Conditions for Registration of a SPA Centre By Ms. Rossitsa Voutcheva, Attorney-at-law

Transcription

1 Conditions for Registration of a SPA Centre By Ms. Rossitsa Voutcheva, Attorney-at-law In issue number 11 of the State Gazette ("SG") as of 9 th February 2016, the Ordinance on the terms and conditions for certification of balneo-medical (Medical SPA) centre", "SPA centre", "wellness centre" and "thalassotherapy centre" ("the Ordinance") was promulgated. The present article will acquaint you with the major changes in the legislation, as well as with regulations adopted for the activities listed above. In the Ordinance the terms and conditions for certification of "balneo-medical (Medical SPA) centre", "SPA centre", "wellness centre" and "thalassotherapy centre" are regulated for the first time. According to the Ordinance, the requirements, settled in it, do not apply to barber, hairdressers and beauty salons, saunas and solariums, found as separate objects. Addressees of the provisions are all persons conducting activities in centres, which provide balneo-medical, SPA, wellness and thalassotherapy services. The centres which have already been registered are required to be brought in compliance with the new requirements and to apply for certification within six months as of the date of entry into force of the Ordinance. Although these centres seem to be similar, they differ in view of the services they provide and, respectively, as far as the regulation of their activities is concerned. I. Requirements to balneo-medical centres Blaneo-medical (Medical SPA) is a centre, where health procedures based on natural healing factors (mineral water and/or medicinal clay) are performed, and where a variety of therapeutic programs is 1

2 offered. They are conducted in specially equipped offices, halls and rooms intended for carrying out of diagnostics, treatment, rehabilitation and prophylaxis/preventive maintenance. In conformity with the minimal requirements, by virtue of the Medical Institutions Act, each balneomedical centre should include: an indoor swimming pool; a water treatment section; a thermo-therapeutic section (with dry and moist heat); a room for contrasting treatments and a relaxation area; the following installations - water-conduit, sewerage, electrical, heating and ventilation, telephone and air-conditioning. All medical activities in the balneo-medical centres should be conducted in compliance with the approved medical standard "Physical and Rehabilitation Medicine" II. Requirements to SPA centres SPA centres are centres, where various procedures, programs and rituals are performed, involving the use of water - mineral, spring and other permitted by the law and/or medicinal clay, and/or sea water and/or other natural factors, by applying classic and non-traditional methods of intervention aimed at anti-stress, relaxation and psycho-physical recovery and, as well as that, purposed on the beauty of the human body. 2

3 According to the newly introduced requirements applicable to SPA centres, they should include: an indoor swimming pool (with depth of minimum 1.2 m); a water section, a dry high-temperature section, a wet high-temperature section; a room for contrasting procedures; a relaxation area, rooms and cabins for procedures, a fitness section, a reception, a warehouse premise for storage of products, sanitary facilities (locker rooms, bathrooms, toilets), including the presence of toilets for persons with reduced mobility - one cell for men and one for women, as well as the three types of installations inherent in SPA centres, plus another one a sound system, available in the open-air areas of the centre; installations - water-conduit, sewerage, electrical, heating and ventilation, telephone, sound and air-conditioning. III. Requirements to wellness centres The other two types of centres i.e. "wellness" and "thalassotherapy" centres have not been regulated in the Bulgarian legislation since now. The Ordinance defines as "wellness" a centre, where a variety of recreational and cosmetic-beauty treatments, anti-stress programs and rituals, and holistic approaches to achieve physical, emotional, spiritual, intellectual, professional and social welfare of the individual are performed. Unlike balneo-medical and SPA centres, the use of water and natural factors in this type of centre is not compulsory. Wellness centres can be built as a separate centre or as an adjacent to an accommodation settlement. They should include: a dry and wet high-temperature section; a room for contrasting procedures; 3

4 a relaxation area; procedure rooms; a fitness section; a reception, storage and sanitary facilities (locker rooms, bathrooms, toilets, including for persons with reduced mobility); installations - water-conduit, sewerage, electrical, heating and ventilation, telephone and airconditioning. IV. Requirements to thalassotherapy centres In thalassotherapy centres programs and rituals involving the use of sea water and/or naturally derived products and/or medicinal clay, through classic and non-traditional therapeutic methods of intervention, aimed at restoration of the psycho-emotional and physical health and, as well as that, purposed on the beauty of the human body, performed in specially equipped offices, halls and rooms, are offered. These centres are built near the sea-shore. In compliance with the approved medical standard "Physical and Rehabilitation Medicine", these centres should include a swimming pool, a water treatment and a thermo-therapeutic section (with dry and moist heat), a room for contrasting procedures, a relaxation area and a reception. V. Requirements to the service The requirements to the service and to the services provided in the centres are similar and include: a reception by a receptionist, provision of attributes for the use of the centre (a key for a wardrobe, a towel, etc.) and seeing-off of the customer after the desired procedures have been performed. The service includes the provision of information on all programs, packages and procedures provided at the 4

5 centre, preparation of an individual program on request of a client, and an indication of the cost of the separate services in a price list, displayed in a prominent place. VI. Procedure The certification of separate and adjacent to accommodation settlements centres in resort and urban environment, constructed, equipped and furnished to provide balneo-medical (Medical SPA), SPA, wellness and thalassotherapy services, is conducted by the Minister of Tourism or a Deputy Minister authorised by the Minister at a proposal of the Expert Commission for Classification and Certification of Tourist Sites ( EKKSTO ). The application for certification of the four types of centres is in a standard form and certain documents provided for in the Ordinance should be attached to it. The examination of the application and the attached documents is conducted by the EKKSTO within 14 days as of the date of their filing, and then a composition of experts appoints a committee to do an on-site verification at the tourist site. This committee prepares a statement of ascertainment that is provided to the Expert Committee within two days. After the utterance of the EKKSTO, with a motivated proposal to the Minister of Tourism for the issue of a certificate or the refusal to issue such, it is provided to the Minister of Tourism or a Deputy Minister authorised by the Minister. The certificate is issued by the Minister of Tourism and is valid for five years as of the date of the order for its issuance. The certified centres are entered in the National Tourism Register. The article above is intended for information purposes only by drawing your attention to some of the newly introduced amendments of the legal requirements to SPA centres. It should not be construed as (binding) legal advice. For a thorough understanding of the subjects covered and prior acting on any 5

6 issue discussed we kindly recommend Readers consult BWSP Ilieva, Voutcheva & Co. Law Firm Hotels & Leisure team. Please feel free to contact us for more detailed information on the subject matter. 6