Unofficial Translation* PRIMARY HEALTH SYSTEM ACT, B.E. 2562 (2019) * HIS MAJESTYKING MAHA VAJIRALONGKORN BODINDRADEBAYAVARANGKUN; Given on the 26th Day of April B.E. 2562; Being the 4th Year of the Present Reign. His Majesty King Maha Vajiralongkorn Bodindradebayavarangkun is graciously pleased to proclaim that: Whereas it is expedient to have the law on primary health system; Whereas this Act contains certain provisions relating to the restriction of rights and liberties of the people, in respect of which section 26 in conjunction with section 32, section 33 and section 37 of the Constitution of the Kingdom of Thailand so permits by virtue of the provisions of law; Whereas the reasons and need for the restriction of rights and liberties of the people under this Act lie in stipulating primary health system provision mechanism, with adequate proportion of family physicians and primary health care provider teams taking care of the people, including stipulating implementation rules so that the people receive primary health care, which is efficient, fair, of quality and standard, and the enactment of this Act is duly in conformity with the conditions provided in section 26 of the Constitution of the Kingdom of Thailand; Be it, therefore, enacted by the King, by and with the advice and consent of the National Legislative Assembly serving as the National Assembly, as follows. Section 1. This Act is called the “Primary Health System Act, B.E. 2562 (2019)” Section 2. This Act shall come into force after the expiration of ninety days as from the date of its publication in the Government Gazette. * Published in the Government Gazette, Vol. 136, Part 56a, dated 30th April B.E. 2562 (2019).
2 Section 3. In this Act: “primary health care” means medical and public health care services aiming to care for the health of persons in responsible area in a holistic approach, from the beginning, continuously and integrated, covering health promotion, disease control, disease prevention, examination and diagnosis, medical treatment, and rehabilitation, by a primary care unit or a network of primary care units consisting of family physician and primary health care provider team, which is also connecting to family, community, and secondary and tertiary medical and public health care; “primary health system” means mechanism and procedures in coordination cooperation to provide primary health care, with participation of governmental sector, local administration agencies, private sector and the people sector, including transferring of service receiver and data connection between care unit of primary, secondary and tertiary level; “care unit” means: (1) a medical facility operated by ministries, Ta-Buangs, departments, local administrative agencies, governmental education institutions, other State agencies, and the Thai Red Cross Society; (2) a medical facility under the law on medical facilities; (3) a care unit under the law on national health security; (4) other care units as prescribed in the Notification of the Committee; “primary care unit” means a care unit which has registered to provide primary health care under this Act; “network of primary care units” means primary care units or care units which join and register as a network of primary care units to provide primary health care under this Act; “family physician” meansa physician whohas received a certificate of approval or a diploma demonstrating knowledge and expertise in practicing family medicine; “medical and health practitioner” means a healing arts practitioner, a medicine practitioner, a nursing practitioner, a nursing and midwifery practitioner, a dental practitioner, a pharmacy practitioner, a physical therapy practitioner, a medical technology practitioner, a traditional Thai medicine practitioner, an applied traditional Thai medicine practitioner, a community public health practitioner, or other medical and health practitioners according to that law, including a person under section 31 of the Healing Arts Practices Act, B.E. 2542 (1999);
3 “primary health care provider team” means medical and health practitioner working together with family physician in providing primary health care, including a person who has been trained in primary health to be an assistant in the performance of duties of family physician and the aforementioned practitioners, as prescribed in the Notification of the Committee; “Committee” means the Primary Health System Committee; “Office” means the Office of the Permanent Secretary of Ministry of Public Health; “competent official” means a person appointed by the Minister by the advice of the Committee for the execution of this Act; “Minister” means the Minister having charge and control of the execution of this Act. Section 4. The Minister of Public Health shall be in charge and control over the execution of this Act and shall