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EXCERPTS FROM THE
MINISTERIAL ANNOUNCEMENT
GOVERNING THAI SPA STANDARDS,
APRIL 2004
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UNCERTIFIED TRANSLATION
MINISTERIAL ANNOUNCEMENT ISSUED BY THE
MINISTRY OF PUBLIC HEALTH ON 21 APRIL 2004
On defining health and beauty service enterprises, standards for services, service providers, and principles and methods for inspecting and certifying standards for health and beauty service enterprises
According to the 1966 Service Enterprises Act
“Health spa” means an enterprise that cares for and promotes people’s health through its primary services, consisting of massage for health and hydrotherapy services, and may or may not offer additional services such as sauna treatments, exercise, nutritional therapy and diet control, yoga, meditation, use of herbs or other products for health, and other alternative medicine treatments.
Section 2
STANDARDS ON BUILDINGS, SERVICES AND SERVICE PROVIDERS
Part 1
Health spa standards
Item 3: STANDARDS FOR HEALTH SPA BUILDINGS
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(1) |
The enterprise must be located in a place that is convenient, safe, and will not endanger an individual's health. It should not be located in close proximity to a place of religious worship as to cause distractions to those engaging religious activities. |
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(2) |
In cases where the health spa is located in the same building as another business enterprise, its boundaries must be clearly delineated and other business’s activities must not interfere with the provision of health spa services. |
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(3) |
The land on which the health spa is located must not be adjacent to a service enterprise as defined by legislation governing service enterprises. |
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(4) |
In the case that the health spa provides several different kinds of services in the same location, the service areas must be clearly separated and the space for each service must meet the standards for the type of service being provided. |
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(5) |
Spaces for providing personalized service must not be too closed off or hidden. |
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(6) |
All the service areas both inside and outside the health spa location must be kept clean and orderly at all times. |
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(7) |
The building must be constructed of sturdy, durable materials and must not be in an unhygienic or dilapidated state. |
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(8) |
In areas where water is used for the services, the floor should be made of a non-slippery, easy-to-clean material. |
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(9) |
All service areas should be properly lit. |
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(10) |
The area must be well-ventilated |
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(11) |
Must have a waste management system installed with rubbish, waste and used water managed in a responsible and sanitary manner. |
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(12) |
There must be a disease vector control system in place to ensure that hygienic standards are met. |
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(13) |
There must be a sufficient number of clean and proper bathrooms, toilets, hand-washing basins, and separate facilities and (clothes) changing rooms for men and women. |
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(14) |
The area must be appropriately decorated in a way that does not cause offense or violate social customs, national culture and morals. |
Item 7: STANDARDS FOR HEALTH SPA SERVICE PROVIDERS
Service providers must have the following necessary qualifications:
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(1) |
Not less than 18 years of age
| (a) |
Passed a training course or learning programme at a government agency or institute or educational institution with a curriculum approved by the Central Service Enterprise Standards Inspection and Evaluation Committee; or must have at least one full year of experience working at a health spa and passed the knowledge and experience test administered by the Central Service Enterprise Standards Inspection and Evaluation Committee |
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(2) |
and must not manifest any of the following prohibited characteristics
[three provisions stipulated] |
Item 8: HEALTH SPA SERVICE STANDARDS
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(1) |
The owner must have in their employ, employees who meet the standards as specified in this announcement and may not permit anyone who does not meet those standards to provide services at the enterprise except in the case of trainees, in which case the number of trainees may not be more than half of total number of service providers. |
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(2) |
The owner must provide services in accordance with the principles and standards for each type of service. The main types of service must be health massage and hydrotherapy treatments such as steam rooms, jacuzzi, hot tubs, and cool water tubs. In addition the enterprise must provide at least three other types of supplementary services such as mud baths, mud masques, beauty treatments, exercise classes, yoga, meditation or health food. |
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(3) |
The enterprise services must have the following characteristics:
| (a) |
The enterprise must open at 8:00 am and close at no later than 10:00 pm. |
| (b) |
The owner must display the service provider registration certificate in the form designated by the Ministry of Public Health. |
| (c) |
The owner must have a service provider registration certificate in the form designated by the Ministry of Public Health, which must be kept in good condition for inspection for at least five years after it was issued. |
| (d) |
The enterprise may not serve alcoholic beverages or any other kind of intoxicant to its employees or customers and must be a no-smoking zone. |
| (e) |
