Biopolymers will be criminally sanctioned in Colombia

Historic legal change in Colombia: Biopolymer use prohibited and strict regulation in aesthetic procedures

In a decisive step towards the protection of public health and the safety of citizens, Law 2316 of 2023 has been enacted in Colombia, establishing a categorical ban on the use of biopolymers in aesthetic procedures. This regulation not only prohibits the use of these non-permitted modeling substances, but also regulates severe penalties for those who cause "personal injury with non-permitted modeling substances".

The law, which will come into force soon, marks a turning point in the aesthetics industry in the South American country. With the aim of safeguarding the integrity of patients and putting an end to potentially dangerous practices, it establishes a comprehensive regulation on the use, commercialization and application of biopolymers. In addition, a national registry will be implemented to bring together professional sales centers and clinics specializing in esthetic procedures, in order to ensure compliance with standards and guarantee the quality and safety of services.

One of the most notable aspects of this law is the stiff penalties for those who violate its provisions. Those who inject or infiltrate unpermitted modeling substances into the body of another person will face prison sentences ranging from 2 to 10 years, accompanied by significant fines of 150 to 250 legal monthly minimum wages in force. If the infraction is committed by a health professional, the penalties will be even more rigorous: 8 to 15 years of imprisonment, fines of 200 to 300 legal minimum monthly salaries in force and disqualification to practice their profession for 5 years.

This regulation not only prohibits the use of these non-permitted modeling substances, but also regulates severe penalties for those who cause "personal injury with non-permitted modeling substances.

In the case of conduct involving minors under 18 years of age, deception about the substance used or facial affectation, the penalties will be aggravated in a range ranging from one third to one half of the maximum penalty. The Ministry of Health and Social Protection, through INVIMA, will be responsible for issuing a list of permitted modeling substances in the months following the enactment of the law.

In addition, the law contemplates the inclusion of comprehensive services in the health system, covering diagnosis, treatment, rehabilitation and procedures for the removal or management of biopolymers. It also ensures that the EPS will cover the necessary medications and mental health treatments and psychosocial support for those affected by practices performed with biopolymers.

In conclusion, Law 2316 of 2023 in Colombia establishes a robust legal framework that prioritizes the safety of citizens and quality in aesthetic procedures. With these strong measures and the promotion of safe practices, a new chapter is opened in the search for the wellbeing and health of the population.