have the power to appoint officers, and issue Notifications for the execution of this Act. Such Ministerial Notifications shall come into force upon their publication in the Government Gazette. CHAPTER 1 PRIMARY HEALTH SYSTEM COMMITTEE Section 5. There shall be a committee called the “Primary Health System Committee”, consisting of: (1) the Minister of Public Health as Chairperson; (2) ex officio members: the Permanent Secretary of Ministry of Defence, the Permanent Secretary of Ministry of Interior, the Permanent Secretary of Ministry of Public Health, the Secretary-General of Higher Education Commission; Comptroller-General; the Secretary-General of Social Security Office and the Secretary-General of National Health Security Office; (3) members appointed by the Minister: one Executive of Provincial Administrative Organization, one Executive of Municipality, one Executive of Subdistrict Administrative Organization, and one executive of other local administrative organization as
4 established by law; thereby the executives of each type of Local Administrative Organization shall be selected among themselves; (4) members appointed by the Minister: one Director of the Subdistrict Health Promoting Hospital, which is a primary care unit, one Executive of Primary Care Unit affiliated with the Ministry of Public Health, and one Executive of Primary Care Unit not affiliated with the Ministry of Public Health; thereby the director or executives of each type of local administrative organization shall be selected among themselves; (5) members appointed by the Minister: one Provincial Public Health Physician and one District Health Officer; thereby the provincial public health physician or district health officer, as the case may be, shall be selected among themselves; (6) members appointed by the Minister: one manager of care units under the law on care units, which is a primary care unit, one Village Health Volunteer, and one Bangkok Metropolitan Health Volunteer; thereby manager of sanatoriums under the law on sanatoriums, Village Health Volunteer, and Bangkok Metropolitan Health Volunteer, as the case may be, shall be selected among themselves; (7) four qualified members appointed by the Minister from persons having the knowledge, expertise and noticeable experience in public health, and in family medicine, one from each field, and appointed two representatives of private development organizations having the objectives not to seek profit and operating activities relating to public health, selected among themselves; Deputy-Permanent Secretary of Ministry of Public Health, assigned by Permanent Secretary of Ministry of Public Health shall be a member and secretary, and the Permanent Secretary of Ministry of Public Healthshallassign two Officers from the office which is responsible for the work related to primary health care system, to be assistant secretaries; Selection and appointment under paragraph one (3) (4) (5) (6) and (7) shall be in accordance with criteria, procedures and conditions as prescribed in the Notifications by the Minister. Section 6. Members under section 5 paragraph one (6) and (7) must possess the qualifications and must not be under the prohibitions, as follows: (1) being of Thai nationality; (2) not being a bankrupt or not having previously been a dishonest bankrupt; (3) not being an incompetent person or a quasi-incompetent person;
5 (4) not having been sentenced to imprisonment by a final judgment, except for an offence committed through negligence or a petty offence; (5) not having been sentenced by a judgment or order of the Court to the effect that the property shall vest in the State by reason of unusual wealthiness or an unusual increase of property; (6) not having been expelled, dismissed, ordered to resign or removed from employment by a State agency or a private body by reason of dishonesty in the performance of duties, grave misconduct or deemed corruption and malfeasance in official service.; (7) not being a director of or a person holding any position responsible for the administration of a political party, or an advisor or an officer of a political party. In the case of members under section 5 paragraph one (7), whom the Minister appoint from persons having the knowledge, expertise and noticeable experience in public health, and in family medicine, must not being a person whose license is suspended or revoked to be a profession practitioner. Section 7. Members under section 5 paragraph one (3) (4) (5) (6) and (7) shall be in office for the term of four years from the date of appointment. A member who vacates the office may be reappointed but may not serve for more than two consecutive terms. Upon the expiration of the term under paragraph one, if new qualified members have not yet been appointed, the qualified members who vacate office at the expiration of the term shall remain in office for continuing the work until newly appointed qualified members take office. In the case where a qualified member vacates office before the expiration of the term, the person appointed to fill the vacancy shall hold office for the remaining term of qualified members already appointed except that, where less than ninety days remain in the term of office of the qualified members, the Minister may omit to appoint a replacing qualified member and, in this regard, the Commission shall consist of existing members. Section 8. In addition to vacation of office at the expiration of the term, the members under section 5 paragraph one (3) (4) and (5) vacates office upon: (1) death; (2) resignation;
