[Direct answer]In the Beijing area, compensation must be paid, and the party involved may also face punitive damages. Medical cosmetology is a medical procedure, and according to the "Measures for the Administration of Medical Cosmetology Services" (implemented on May 1, 2002 and amended in 2016), institutions offering medical cosmetology services must obtain a "Medical Institution Practice License", and the attending physicians must possess the corresponding professional qualifications. For those who conduct medical cosmetology without qualifications, if damage occurs, they shall bear medical damage liability in accordance with Article 121-8 of the "Civil Code of the People's Republic of China" (implemented on January 1, 2021); if it constitutes consumer fraud, they may claim a refund and three times the compensation in accordance with Article 55 of the "Consumer Rights and Interests Protection Law of the People's Republic of China" (amended and implemented on October 25, 2013); and in serious cases, they may also be suspected of the crime of illegal medical practice under Article 336 of the "Criminal Law of the People's Republic of China". The scope of compensation includes repair and treatment costs, loss of income, nursing care costs, disability compensation, and compensation for mental distress. Action guidance: First, verify the qualifications of the institution and the doctor through official channels of the health and wellness department; fix the medical records and pre- and post-operative photos; and claim compensation after applying for an appraisal.

I. Problem Background and Typical Scenarios

Low-cost medical beauty services, unlicensed studios, and door-to-door injections are common forms of illegal medical beauty practices. Patients may face infections after injectable fillers, facial unevenness, tissue necrosis, and even life-threatening complications due to improper anesthesia and procedures. After incidents occur, such institutions often close down, disappear, or reopen under new names to continue operating. Patients' top concerns include: whether they can recover their money, obtain multiple times compensation, and whether criminal charges can be brought against the responsible parties.

II. Key points of contention

Firstly, the boundaries and qualification requirements of medical cosmetology and lifestyle cosmetology. Secondly, the basis of civil liability for unqualified medical cosmetology, whether it is medical damage liability or consumer fraud. Thirdly, the applicable conditions of punitive damages. Fourthly, the connection between administrative reporting and criminal accountability.

III. Professional analysis by Henglue Lawyers

The cases of unqualified medical beauty services exhibit the characteristics of overlapping triple responsibilities in civil, administrative, and criminal law. Firstly, qualification requirements: Any surgical, drug-based, or injection-based procedures constitute medical beauty services, requiring institutions to obtain medical institution practice licenses and operators to possess physician qualifications and corresponding professional credentials. Beauty salons can only provide non-invasive skin care services and are prohibited from offering injection or laser treatment services. Any operation beyond these scope constitutes an illegal activity. Secondly, civil liability: In cases of personal injury, medical liability applies, with institutions and operators bearing compensation responsibilities based on their fault and causality. If they conceal their unqualified status or deceive customers with falsified qualifications, they also commit consumer fraud, allowing consumers to claim refunds and triple compensation under the Consumer Rights and Interests Protection Law. Thirdly, the key points of punitive damages: Punitive damages require proof of the operator's fraudulent conduct, such as falsely claiming qualifications, impersonating doctors, or making false claims about product sources. Preserving promotional materials, chat records, and billing documents is crucial in establishing fraudulent intent. Fourthly, administrative and criminal penalties: Unqualified medical beauty operations may result in orders to cease practice, confiscation of illegal gains, and fines from health authorities. Use of counterfeit drugs or unapproved medical devices will face separate legal action. Causing serious harm or death to patients may constitute the crime of illegal medical practice or other offenses, allowing victims to report cases to public security authorities. Fifthly, remedial pathways: First, seek medical treatment to control damage and retain all medical records and bills, along with pre- and post-operative photos to demonstrate injury progression. Simultaneously, report unqualified operations to health authorities and request investigations. Administrative findings can strengthen civil claims. Next, initiate litigation for compensation and punitive damages, with criminal cases reported separately. Beijing authorities strictly regulate and investigate illegal medical beauty services. Official channels allow verification of institutional and physician licenses, making pre-visit verification the most cost-effective self-protection measure.

