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Title 36

Displaying title 36, up to date as of 9/23/2021. Title 36 was last amended 5/03/2021.

Title 36

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PART 21 - HOT SPRINGS NATIONAL PARK; BATHHOUSE REGULATIONS
Authority:

Sec. 3, Act of August 25, 1916, 39 Stat. 535, as amended (16 U.S.C. 3); sec. 3, Act of March 3, 1891, 26 Stat. 842, as amended (16 U.S.C. 363).

Source:

44 FR 2577, Jan. 12, 1979, unless otherwise noted.

§ 21.1 Definitions.

When used in the regulations in this part:

(a) The term physician means doctor of medicine or osteopathy who is licensed to practice by a State or territory of the United States.

(b) The term registered physician means a physician registered at the office of the Superintendent as authorized to prescribe the waters of Hot Springs National Park.

(c) The term employee means any person licensed or certified by a State or territory of the United States in his or her specialty, or who is certified by the Superintendent to perform or render special services in a bathhouse.

(d) The term bathhouse means any facility which is operated by an individual, trustee, partnership, corporation, or business entity and which receives thermal water from Hot Springs National Park.

[44 FR 2577, Jan. 12, 1979, as amended at 62 FR 30235, June 3, 1997]

§ 21.2 Penalties.

Any person convicted of violating any provision of the regulations contained in this part, or as the same may be amended or supplemented, shall be punished by a fine not exceeding $100 and shall be adjudged to pay all costs of the proceedings.

§ 21.3 Use of thermal water.

(a) The use of the thermal waters of Hot Springs National Park, for purposes other than those authorized by the Superintendent, is prohibited.

(b) The heating, reheating, or otherwise increasing the temperature of the thermal waters of Hot Springs National Park is prohibited.

(c) The introduction of any substance, chemical, or other material or solution into the thermal waters of Hot Springs National Park, except as may be prescribed by a physician for a bather or as may be directed by the Superintendent, is prohibited.

§ 21.4 Registration of physicians.

Physicians desiring to prescribe the thermal waters of Hot Springs National Park must first be registered at the office of the Superintendent. Any physician may make application for registration to the Superintendent. To maintain registered status, reapplication is required triannually.

§ 21.5 Therapeutic bathing requirements.

Baths shall be administered to persons having a prescription from a registered physician with prescription instructions therein. Baths shall be administered to person who do not have prescriptions from registered physicians only if the bath is administered in accordance with the bath directions prescribed by the Superintendent, the violation of which is not subject to the penalty provisions of § 21.2.

§ 21.6 Use of therapeutic pools.

Persons undergoing medical treatment may use the therapeutic pools only upon presenting a prescription describing the treatment from a registered physician. Persons with acute or infectious diseases or discharges of the body, or who lack complete control of their bodily functions, are prohibited from using the therapeutic pools.

§ 21.7 Health examinations.

No employee who comes in direct personal contact with bathers or pool users will be permitted to enter duty without first undergoing a health examination, or remain in such employment without undergoing periodic health examinations, as required by the Superintendent, and being found free from any infectious or communicable disease.

Cross Reference:

For a list of communicable diseases included in the regulations of the United States Public Health Service, see 21 CFR 1240.54.

§ 21.8 Employee certification.

(a) Employees engaged as physical therapists must be licensed or certified by a State or territory of the United States to practice

(b) Employees engaged as physical therapy aids or physical therapy technicians will be certified by the Superintendent upon completion of an examination.

(c) Employees engaged as masseurs or masseuses must be licensed or certified by a State or territory of the United States, or be certified by the Superintendent upon the completion of an examination.

(d) Employees engaged as bath attendants will be certified by the Superintendent upon completion of an apprenticeship and an examination.

§ 21.9 Solicitation by employees.

Soliciting by employees for any purpose, including soliciting for gratuities, commonly called “tips,” is prohibited in all bathhouses.

§ 21.10 Losses.

A bathhouse receiving deposits of jewelry, money, or other valuables from patrons shall provide means for the safekeeping thereof, satisfactory to the Superintendent. It is understood, however, that the Government assumes no responsibility for such valuables kept on the premises. All losses must be reported promptly to the Superintendent by the bathhouse manager.

§ 21.11 Redemption of bath tickets.

Unused tickets may be redeemed by the purchaser within one year from the date of purchase, according to the redemption scale approved by the Superintendent.

§ 21.12 Lost bath tickets.

A patron who loses his ticket may continue to receive service, without additional charge, for the number of units remaining in the ticket. Records of lost tickets, and of service given thereunder, shall be maintained as required by the Superintendent. Lost tickets shall have no redemption value.