6 (3) the Committee not less than two-third of the total number of members casts votes to remove from the office due to negligence or dishonesty in performing the duties, disgraceful behaviors, or incapability; (4) vacates the position as executive of local administration organization, director or executive of primary health care unit, provincial public health physician or district health officer, in the case where appointed as such. Section 9. In addition to vacation of office at the expiration of the term, the members under section 5 paragraph one (6) and (7) vacates office upon the case under section 8 (1) (2) or (3); being disqualified or being under any prohibition under section 6; or vacated the position as manager of sanatoriums under the law on sanatoriums, Village Health Volunteer, or Bangkok Metropolitan Health Volunteer, in the case where appointed as such. Section 10. The Committee has the duties and powers as follows: (1) to propose policies, strategies and plans on primary health care and primary health system to the Council of Ministers for consideration and approval, and assign related agencies to implement; (2) to oversee, monitor, and assess performance under this Act and policies strategies and plans under (1), including prescribe measures to solve problems and obstacles in such performance; (3) to propose directions for amendmentof laws relating to primary health care or primary health system, and to give advice to the Council of Ministers in issuing Notifications and appointment of competent officials for the execution of this Act; (4) to give advice and recommendations to the Minister, government agencies and competent officials for the execution of this Act; (5) to propose to the Council of Ministers to consider and mandate production and development of family physician and primary health care provider team, adequate for the execution of this Act; including manpower planning, and development of information system for data connection relating to primary health system management; (6) to propose to the Council of Ministers to consider and provide remuneration determination for family physician and primary health care provider team as is suitable for the execution of this Act;
7 (7) to propose to the Council of Ministers to consider and mandate measures which are is useful for elevation the quality and standard of primary health system continuously; (8) to promote the people to be capable and knowledgeable in health management for self and family; (9) to issue Notifications provided in the Act; (10) to take any action as prescribed by the law to be the powers and duties of the Committee or as assigned by the Council of Ministers or Minister. Notifications under paragraph one (9) shall come into force upon their publication in the Government Gazette. Section 11. At a meeting of the Committee, the presence of at least one half of the total number of members is required to constitute a quorum. At a meeting of the Commission, if the Chairperson is not present or is unable to perform the duty, the Vice Chairperson shall preside over the meeting. If the Vice Chairperson is not present or is unable to perform the duty, the members present at the meeting shall elect one member amongst themselves to preside over the meeting. A decision of a meeting shall be by a majority of votes. In casting votes, each member shall have one vote. In the case of an equality of votes, the person presiding over the meeting shall have an additional vote as a casting vote. A meeting of the Commission shall be convened at least four times a year. Section 12. The Committee may appoint a sub-committee for considering or performing any particular act as entrusted by the Commission. The provisions of section 11 shall also apply to a meeting of a sub-committee mutatis mutandis. Section 13. In performing the duties under this Act, the Committee, the Technical Committee and the sub-committee shall have the power to issue an order in writing to summon any person to come to give statements of fact or express opinions or furnish any related documents or information or evidences in support of consideration.
