Ministry reviewing cosmetic surgery rules amid concerns

The government is currently analysing existing legislation covering cosmetic surgery in Luxembourg to establish if it is fit for purpose, amid developments in the range of treatments offered by the industry, Health Minister Martine Deprez has said.

A television documentary in the US recently exposed dangerous practices in the country’s under-regulated cosmetic surgery and aesthetic medicine industry – a situation which the programme, Last Week Tonight, noted is little better in many European countries.

Following the broadcast, Pirate deputy Sven Clement asked the health minister about regulation of the industry in Luxembourg, as well as how many people have suffered from botched procedures.

Aesthetic treatments in Luxembourg fall under the 1983 law on doctors, dentists and veterinarians, which stipulates that only licensed practitioners can carry out procedures. The law also makes clear that all acts of skin incision are subject to the same regulation.

Some injections can be administered by other registered health professionals – though only under prescription from a doctor, health minister Martine Deprez wrote in response on Wednesday.

Because aesthetic medicine is not recognised as a specific branch of medicine in Luxembourg, there is no official record of how many people work in it. Conversely, this also means that any doctor can theoretically perform cosmetic procedures, Deprez said.

The Health Directorate is responsible for monitoring aesthetic medicine and has the authority to visit and investigate premises, including health spas, that are suspected of violating the law. It has carried out six such inspections so far this year, Deprez said. When the directorate confirms a breach, the medical college is also permitted to investigate if it sees fit.

So far, only one case of faulty botulinum toxin, used in botox injections, has been investigated in Luxembourg. It, along with other related products, is classified as medicine in Luxembourg, Deprez said, which means only pharmacies or hospitals can import it.

Regulation may have worked to date, but Deprez said the aesthetic medicine field is changing rapidly. “As the range of aesthetic treatments is growing rapidly, an analysis is currently underway in the Ministry of Health and Social Security on the development of the legal framework in neighboring countries, before deciding on any necessary legal adjustments.”

One possible area for clarification could be in the area of aesthetic procedures for minors, as current legislation states only that under-18s should be as involved as possible when making decisions about medical procedures, on one hand, but that they are prohibited from cosmetic procedures like body piercings (apart from ear lobes) and tattoos, on the other.