Question 5887 — commerce and crafts

Summary

Ms. Laure Miller draws the attention of the Minister Delegate to the Minister of the Economy, Finance and Industrial and Digital Sovereignty, responsible for commerce, crafts, small and medium-sized enterprises and the social and solidarity economy, to the absence of a precise legal definition of aesthetic care and the consequences for professionals in the sector. Currently, article 16 of the law of July 5, 1996 amended relating to the development and promotion of commerce and crafts provides that aesthetic treatments “can only be carried out by a professionally qualified person or under their effective and permanent control”. However, aesthetic care, in itself, does not benefit from any legal definition, apart from a response to an FAQ from the Ministry of the Economy, Finance and Industrial Sovereignty and digital. The lack of a clear framework on what exactly this care covers creates legal uncertainty for professionals in this sector. Certain practices, although mastered by these qualified professionals, are prohibited on the grounds that they could be assimilated to medical procedures. This regulatory void prevents them from fully exercising their profession and forces them to turn to technological alternatives. costly, weighing heavily on artisanal and independent structures. The ban on microneedling, a facial treatment using microneedles, reserved for health professionals due to the skin breakage that this practice implies, has constituted a constraint on the habits of aesthetic professionals. Such a ban does not apply, moreover, to tattooists and piercers, who benefit from a exemption allowing them to perform acts involving skin breakage without belonging to the medical profession. This regulatory inconsistency raises questions of fair treatment. The lack of a legal definition of aesthetic care harms the profession and slows down its development. This results in uncertainty for professionals as well as confusion for consumers regarding authorized practices, with regard to the twenty-two questions from the “Supervision of beauty care and hairdressing” FAQ. In this context, she asks him if the Government plans to include a clear legal and regulatory definition of aesthetic care in order to better regulate these practices and establish a precise distinction between acts relating to well-being and those requiring medical expertise. She would also like to know whether harmonization of rules linked to skin break-ins could be considered, in order to ensure regulatory consistency and equal treatment between the professions concerned.

Machine translation from French. The official text remains authoritative.

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