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…mehr
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.Hinweis: Dieser Artikel kann nur an eine deutsche Lieferadresse ausgeliefert werden.
Melanie Latham, Reader in Law, Manchester Metropolitan University. Jean V. McHale, Professor of Health Care Law, University of Birmingham.
Inhaltsangabe
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 ethics The culture of cosmetic procedures A matter of agency 3. Cosmetic Procedures and a matter of Beneficence Cosmetic 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 Law Consent 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
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 ethics The culture of cosmetic procedures A matter of agency 3. Cosmetic Procedures and a matter of Beneficence Cosmetic 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 Law Consent 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
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