografică

Melanie Latham, Reader in Law, Manchester Metropolitan University. Jean V. McHale, Professor of Health Care Law, University of Birmingham.

Descriere

This book examines the legal, ethical and regulatory debates surrounding the rise of the cosmetic procedures industry.