8 Section 14. The Office shall be responsible for the secretarial tasks of the Committee and the sub-committee, and shall have the duties and power as follows: (1) to furnish policies, strategies and plans on primary health care and primary health system and propose to the Committee, including implementation of such policies, strategies and plans, thereby having regard to the principle of public participation; (2) to coordinate, facilitate and cooperate with primary care units, networks of primary care units, State agencies, international organisations and related private organisations for the execution of this Act, including policies, strategies and plans under section 10 paragraph one (1) and measures under section 10 paragraph one (2); (3) to be a Center of Information related to primary health care and primary health system and execute or facilitate studies and researches in such topics; (4) to provide registration of service receivers, primary care units, networks of primary care units, (5) to develop information system for data connection relating to primary health system management to be efficient; (6) to promote the people to be capable and knowledgeable in health management for self and family; (7) to promote and facilitate the production of family physician and primary health care provider team, adequate for the provision of primary health care, and to provide training to develop the capacity of primary health system to be of higher quality and standard continuously, including to implement relating to manpower planning; (8) to prepare measures which are useful for primary health management and propose to the Committee; (9) to take any action as assigned by the Minister, the Committee or subcommittees, as prescribed by the law to be the duties and power of the Office. CHAPTER 2 PRIMARY HEALTH SYSTEM Section 15. Every person has the right to primary health care by family physician and primary health care provider team as primary health care provider under this Act. Notwithstanding, the primary health care that the person is entitled to, shall be in
9 accordance with criteria, procedures and conditions as prescribed in the Notifications by the Committee. Primary health care under paragraph one shall have a health record, in accordance with criteria, procedures and conditions as prescribed in the Notifications by the Committee under section 21. Section 16. A person who is entitled to medical treatment or health service according to welfare or right under laws, such person is entitled to primary health care under section 15 paragraph one as well. Exercise of such right shall be in accordance with criteria of receiving welfare or right of such person. Medical treatment expenses or expenses for health service for receiving primary health care under section 15 paragraph one may be extended or increased from the limitation that prescribed for the welfare or right to medical treatment or health service, as prescribe in the Notification by the Ministry of Finance with the approval of the Council of Ministers, or as the Committee agreed with the Social Security Committee, the National Health Security Board, each type of local administration organization as established by laws, or any other State agency responsible for such welfare or right, as the case may be, and the relating agency shall proceed to receive such expenses. Section 17. The Office shall undertake to register care units as primary care units or network of primary care units in the area as prescribed by the Committee and publish to the public. The registered care units as primary care units or as network of primary care units under paragraph one shall receive medical treatment expenses or expenses for health service for receiving primary health care under section 16 in providing primary health care. Characteristics of the care unit or the network of primary care unit to be registered, the registration, the division of the areas and the publication under paragraph one as well as thereceiving of money, the payment, the retentionof money, and the call to return money under paragraph two shall be in accordance with criteria, procedures and conditions as prescribed in the Notifications by the Committee. Section 18. The Office, the primary care unit or the network of primary care units, the Ministry of Interior and the Bangkok Metropolitan Administration shall together
10 prepare the name list of primary care service receivers in the area of that primary care unit or the network of primary care units. The primary care unit or the network of primary care units shall inform the service receivers on the list under paragraph one of the exercises of the right to receive primary health care and family physicians who have duty of take towards the service receivers under section 22. For the convenience and necessity of receiving primary health care, the service receiver may request to change the primary care unit or the network of primary care units which the service receiver is on its list, the provision of paragraph two shall apply mutatis mutandis. The preparation of the list under paragraph one, the information under paragraph two and the request to change the primary care unit or the network of primary care unitsunder paragraph three shall be in accordance with criteria, procedures and conditions as prescribed in the Notifications by the Committee. Section 19. The primary care unit or the network of primary care units shall entitle to receive expenses necessary to provide primary health care from the Office as follows: (1) Regular expenses for provision of primary health care and development of relevant personnel; (2) Expenses to support construction and durable goods used in providing primary health care; (3) Expenses to compensate the depreciation of construction and durable goods used in providing primary health care; (4) Other expenses relating to provision of primary health care; as prescribed in the Notifications by the Committee. List of the expenses under paragraph one, the receipt, the payment and the preservation of expenses of the primary care unit or the network of primary care units under paragraph one and the call to return such expenses shall be in accordance with criteria, procedures and conditions as prescribed in the Notifications by the Committee with the approval of the Ministry of Finance. In case of necessity, the Committee may enter into agreement with the Ministry of Finance with the approval of the Council of Ministers, the Social Security Committee, the
