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Why do I need a Botox consent form?

02/08/2024

Do you understand Botox consent forms?

There are plenty of people out there wanting rid of their wrinkles. And it would seem, there are plenty of you out there offering a solution - Botox injections. All well and good.

But do you know how important it is to get your Botox consent form right?

What you do before giving someone Botox is just as important as what you do during the treatment itself. And here’s why…

Legal point of view

On a basic level, giving someone a treatment without getting their consent could actually be considered assault. That would mean facing a criminal conviction.

And just getting consent alone isn’t enough. It’s got to be what’s called 'informed consent'. That means the client has to have all the information about what could go wrong. Warts ‘n all.

If you don’t explain everything to them, and document that you’ve done so, you can be sued for negligence. That’s why insurers want to know you’re doing thorough consultations and consent forms, and keeping detailed client records, before they’ll agree to insure you.

Botox has to be prescribed by a medical professional. But it doesn’t have to be administered by one. If you’re a beautician qualified in injectables, and you’re getting your Botox prescribed by someone else, it’s important you understand the rules and laws around this.

The prescriber has overriding responsibility for the safety of your clients, as explained by the Joint Council for Cosmetic Practitioners (JCCP). So you owe it to them to get everything right when it comes to consent forms and client records. It’s not just your neck on the line if things go wrong.

What should you include in a Botox and filler consent form?

You can find lots of templates for consent forms online, and they’re a great place to start. Make sure the form is clear and concise. If your clients don’t understand what they’re reading, how will they know what they’re signing up for?

Here’s what you need to include in your Botox consent form:

  • Details of possible side effects and complications. This is a big one. Don’t be tempted to leave out things that could potentially put them off. Even if there’s only a 1-2% chance of something happening. They need to know the whole truth to make an informed decision.
  • Client information and medical history. As well as their basic details, get a full medical history. This will allow you to assess whether it’s safe for them to go through with the procedure. Remember that mental health is just as important as physical health.
  • How Botox works and what to expect. Explain in plain language how botulinum toxin works, what will happen during the procedure, and any sensations they may feel. Using pictures and diagrams can be a good way to show what you’re talking about in a simple and effective way.
  • Aftercare. Go into detail about what the client should do after the procedure, and how to make the Botox last as long as possible. Make sure it’s the right time for them – what are their plans after the procedure? Will they be able to take good care of themselves?

It’s all in the detail

When it comes to cosmetic procedures like Botox and dermal fillers, the more detail you can record, the better.

Most professional bodies advise a two-part consent process. This means having an initial face-to-face consultation and then giving the client a ‘cooling-off’ period before coming back to sign their Botox consent form. This gives them time to digest all the information you’ve given them and decide if they really want to go through with the procedure.

Get to know your clients. Assess their reasoning for having the treatment. What are their expectations? Are they having it for the right reasons? Will you be able to achieve the desired outcome?

Look at what cosmetic procedures they’ve had in the past and get their opinion on the outcomes of those procedures.

If you don’t think they’re the right fit for the treatment, you should say so. As difficult as that might be. You’ll be protecting yourself, and them, in the long run.

Treat them on an individual basis. A side-effect that might not seem like a big deal to one person could be really important to another, depending on their lifestyle. That’s why they need to know about all of them.

Allow them to ask questions. If they’re concerned about a particular aspect of the treatment, talk about it in as much detail as possible.

Document any conversations you’ve had with your clients. And make sure you take before and after photos, too. Your insurer will want to see these if a claim’s made against you. Keep everything together along with the consent form and be sure to hold on to all of it for a minimum of ten years.

What can go wrong

When you’re good at what you do, it’s easy to get complacent. But the thing with Botox and fillers is that when it does go wrong, it can have catastrophic consequences for both the client and you.

Especially if you haven’t put in the groundwork by having the right consent forms in place prior to carrying out the Botox and filler treatment……

Worst case, a client could react badly to the botulinum toxin or filler and be left with permanent damage. If they claim you didn’t warn them sufficiently about these possible side effects, or you didn’t check their medical history properly, it could spell big trouble. Due diligence is super important.

Or a client could claim you’ve not achieved what they’ve asked for. If you haven’t talked to the client in detail about their expectations beforehand, you could be in for a lengthy battle. So, it pays to find all this out during a consultation.

Either way, if they make a claim against you, defending yourself can not only be expensive, but disastrous for your reputation.

If your client records aren’t up to scratch, you could face some pretty tough lines of questioning. It could even mean not being allowed to perform cosmetic procedures in the future.

That’s why it’s vital to document as much as possible for every client. The more informed you both are, the better the outcome, and the less likely you are to be faced with a claim in the first place. Should it come to blows, at least you’ll know you have all the relevant information to prove that the client gave informed consent and that you acted professionally.

How insurance helps

So, aesthetic claims like this can be really complicated. And yes, that means expensive. Unless you have very deep pockets and legal know-how, you’ll soon come unstuck without insurance. Even if you’ve done nothing wrong.

Botox and dermal fillers insurance is there to protect you, and your clients, if you make a mistake in your work or hurt someone unintentionally. It’ll cover all your legal costs as well as any compensation you owe.

It’s important you adhere to the terms and conditions of your aesthetics insurance policy. Otherwise, there’s a danger of your insurer not paying out if there’s a claim. They’ll want to see evidence that you’ve used an appropriate Botox consent form and followed the rules.

Having insurance also signals to your clients that you have a duty of care and that you’re a responsible qualified practitioner. If you want to be registered with a professional body like Save Face, or the JCCP, having medical malpractice insurance (sometimes called treatment and professional liability insurance) is a requirement.

Want to know more about aesthetics insurance? We’re a trusted insurance broker with a dedicated beauty and aesthetics team. Give us a call on 0345 222 5391.

Image used under license from Shutterstock.

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