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Seanad Éireann debate -
Thursday, 1 Nov 2007

Vol. 187 No. 13

Cosmetic Surgery.

Writing in his column in The Irish Times this week, Dr. Muiris Houston raised valid questions regarding the lack of regulation of cosmetic surgery clinics. He asked why, for some inexplicable reason, the Minister for Health and Children established the Health Information and Quality Authority without giving it responsibility for private clinics. He also asked why a situation is allowed to exist whereby people who choose to pay for cosmetic surgery are left in a regulatory vacuum. He pointed out that in the absence of any clear-cut role for the HIQA, passing the buck from the Department of Health and Children to the HSE to the Medical Council is a poor substitute for proper regulation, a point with which I agree. He concluded his column by remarking “those choosing this option need to be aware that availing of unregulated private facilities may also result in substandard care and a potentially fatal outcome”.

Earlier this year, a woman died in a cosmetic surgery after a failed gastric-binding surgery. This tragic incident has clearly highlighted the need for proper regulation of cosmetic surgery clinics and cosmetic surgeons. The French surgeon involved in the surgery which led to the death of this woman has since been removed from the Irish Medical Council's register by High Court order pending a full fitness to practise inquiry.

This inquiry was prompted by the Royal College of Surgeons in Ireland expressing concerns about the lack of sufficient aftercare being provided by this surgeon who was flying in and out of the country to perform surgeries. This is not the first time the Irish Medical Council has expressed concern over this practice. In 2004 it issued a warning and found a surgeon guilty of professional misconduct for failing to provide continuity of care for his patient by leaving the country after the surgery. As far back as 2005 the consultant plastic surgeon, Dr. Michael Earley, called for regulation of cosmetic surgeons in clinics. He warned that this was essentially in the interests of patient welfare. In recent times the Minister for Health and Children has recognised the need for accreditation of both public and private health clinics. Many people are surprised this accreditation does not apply to private health facilities at the moment. It is now time for the Minister to legislate on this issue to prevent any further deaths.

The difficulties caused by lack of regulation are clear to see. For example, on the website of the cosmetic clinic where the woman died in surgery, the successes of the surgery are listed as well as the dangers of obesity, but the risks associated are not emphasised and neither is the ongoing aftercare required. Furthermore, when I looked at the site last week it still listed the French doctor as a specialist surgeon, ignoring the fact that he has been suspended from the register. The Irish Association of Plastic Surgeons has voiced its concern over cosmetic surgery clinics. Surprisingly, it is pointed out that the industry is unregulated, advertising can be misleading, patients should be referred by their general practitioners, clinics should provide continuity of care for patients who undergo procedures, best practice indicates there should be a cooling off period between consultation and procedure, and clinics should be open and honest about complications. Procedures should be carried out in appropriate surroundings and those operating in cosmetic surgery clinics should be properly qualified and registered with the Irish Medical Council.

At present there are no restrictions on practising cosmetic surgery in Ireland. Under the law a GP or anyone trained as a doctor is permitted to carry out cosmetic surgery even though he or she has not undergone specialist training. The RCSI recommends that specialist registration should be a minimum requirement for those working in the plastic surgery industry.

In view of the increase in demand for such surgical procedures and calls by senior people in the Irish medical profession for regulation, I urge the Minister for Health and Children to examine this cosmetic surgery industry with a view to introducing regulation. The industry is apparently worth €20 million per annum in this country alone. It clearly generates significant profits and there is significant demand for such procedures. It is now crucial that patients should undertake such procedures, if they so desire, in the knowledge that the industry is regulated, the surgeon is registered and that any potential risks or complications of surgery have been explained in full to them. They must have the assurance that the clinic is obliged to provide the necessary and comprehensive level of aftercare for which the Irish Medical Council has highlighted the need.

Gabhaim buíochas leis an tSeanadóir Fitzgerald as an cheist seo a ardú. Is oth liom a rá nach bhfuil an tAire Sláinte agus Leanaí ar fáil.

I shall be taking this Adjournment on behalf of my colleague, Deputy Mary Harney, Minister for Health and Children. The case referred to by the Senator is tragic and I extend my condolences to the family concerned. It would be inappropriate for me to comment in detail on any individual case. However, I understand this matter has been before the High Court and is at present under scrutiny by the Irish Medical Council.

Under the Medical Practitioners Act 1978, the Irish Medical Council is charged with responsibility for the registration of medical practitioners and the regulation of their activities. The function of the council is to protect the public through implementing appropriate standards and controls on the medical profession. All doctors practising medicine in Ireland should be registered with the Irish Medical Council. Persons who avail of the services of doctors performing plastic surgery should endeavour to seek the services of reputable providers. When invasive procedures are being arranged, persons are strongly advised to check that the services are provided by a medical practitioner who is appropriately registered with the Irish Medical Council. In addition, before agreeing to undergo any procedure, persons should ascertain the level of follow-up medical support which will be available to them after the surgery has been completed.

The Irish Medical Council produces a Guide to Ethical Conduct and Behaviour in accordance with section 69(2) of the Medical Practitioners Act. This publication includes guidance for doctors on the required standard for practice premises and standards in relation to centres of health care. The council is in a position to consider alleged breaches of the guide in respect of doctors registered with it. Where a concern arises about the professional activity of a registered medical practitioner, the Irish Medical Council has the power to investigate the circumstances of the complaint and, if a prima facie case exists, to conduct an inquiry. Where a finding of professional misconduct or unfitness to practise is made against a doctor, the council has the authority to suspend, limit or revoke the registration of that individual.

The new Medical Practitioners Act was signed into law earlier this year and includes new requirements for the registration of medical practitioners, changes to the fitness to practise process and the introduction of a mandatory scheme of competence assurance for all doctors practising independently. The process of commencing the various provisions of the Act is under way.

The Government is committed to ensuring the delivery of the best quality health service possible and doing so both effectively and efficiently. The Government believes that to do this we have to reform the health service radically and we are well advanced in that process. Earlier this year the Department of Health and Children made significant progress on this journey with the adoption of the Health Act 2007. This legislation provides for the establishment of the Health Information and Quality Authority, HIQA. This represents a crucial element of the reform programme and is a new departure for the health services.

In January 2007 the Department of Health and Children established the commission on patient safety and quality assurance to develop proposals for a health service system of governance based on corporate accountability for the quality and safety of all health services. One of its terms of reference is to examine and make recommendations specifically relating to a statutory system of licensing for public and private health care providers and services.

The commission is seeking submissions from the public and key stakeholders on the issues within its remit and welcomes views from all quarters. I understand the Irish Association of Plastic Surgeons recently made a submission to the commission in which it outlined its concerns about the need for specific regulation in this area of practice. I very much look forward to the recommendations from the commission on patient safety and quality assurance which is due to report by the middle of next year.

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