Health regulators are receiving frequent expressions of concern about “medical spas” that provide cosmetic procedures. Complex questions arise as to the legal authority to provide such procedures and the jurisdiction of regulators over non-therapeutic conduct. Alberta’s highest court has waded in on the interpretation of their provincial health regulatory legislation.
In Al-Hallak v Alberta College of Pharmacy, 2025 ABCA 419 (CanLII), a pharmacist performed various cosmetic procedures including injecting threads (dissolvable sutures) under the skin, administering platelet rich plasmas, and injecting Botox. The hearing panel found that the pharmacist had not complied with professional standards. However, the regulator’s internal appeal panel reversed those findings on the basis that those procedures were performed for cosmetic purposes and, thus, did not constitute a “professional service” that could be regulated by the College (at least as a standard of practice issue).
The Court disagreed with the appeal panel. The definition of the practice of pharmacy included “promoting health”. That phrase is broad and can include cosmetic services. Other health professions provide services related to the well-being of patients including patient concerns about their appearance. Also, limiting the jurisdiction of a regulator to the intention behind a procedure is unworkable. In order to protect the public interest (and public confidence) the legislation is to be interpreted to permit regulators to regulate the performance of health-type procedures that carry risk. The Court returned the matter to the appeal panel to address whether the hearing panel’s finding of a failure to meet professional standards in the context was reasonable (something the appeal panel had not addressed).
The Court addressed several other matters that mostly depended on the quality of the evidence before the hearing panel.
While the decision of the Court depended on the wording of the specific legislation, its general approach to taking a purposive interpretation of the role of health regulators oversight of cosmetic procedures is helpful for other jurisdictions.
