Rights
Your rights during a cosmetic treatment
In brief
A cosmetic treatment by a doctor falls under the Dutch Medical Treatment Agreement Act, which governs the relationship between care provider and patient. That gives you concrete rights: you must be informed in a way you understand before you consent, you may see and correct your record, your data is kept for twenty years, and your doctor is bound by confidentiality.
Information before you decide
Your doctor must inform you clearly about the nature of the treatment, the expected result, the risks, the alternatives and the costs. Clearly means in language you understand, not in professional jargon.
For cosmetic treatments a particularly heavy duty to inform applies, because there is no medical necessity. There is nothing to weigh against illness or symptoms; the only scale is your own wish set against the risks. That makes the quality of the information decisive.
Consent, and the right to change your mind
Without your consent no treatment may take place. That consent must rest on the information described above, which is why it is called informed consent.
You may withdraw your consent at any time, including while sitting in the treatment chair. That costs you nothing beyond the consultation, and it is not a problem. A doctor who reacts with irritation to that is giving you important information about that doctor.
Your record
- You have the right to access your record and to a copy.
- You may have factual inaccuracies corrected.
- You may add your own statement if you disagree with what it says.
- You may request destruction, unless a statutory obligation or another person's interest stands in the way.
The retention period is twenty years from the last amendment. That is not bureaucracy: if you are treated elsewhere in eight years' time, that doctor can only proceed safely if it is known what was done before.
Confidentiality
What you discuss with your doctor is covered by medical confidentiality. That means your data is not shared with others without your consent, including with the salon or hotel where the treatment takes place.
The partner location knows there is an appointment and which room is reserved. What is discussed or done medically stays between you and your doctor.
If you are not satisfied
Discuss it with your doctor first; many things can be resolved. If you cannot work it out, you may lodge a complaint with the complaints officer. Every care provider is legally required to have one and to be affiliated with a recognised disputes body.
Do ask about this before you book. A provider who has not arranged it is not meeting the legal requirements.
Frequently asked questions
Does a cosmetic treatment fall under the Dutch Medical Treatment Agreement Act?
Yes. As soon as a doctor performs a medical act, the Act applies, even where there is no medical necessity. You therefore have rights to information, consent, access to your record and confidentiality.
How long is my record kept?
Twenty years from the last amendment to the record. That is the statutory medical retention period.
Can I withdraw my consent?
Yes, at any moment, including just before the treatment. You then pay only for the consultation.
Written by Dr Sanne de Boer, doctor at Calla Medical. This article is general information and not legal advice; for your own situation you can turn to a complaints officer or a legal adviser.
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