Licensing…

What is the Conversation About?

It is all about acupuncture and how we are licensed.  There are two issues:

1. There is a consultation currently underway by the UK government to regulate non-surgical cosmetic procedures. 
2. There is a consultation that is further ahead to introduce mandatory procedures to include acupuncture in Wales

We created a AAC Video as we wish to be transparent about initiatives that may affect all Acupuncturists.

Will any of this affect me? 

…Potentially

The Non-Surgical Cosmetic Procedures process is currently at the stage of determining what treatments are in-scope.  They have told us that unlike some treatments, it is not obvious as to whether acupuncture will be in scope or not.  They have explained the proposed framework and definitions of what is ‘in scope’ and we can see how it could be argued that acupuncture falls ‘in scope’ despite it not being a cosmetic procedure.  Equally there is the administration of legislation.  If it is hoped that there will be one piece of legislation covering cosmetic procedures and special procedures – this will leave a question about how to control acupuncture.

What will this mean if acupuncture is in-scope?

We have been given some insight into the proposed framework.  The framework is likely to be very prescriptive with respect to treatment modalities/standards/potential oversight by CQC or HCPC.

Acupuncture, could, if in scope, be in the green category which currently does not have plans to require oversight, but given that it is not decided whether acupuncture is planned to be in scope, then it could feasibly end up in the amber category which would require oversight.

We have also been told that it is likely that there will be licensing required for the practitioner and also for the premises. 

Why are you telling us about this now?

We want to be transparent about initiatives that may affect us all.  It is our aim to be involved in the discussions as much as possible.  We are asking questions all the time about plans and objectives from all involved to understand as much as possible and are sharing our concerns as we go along.  We hope that we are not adversely affected, but whilst this initiative has components of HCPC/CQC oversight and additional licensing – if acupuncture is in scope then things will change for us. 

Whatever happens, it is our duty to be involved as far as possible to highlight where we see something that has the potential to adversely affect how we practice. 

Why do we not want oversight?

Ideally our profession would come together to address standards of training and competency and aim to self-manage through a Royal Charter.   We can only do this if we find common ground together and are inclusive.  Shutting people out because they don’t have the same training as others just creates a fractured profession.  We are working towards improving standards and building bridges to raise training levels.   We are well placed to manage our own profession without government intervention.  Having acupuncture managed by medics is not part of our strategy.

Why is Wales relevant to me?

The Welsh Dept of Health and Social Services have produced the draft regulations for their Mandatory Licensing Procedures.  Although this is still part of the consultation – these are draft regulations so there is not much room for negotiation.  This means that Acupuncturists in Wales are subject to:

• Undertake Level 2 Award in Infection Control Training and test. Around £100
• A Special Procedures Licence for the Practitioner £203
• A per Premises licence £345 (application must contain scale drawing showing location of workstation/sinks/facilities)
• 3 yearly Renewal fee  £189
• DBS  certificate
• local authorities will inspect premises and visit practitioners as part of the application process, to discuss how they have applied their infection prevention and control knowledge within the workplace and gain assurance that the standards contained in the licence conditions can be achieved.
• people will only be permitted to ‘work from home’ if they have a purpose-built workroom equipped, inspected, and licensed to the same standards as a studio or other business premises.

This applies to anyone who “runs” a premises even if not an acupuncturist.

Exemption

There is no exemption for Acupuncturists regardless of PSA registration.

This is a good and current example of what has happened within the UK.  We know that those involved in both of these initiatives are collaborating and although they are different in nature, they tell us that fees are only cost covering and not to make a profit.  We have to wonder why councils anywhere else would charge less. 

Are we scaremongering?

This is a consultation designed for the aesthetics industry and the aim is to provide far more management over how aesthetics practitioners are trained and supervised.  Whatever is applied to this sector would be applied to acupuncture.  We are simply potentially being swept up in this due to the fact that we are an un-regulated special procedure.  If we did decide to look for regulation for our profession – we would not choose to be governed together within the aesthetics industry.

So What Can I do?

We are telling you what we know.  Only to be transparent and to let you know our position when we represent you.  We have not yet written to those in charge.  We wanted to ensure that we had got your support first for the position that we are taking. 

We also know that the BAcC has taken a different stance (please see their 7th Dec 2023 statement and 12th February 2024 video.  We have written to each member of the Governing Board in this regard and asked for open dialogue so that we can consider the issues as they come up in this consultation together.  We hope that they will agree to a discussion.  We know that all membership organisations of BAF and some other membership organisations outside of BAF support our position but obviously the BAcC view is an important one also.  The Welsh consultation made reference to our profession being fragmented.  We would like to show that we are capable of coming together to support all of our profession so that we have no need of government intervention.