11 National Health Security Board, or each type of local administration organization as established by law, or any other State agency responsible for providing medical treatment welfare or health service, to request subsidy for expenses necessary for providing primary health care under paragraph one, and the relevant agencies shall carry out to receive such expenses. Section 20. The primary care unit and the network of primary care units shall have duties as follows: (1) to provide primary health care with equality and render reasonable assistance in providing service, as well as respect the right to privacy, human dignity and religious belief; (2) to provide service receiver with sufficient information on primary health care and rights of service receiver, for the service receiver to decide whether to receive the service or to enter the transfer system; (3) to provide information to the service receiver, relatives or persons closed to the service receiver on physicians, public health personnel, or persons responsible for continuous care on physical health, mental health and social, who will take care of the service receiver before dismissing the service receiver from the primary care unit or the network of primary care units; (4) to strictly keep the secret of the service receiver in performing the duties under (1) and (2), except the case of disclosure to a government officer performing duties under the laws; (5) to build a data system on provision of primary health care, for the convenient of control of quality, standards and service, including request for reimbursement of expenses for medical treatment or expenses for health service; (6) to comply with quality and standard control measures in health service provision under section 24. Provision of primary health care under (1), provision of information under (2) and (3), provision of primary health care data system building under (5) and compliance with quality and standard control measures under (6) shall be in accordance with criteria, procedures and conditions as prescribed in the Notifications by the Committee. Section 21. For the purpose of provision of primary health care, the Committee shall prescribe in the Notifications the criteria, procedures and conditions of
12 provision of information, data protection, the service receiver’s health information management, and access to information of family physicians, including the transfer of data of health careuseof the service receiver back to the primary care unit or the network of primary care units , which the service receiver is enlisted under section 18, providing that such Notification shall be in accordance withrights and duties on health under the laws on national health. Section 22. In providing primary health care under section 20 paragraph one (1), the primary care unit or the network of primary care units shall have appropriate number of family physicians and primary health care provider teams to take care of the service receivers enlisted in the responsible area of such service unit in an appropriate proportion. In case of necessity to change the family physician under paragraph one, the primary care unit or the network of primary care units shall inform the service receiver and the Office promptly. For the purpose of health promotion, disease control, disease prevention, examination and diagnosis, medical treatment, and rehabilitation, the primary care unit or the network of primary care units may prescribed the place, date and time in providing primary health care as deemed appropriate, and notify the service receiver to receive the primary health care at such place, date and time. The execution of paragraph one, two and three shall be in accordance with criteria, procedures and conditions as prescribed in the Notifications by the Committee. Section 23. In case of necessity to transfer the service receiver to receive medical treatment at other primary care unit or network of primary care units or service unit, the family physician or the primary health care provider teams that is taking care of the service receiver perform such transfer. The primary care unit, the network of primary care units or the service unit, which receives the transfer under paragraph one shall act as appropriate and necessary. For the purpose of service receiver transfer, the Office shall, in cooperation with the primary care unit or the network of primary care units, build a health data system of the service receivers and connectivity to use such data, in accordance with section 20 paragraph one (4).
