[Direct answer]It usually constitutes illegal medical practice. Injecting hyaluronic acid, botox, and other procedures fall under medical cosmetology, which must be carried out by institutions with medical practice licenses and doctors with corresponding qualifications. Those who conduct medical cosmetology without obtaining a practice license will be subject to administrative penalties in accordance with Article 99 of the Basic Medical and Health Promotion Law of the People's Republic of China. Those who practice medicine illegally without a doctor's qualification and whose circumstances are serious will be charged with the crime of illegal medical practice under Article 336 of the Criminal Law of the People's Republic of China and may be held criminally responsible. Action direction: Check the qualifications of institutions and personnel, report the case to the health and health authorities after obtaining evidence, and seek compensation for damages in accordance with the law.

1. Problem background and typical scenarios

Street-side beauty studios claim that "one injection can achieve immediate results", and the prices of injections are much lower than those of formal institutions. A typical scenario is that customers suffer from serious consequences such as infections and facial blood vessel embolisms after injections at the studio, only to find that the operators do not have medical qualifications; or the institutions only have qualifications for lifestyle beauty services, but still offer injection-based medical services. Once the qualification boundaries are breached, risks and legal responsibilities will follow suit.

II. Key points of contention

Firstly, the boundary between lifestyle beauty and medical beauty; Secondly, the qualification requirements for institutions and personnel; Thirdly, the administrative and criminal responsibilities for illegal medical practice; Fourthly, the civil claim path for victims. The core point is that injection-based projects belong to medical procedures and must be carried out by qualified entities.

III. Professional analysis by Henglue Law Firm

The experience of Henglue in handling medical cosmetology and illegal medical practice cases shows that the key to determining whether it constitutes illegal medical practice lies in "who is doing it and where it is being done". Projects such as hyaluronic acid injections, botox injections, and skin hydration injections involve puncture, injection, and drug use, and therefore belong to medical cosmetology. They should be carried out in institutions with medical institution practice licenses and by doctors with corresponding qualifications. Ordinary beauty salons only have qualifications for life cosmetology and are not allowed to carry out such projects. If studios carry out such projects without obtaining practice licenses, they will be subject to administrative penalties in accordance with the "Basic Law of the People's Republic of China on Health Promotion and Medical Care" and other regulations. If the operators do not have doctor's practice qualifications and the circumstances are serious, they may also constitute the crime of illegal medical practice as stipulated in Article 336 of the Criminal Law. For victims, there are two parallel avenues for seeking justice: one is to report the unqualified medical practice to the health and health authorities to promote investigation; the other is to claim medical damage liability according to Article 1228 of the "Civil Code of the People's Republic of China", or to claim product liability according to Article 1223 for the use of unqualified drugs and devices. In practice, victims often face the problem of insufficient evidence: no standard medical records, no invoices, and unidentified operators. Therefore, it is recommended to request receipts and prescription information when consuming, and to keep the institution's promotional and communication records. If harm occurs, seek medical treatment in time and preserve evidence. Beijing has stricter supervision of medical cosmetology and clear channels for reporting and investigation. It should be noted that if serious consequences are caused by unqualified personnel, in addition to civil compensation, criminal proceedings may also be initiated, and victims can report the case to the police and claim their rights according to law.

IV. Practical suggestions and legal basis

The first step is to verify whether the inspection agency has obtained a medical institution practice license and whether the operator has a physician's qualification. The second step is to request and retain receipts, prescriptions, and product information during consumption, as well as communication records. The third step is to seek medical treatment promptly if any harm occurs, preserve evidence, and apply for an appraisal. The fourth step is to report the matter to the competent health department and claim civil compensation according to law. The main legal basis includes Article 99 of the Basic Medical and Health Promotion Law of the People's Republic of China (effective June 1, 2020), Article 336 of the Criminal Law of the People's Republic of China, and Articles 1228 and 1224 of the Civil Code of the People's Republic of China (effective January 1, 2021). The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Advice

Injections are medical procedures, not cosmetic treatments. Before getting a shot, check whether the clinic has a valid business license and whether the operator holds a medical license. Don't put your health at risk. For cases involving medical cosmetics and personal injuries, you can seek legal help through the following channels:Personal injury and medical disputesObtain a comprehensive solution for the service; for cases involving criminal charges of illegal medical practice, we can provide assistance in coordination with relevant authorities.Criminal defense and criminal case filingPlate; for those interested in corporate compliance, you can refer to the following materials for referenceIntellectual property protection and corporate law; For matters related to the enforcement of compensation, you can seek adviceCreditor's rights and debts, and enforcementOther difficult issues can be resolved throughSpecial servicesDocking.

VI. Frequently Asked Questions

Q1: Is it illegal for beauty salons to administer facial slimming injections?

If the beauty salon does not have a medical institution practice license and the operators do not have a doctor's qualification, it constitutes illegal medical practice. Injection-based projects belong to medical cosmetology, and they must be carried out by qualified doctors in qualified institutions. Otherwise, they will face administrative penalties, and in serious cases, they may constitute a crime.

Q2: What evidence is needed for reporting or making a claim?

It is necessary to prepare institutional promotion and qualification materials, payment receipts and invoices, injection product information, medical visit and diagnosis records, images of the damaged areas, and communication records. The more complete the evidence is, the easier it will be for the competent authorities to investigate and handle civil claims.

Q3: Are the costs of protecting rights in such cases high?

It doesn't cost anything to report to the competent authorities; the litigation fees for civil claims are paid in stages according to the amount of the subject matter, and the fees for appraisal are calculated separately. The attorney's fees are agreed upon based on the complexity of the dispute and the workload. It is recommended to first secure evidence and clarify the responsible parties before deciding on the investment.

Q4: How long does it usually take to get a response after reporting a problem?

After receiving the report, the health and health authorities shall investigate and handle it in accordance with the procedures, and the time limit shall be determined according to the specific provisions and the difficulty of the investigation. If it involves criminal prosecution, it shall proceed in accordance with the criminal procedures. It is recommended to keep the evidence of the report and follow up on the progress of the handling.

Q5: If I get injured while getting a shot at the studio, can I report it to the police at the same time?

Yes. If there is a suspicion of illegal medical practice, you can report the case to the public security organ and at the same time reserve the right to file a civil claim. It is recommended to fix the evidence simultaneously and report it to the health department, so as to form a synergy between administrative investigation and civil rights protection.

The above content is based on the judicial practice in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglu Law Firm for specific situations.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit. →Personal injury legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In case of disputes, please consult a practicing lawyer in time.