IV. Practical suggestions and legal basis

The first step is to verify the institution's practice license and the physician's qualifications through the official channels of the health and wellness department before seeking medical treatment. The second step is to immediately seek treatment at a regular hospital upon sustaining harm, and to preserve medical records, expense receipts, and pre- and post-operative photos. The third step is to report unlicensed operations to the health and wellness department and obtain investigation materials. The fourth step is to claim compensation and, if fraudulent conduct is suspected, to claim triple compensation. If the case involves criminal activity, a report should be filed with the public security authorities. Main legal basis: Articles 121, 122, 179, and 183 of the Civil Code of the People's Republic of China (effective January 1, 2021); Article 55 of the Consumer Rights and Interests Protection Law of the People's Republic of China (amended and implemented on October 25, 2013); The Measures for the Administration of Medical Cosmetology Services (effective May 1, 2002 and amended in 2016); Article 336 of the Criminal Law of the People's Republic of China; Specific applications shall be subject to the currently effective regulations.

5. Henglu Law Firm's Reminder

Three tips for unqualified medical beauty services: First, check the qualifications of the institution and the doctor. You can find out by searching on official channels; If harm occurs due to unqualified services, compensation will be paid according to medical damage; If there is fraud, you can claim three times the compensation; Administrative reporting and criminal reporting can be done in parallel, which can significantly strengthen civil claims. For personal injury cases involving medical beauty, you can proceed through legal channels.Personal injury and medical disputesThe service provides a comprehensive solution, and cases involving illegal medical practice and criminal reporting can be handled jointlyCriminal defense and criminal case filingFor reference, please refer to the sections on consumer fraud and contract termsBusiness and contract disputes in enterprisesFor the column, you can consult about appraisal and evidence preservationSpecial servicesTeam.

VI. Frequently Asked Questions

Q1: How to determine whether an institution is qualified to provide medical aesthetic services?

Two verification steps: First, check whether the institution has obtained a medical institution practice license and whether its medical treatment items include medical cosmetology through the official channels of the health and health departments; Second, verify whether the operators have a physician's qualification and corresponding professional qualifications. Stores that only have a business license for lifestyle cosmetology are not allowed to carry out invasive projects such as injections and laser treatment. Conducting such projects beyond the scope of their business is illegal.

Q2: What evidence do I need to prepare to protect my rights in the field of unlicensed medical beauty services?

There are five key categories: publicity and qualification information of institutions and personnel (pages, advertisements, chat records); evidence of services and payments (contracts, receipts, transfer records); process evidence (medical records, informed consent forms, injection product information); damage evidence (preoperative and postoperative photos, formal hospital medical records and diagnoses, expense invoices); and materials for reporting and investigation (the acceptance and handling results of the health and family planning department).

Q3: Can I request a refund and compensation of three times the original amount? How much will it cost?

If the operator engages in fraudulent activities (such as falsely claiming to have qualifications, impersonating a doctor, or making false advertising), the consumer can claim a refund and triple compensation according to the Consumer Rights Protection Law. The main costs involved are appraisal fees, litigation fees, and attorney's fees. For cases involving large sums of money or serious damages, it is recommended to hire a lawyer to sort out the evidence of fraud and the basis of the claim, in order to increase the probability of obtaining support for punitive damages.

Q4: How long does it take from protecting one's rights to receiving compensation?

The investigation of administrative complaints usually takes several weeks to months, and can be advanced in advance; the first-instance ordinary procedure of civil litigation generally lasts from three to six months, and the period will be extended accordingly if it involves appraisal and the transfer of criminal clues. If the operator is out of contact, it is necessary to serve the documents by public announcement and may add the actual controllers, which will prolong the period. Therefore, it is necessary to fix the evidence and property clues as soon as possible.

Q5: If the institution closes down and disappears, can I still protect my rights and interests?

Yes, but it must be done promptly. Fix the evidence of publicity, payment, and medical records as soon as possible, report it to the health and health department and obtain the investigation materials; verify the business registration of the operating entity and its actual controllers, and claim that the actual operators and implementers should bear responsibility; report the suspected crimes to the public security organ. If necessary, apply for property preservation to prevent the transfer of assets from affecting subsequent compensation.

The above content is based on the compilation of judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglue Lawyers for specific situations.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials 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 open 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. If a dispute arises, please consult a practicing lawyer in time.