13 The transfer of service receiver under paragraph one, the execution under paragraph two and the system provision and connectivity under paragraph three, shall be in accordance with criteria, procedures and conditions as prescribed in the Notifications by the Committee. CHAPTER 3 QUALITY AND STANDARD CONTROL OF PRIMARY CARE UNIT OR NETWORK OF PRIMARY CARE UNITES Section 24. The Committee shall prescribe quality and standard control measures in providing primary health care and have conduction of examination to control quality and standard of primary care units and networks of primary care units regularly, by supporting public participation in such examination, in accordance with criteria, procedures and conditions as prescribed in the Notifications by the Committee. Section 25. In the case where the competent official considers that a primary care unit or a network of primary care units does not comply with the quality and standard control measures in providing primary health care as prescribed by the Committee, shall report to the Permanent Secretary of Ministry of Public Health for considering whether to appoint an Inquiry Commission. The Inquiry Commission under paragraph shall consist of: representatives of State agency, one who perform work relating to medical services or public health, one who perform work relating to laws or justice administration process, one who perform work relating to finance or treasury, a representative of a private organisation having the objectives not to seek profit and operating activities relating to public health, and a qualified person, as commissioners, having duties to inquire and submit its opinion to the Permanent Secretary of Ministry of Public Health. Notwithstanding and shall not have a conflict of interests in the considered matters. The Permanent Secretary of Ministry of Public Health shall appoint one inquiry commissioner as a Chairperson and appoint no more than two officials of the Office as secretary and assistant secretary. The inquiry shall be completed within sixty days from the date of appointment. Should it be not completed, the time extension shall not be no more than sixty days. In the
14 case where the Inquiry Commission have reasons and necessity and unable to complete the inquiry within such the prescribed period, the Chairperson of the Inquiry Commission shall report to the Permanent Secretary of Ministry of Public Health to extent the period as necessary. In this case, the Permanent Secretary of Ministry of Public Health may order to proceed and extent the period as deemed appropriate; reasons thereof shall be given. In performing duties under this Act, the Inquiry Commission shall be an official under the Penal Code and have power to issue a written summon to a primary care unit, a network of primary care units, the complainant or any relevant person to give statements, or to submit an explanation, documents or necessary evidence for the consideration. Upon the completion of the investigation, the Inquiry Commission shall submit its opinion to the Permanent Secretary of Ministry of Public Healthfor consideration for further actions. The Permanent Secretary of Ministry of Public Health shall consider and issue an order under section 26 within thirty days from the date of reception of the matter from the Inquiry Commission. Section 26. In the case where the investigation under section 25 results that the primary care unit or the network of primary care units fails to comply with quality and standard control measures in providing primary health care as prescribed by the committee in the Notification, the Permanent Secretary of Ministry of Public Health shall proceed as follows: (1) in case of an unintentional act, issue an order to perform in accordance with this Act; (2) in case of an intentional act, issue an order to perform in accordance with this Act and order the primary care unit or the network of primary care units to pay an administrative fine amounting to the actual damages. The provisions relating to the enforcement of an administrative procedure act under the laws on administrative act shall be applied mutatis mutandis; (3) notify relevant agencies to investigate and decide on the complaint or the accusation of a medical and health practitioner who may take part of the responsibility of the act under (2) of the primary care unit or the network of primary care units, and to take disciplinary action in the case where the offender is a government officer.
15 Section 27. In the case where a service receiver does not receive primary health care under this Act from a primary care unit or a network of primary care units, or a primary care unit or a network of primary care units charges fees without the right to do so; the service receiver or a person who is stipulated in the Notification of the Committee shall have the right to complain to the executive of such primary care unit or network of primary care units, to treat the service receiver properly and in compliance with this Act. In the case where a service receiver does not receive a treatment proper and in compliance with this Act under paragraph one, such a person or a person who is stipulated in the Notification of the Committee shall have the right to complain to the competent official to carry out investigation, the provisions of section 25 shall be applied mutatis mutandis. In the case where the investigation result appears that the primary care unit or the network of primary care units has not done as complained, the Permanent Secretary of Ministry of Public Health shall notify the service receiver or a person who is stipulated in the Notification of the Committee within seven days after the date of such result is rendered. In the case where the investigation result appears that the primary care unit or the network of primary care units has acted as complained, the Permanent Secretary of Ministry of Public Health shallnotify the primary care unit or the network of primary care units in written form within seven days after the date of such result is rendered, and issue an order to treat service receiver properly and in accordance with this Act, or order the primary care unit or the network of primary care units to return theunjustified collected fees to the service receiver together with interest at fifteen per cent per year payable as from the date on which the fees was collected to the return date. In the case where the order is not complied with, the provisions of section 26 shall be applied mutatis mutandis. Section 28. In the case where the act of the primary care unit or the network of primary care units under section 26 or section 27 is a serious or repeated behavior, the Permanent Secretary of Ministry of Public Health shall consider taking following actions: (1) revoke of the registration of the primary care unit or the network of primary care units;