The services may not be in violation of the modern medicine practice law, the medical professions law regarding other professions, the medical facilities law or the service enterprises law. |
| (f) |
Advertisements or public relations materials or activities may not mislead the public to mistakenly believe that the enterprise offers unauthorised medical treatments and may not be false advertisements or make exaggerated claims. |
| (g) |
The owner must post the list of services and service fees in an open, easily visible location or a place that is easy to inspect. |
| (h) |
The owner may not provide or consent to have other kinds of services that might be classified under or violate the service enterprise law or services for which special permission is required such as gambling, musical or singing performances, karaoke, snooker, dancing, or other kinds of entertainment. |
| (i) |
The owner must require the service provider employees to wear uniforms that are polite, well covered, clean and orderly, and appropriate for the work, and each service employee must wear a nametag on the left breast of the uniform. |
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Item 9: HEALTH SPA SAFETY STANDARDS
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(1) |
The owner must keep a first aid kit at the health spa that is always ready for use. |
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(2) |
The owner must post signs or messages in any area that poses a danger risk to warn the customers. |
Section 3
GUIDELINES FOR INSPECTION AND EVALUATION FOR CERTIFICATION
Item 20: There shall be a committee called the Central Service Enterprise Standards Inspection and Evaluation Committee, chaired by the director of the Department of Health Care Promotion, and consisting of a representative from the Department of Thai Traditional and Alternative Medicine Development, a representative from the Department of Health, a representative from the Department of Medical Services, a representative from the Food and Drug Administration, a representative from the Metropolitan Police Command Unit, a representative from the Administrative Department, and a representative from the Bangkok Health Office. The director of the Modern Medicine Unit shall be a committee member and the secretary.
Item 21: There shall be a committee in each province called the Provincial Service Enterprise Standards Inspection and Evaluation Committee chaired by the provincial public health doctor and consisting of the sheriffs from the areas in which the enterprises are located or representatives appointed by them, a representative from the Provincial Administrative Office, a representative from the Provincial Local Administrative Promotion Office, a representative from Provincial Police Command Unit, and representatives from other related local administrative organisations. The head of the Consumer Protection Group of the Provincial Public Health Office shall be a committee member and the secretary.
Item 27: When the committee receives a request for standards certification, the secretary shall examine the evidence submitted and make a recommendation to the committee for consideration within 30 days from the day the request was received.
The committee must inspect the characteristics and standards of the enterprise and its services, and give its opinion to the certificate issuer within 90 days from receiving notification of the request from the committee secretary.
The certificate issuer must decide whether or not to issue a standards certificate within ten days of receiving notification from the committee.
Item 28: In considering issuance of a standards certificate, the issuer must determine that the enterprise requesting the certificate has the following:
(1) capacity to meet the set standards
(2) an owner that meets the set standards
(3) service providers who meet the set standards
(4) services that meet the set standards
Item 29: The standards certificate shall be valid for one year from the date of issue. If the enterprise wishes to extend the certificate, it must submit an application for a new certificate at least 30 days before the present certificate expires. The committee must then inspect the enterprise again and re-evaluate its standards before considering issuing a new certificate. Once an enterprise has submitted an application for a new certificate, it shall be considered to have the required standards until such time as the certificate issuer sends a letter telling the enterprise of its decision supported by its reasons. The committee must inform the legal official according to the 1966 Service Enterprise Act and other related agencies of its decision after considering issuance of a new certificate.
Item 30: The committee shall inspect the enterprise and evaluate its standards at least once a year.
If an enterprise that has been certified fails to uphold the required standards, or does anything in violation of peace and order or moral standards, then the committee shall issue a warning to the enterprise to tell them to make corrections or shall propose revoking the certificate, depending on the case.
In the case that the committee issues a warning and tells the enterprise to make corrections, the committee must set an appropriate time limit for such corrections of no more than 90 days.
If an enterprise that has been warned and asked to correct a violation fails to do so within the set time limit but wishes to continue operating, the enterprise must submit a request for an extension on the time limit, together with the reasons, before the deadline. In the event of such a request, the committee shall consider giving an extension of up to 30 days.
Item 31: An enterprise that has received a standards certificate must display the certificate in an open and easy-to-see location at the enterprise. In the event the enterprise wishes to terminate its business operations, it must inform the committee within seven days of terminating the business. However, if an enterprise informs the committee that it is terminating its business, this shall not be a reason for the committee to stop the consideration process for revocation of the enterprise’s certificate when an enterprise has already been found in violation of the rules.
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