Offence of administering certain substances to a child
1
1
It is an offence for a person to administer, in England, to another person (“A”)—
a
botulinum toxin, or
b
a subcutaneous, submucous or intradermal injection of a filler for a cosmetic purpose,
where A is under the age of 18.
2
A “filler” is any substance used for dermal or mucous membrane filling (whether or not designed to be so used).
3
For the purposes of subsection (1)(b), an injection of a filler is, in particular, to be taken to be for a cosmetic purpose if—
a
the filler is generally used for such a purpose, or
b
the likely effect of the injection is to alter the appearance of the person injected.
4
It is a defence for a person charged with an offence under subsection (1) to show that at the time of the alleged offence—
a
the defendant was a registered medical practitioner,
b
the defendant was a regulated health professional who, in administering the botulinum toxin or the filler (as the case may be), was acting in accordance with the directions of a registered medical practitioner, or
c
the defendant—
i
had taken reasonable steps to establish A’s age, and
ii
reasonably believed that A was aged 18 or over.
5
A person is taken to have shown a matter mentioned in subsection (4) if—
a
sufficient evidence of the matter is adduced to raise an issue with respect to it, and
b
the contrary is not proved beyond reasonable doubt.
6
A person who commits an offence under subsection (1) is liable on summary conviction to a fine.
7
In this section “regulated health professional” means—
a
a registered nurse;
b
a registered dentist within the meaning of the Dentists Act 1984 (see section 53 of that Act);
c
a registered pharmacist within the meaning of the Pharmacy Order 2010 (S.I. 2010/231) (see article 3 of that Order);
d
a registered person within the meaning of the Pharmacy (Northern Ireland) Order 1976 (S.I. 1976/1213 (N.I. 22)) (see Article 2 of that Order).