16 (2) inform the Minister who is in charge of the law on medical establishment to consider taking action under such law in the case where the primary care unit or the network of primary care units is a medical establishment under such law; (3) notify the responsible Minister to take disciplinary action to the executive, providing that the primary care unit or the network of primary care units is a government medical establishment; (4) notify relevant agencies to investigate and decide on the complaint or the accusationon a medical and health practitioner who takes part of the responsibility of the act of the primary care unit or the network of primary care units, and to take disciplinary action in the case where the offender is an government officer. Section 29. The primary care unit, the network of primary care units, the complainer or the person stipulated in the Notification of the Committee, who receive the order from the Permanent Secretary of Ministry of Public Health under this chapter shall be entitled to appeal to the Committee within thirty days from the date of reception of the notification of the order, as the case may be. The decision on the appeal shall be final. The appeal and the consideration of and decision on appeals under paragraph one shall be in accordance with criteria, procedures and conditions as prescribed in the Notifications by the Committee. CHAPTER 4 PROMOTION AND DEVELOPMENT OF THE PRIMARY HEALTH SYSTEM Section 30. To provide the primary health care according to the need of the people in the area, the Committee shall prescribe in the Notification the mechanisms and criteria to promote and develop the ability of Subdistrict Health Promoting Hospitals to be the primary care unit or the network of primary care units under this Act, and to promote and develop the participation betweengovernmental sector, local administration agencies, private sector and people in the area sector, to carry out the policies, strategies and plans under section 10 paragraph one (1) by integrating resources for primary health system setting and monitor and control the performance of the primary care unit or the network of primary care
17 units in the area, as well as coordinate to establish a network of transfer between primary care units and the network of primary care units in and across the areas, shall be in accordance with this Act or Notification issued under this Act. Section 31. The primary care unit or the network of primary care units may request a financial support for the expenses from the Office to promote the people to be capable and knowledgeable in health management for self and family. The list of expenses under paragraph one, the receiving of money, the payment, the retention of money, and the call to return money under paragraph one shall be in accordance with criteria, procedures and conditions as prescribed in the Notifications by the Committee with the approval of the Ministry of Finance. Section 32. The Committee shall organize a public hearing from the service receivers, primary care units, networks of primary care units and relevant person to promote, revise and develop the management of primary public health and primary health system to be of higher quality and standard continuously. The public hearing under paragraph one shall be in accordance with criteria, procedures and conditions as prescribed in the Notifications by the Committee. CHAPTER 5 COMPETENT OFFICIAL Section 33. In the execution of this Act, the competent official shall have following power and duties: (1) to enter a place of a primary care units or a networks of primary care units, from sunrise to sunset or during office hours of such place, in the case where there is a reasonable cause to suspect that there occurs the noncompliance of this Act, to inspect, inquire facts, inspect property or documents or evidence, take photos, make photocopy or take documents pertinent to such act for the inspection, or to carry out other act as deem appropriate to find out the fact for the execution in accordance with this Act;
18 (2) in performing under (1), if appears any act pertinent to the noncompliance of this Act, the competent official has power to seize or attach documents or evidence, property or materials as evidences for the purpose of further inspection; (3) to order in written form any person to give statements or to submit an explanation, documents, information or necessary evidence to accompany the consideration of the competent official. In performing the duties under paragraph one, shall be in accordance with criteria, procedures and conditions as prescribed in the Notifications by the Minister with the advice of the Committee. Section 34. Persons concerned shall render reasonable assistance to the competent official in the performance of duties under section 33 as appropriate. Section 35. In the performance of duties under this Act, the competent official must show an identification card to the persons concerned. The identification card of the competent official shall in the form as prescribed in the Notifications by the Minister. Section 36. In the performance of duties under this Act, the competent official shall be an official under the Penal Code. CHAPTER 6 Penalties Section 37. Any person who fails to comply with an order of the Committee or the sub-committee under section 13, an order of the Inquiry Committee under section 25 paragraph four, or an order of the competent official under section 33 paragraph one (3), shall be liable to imprisonment for a term not exceeding one monthor to a fine not exceeding ten thousands Baht or to both. Section 38. Any person who obstructs the performance of duties the competent official under section 33 paragraph one (1) or (2), or not render reasonable
19 assistance to the competent official under section 34, shall be liable to imprisonment for a term not exceeding one month or to a fine not exceeding ten thousands Baht or to both. Section 39. In the case where the offender is a juristic person, if the commission of the offence by such juristic person has resulted from the instruction or an action of a director or a manager or any person responsible for the operation of such juristic person or in the case where such person has the duty to give instructions or take action and refrains from giving instructions or taking action, thereby leading to the commission of the offence by such juristic person, such person shall also be liable to the penalty as provided for such offence. Section 40. The offence under section 37 or section 38, the Permanent Secretary of Ministry of Public Health or a person entrusted by the Permanent Secretary of Ministry of Public Health shall have power to settle in accordance with criteria, procedures and conditions as prescribed in the Notifications by the Committee. Once an offender pays a fine of the settled amount within a specified period, the case shall be deemed as settled pursuant to the provisions of the Criminal Procedure. CHAPTER 7 TRANSITORY PROVISIONS Section 41. In the initial period, the Committee shall consist of members under section 5 paragraph (1) and (2). The Deputy Permanent Secretary of the Ministry of Public Health who is entrusted by the Permanent Secretary for the Ministry of Public Health shall be a member and secretary, performing duties pro tempore before the appointment of members under section 5 paragraph (3) (4) (5) (6) and (7), which must be within one hundred and twenty days as from the date on which this Act comes into force. The Permanent Secretary for the Ministry of Public Health shall appoint two officials of the Office who are responsible for the work on primary public health system as assistant secretaries. Section 42. Notifications under this Act shall be issued within one hundred and eighty days as from the date on which this Act comes into force, except the case of
20 issuance of the Notification to prescribe primary health care under section 15 paragraph one, which shall be completed within one hundred and fifty days as from the date on which this Act comes into force. Notwithstanding, in case of inability to perform, the Minister shall report the reasons thereof to the Council of Ministers. When the Notification prescribing primary health care under section 15 paragraph one is issued, in the case of necessity to extend welfare or right of a person who is entitled to medical treatment or health service according to welfare or right under laws, the Committee shall perform according to section 16 to complete the extension such welfare or right of the person within one year as from the date on which this Act comes into force. Section 43. Within ten years as from the date on which this Act comes into force, the Office shall provide the primary care units or the network of primary care units in an appropriate proportion with the number of service receivers and areas. In the case where there is no service unit to register as a primary care unit or a network of primary care units, or the family physicians are insufficient with the number of the service receivers, such service unit shall provide other physicians who is trained in family medicine in accordance with criteria, procedures and conditions as prescribed in the Notifications by the Committee to perform duty to take care of the enlisted service receivers in the area of such primary health care unit under section 22, including the access to information under section 21. Within the period stipulated in paragraph one, the Ministry of Public Health jointly with the Ministry of Education and Higher Education Institutions shall undertake to provide appropriate proportion of family physicians and medical and health practitioners to take care of the public. In the case of necessary cause, the Committee shall propose to the Council of Ministers to extent the period of enforcement under paragraph one as per stipulated in the Emergency Decree. Countersigned by: General Prayut Chan-o-cha Prime Minister
21 Remarks: The reasons for the promulgation of this Act are as follows. Whereas section 47 paragraph one of the Constitution stipulates that a person shall have the right to receive public health services and section 55 stipulates that the State shall ensure that the people receive efficient public health services universally, strengthen the public to have the basic knowledge in relation to health promotion and disease prevention. The beforementioned public health services shall cover health promotion, control and prevention of diseases, medical treatment and rehabilitation, the State shall also continuously improve the standard and quality of public health services, in conjunction with section 258 g. Other Areas (5) stipulates that National Reform shall be carry out by establishing a primary health care system in which there are family physicians to care for the people in an appropriate proportion, hence it is expedient to have the law to comply with such provisions by managing the primary health care which the Committee on Primary Health System as regulation, which operates with participation of governmental sector, local administration agencies, private sector and people sector. For the purpose of efficient management of primary health system nationwide, and the Thai citizens are entitled to primary health care which is fair, of quality and standard it is therefore necessary to issue this Act.