26 March 2010
BHUMIBOL ADULYADEJ, REX.
Given on 15th March, B.B. 2541;
Being the 53th year of the present Reign.
His Majesty King Bhuaibol Adulyadej is graciously pleased to proclaim that:
Whereas it is expedient to revise the laws on sanatorium, the restriction of the liberties to engage in an enterprise or an occupation and to undertake a fair and free competition which shall be imposed only by virtue of the law specifically enacted;
Be it, therefore, enacted by the King, by and with the advice and consent of the National Assembly as follows:
Section 1. This Act is called the "Sanatorium Act, B.E. 2541"
Section 2. This Act shall cone into force as from the Day following the date of its publication in the Government Gazette*
Section 3. The Sanatorium Act, B.B. 2504 (1961) shall be repealed.
Section 4. In this Act,
"sanatorium" means a place and including a vehicle which is provided for normally medical practice under the law on medical practice, medicine practice under the law on medicine practice, nursery and midwifery practice under the law on nursery and Midwifery practice, or the dentistry practice under the law on dentistry practice with no respect of any earned profit, but not a place for the sale of drugs under the law on drugs which particularly operates a drugs business;
"patient" means a person who requests for services in a sanatorium;
"licensee" means a person who receives a license to engage in a sanatorium business;
"manager" means a person who receives a license to manage a sanatorium;
"practitioner" means a medical practioner and a practioner on medicine, nursery, midwifery, dentistry, pharmacy or other practitioners determined by the Minister in the Government Gazette;
"license" means a license to operate a sanatorium business or a license to manage a sanatorium;
"competent official" means a person appointed by the Minister for the execution of this Act;
"grantor" means the Permanent Secretary of the Ministry of Public Health or a person entrusted by the Permanent Secretary of the Ministry of Public Health;
"Committee" means the Sanatorium Committee;
"Minister" means the Minister having charge and control of the execution of this Act.
Section 5. This Act shall not apply to the sanatorium of the Ministry, Sub-Ministry, Department, Bangkok Metropolitan, Pattaya City, changwat Administrative Organization, Municipality,
Sanitary, Local Administrative Organization, Thai Red Cross Society and other sanatoriums as notified by the Minister in the Government Gazette.
Section 6. The Minister of Public Health shall have charge and control of the execution of this Act and shall, for the execution of this Act, have the power to appoint competent officials, issue Ministerial Regulations prescribing fees not exceeding the rates annexed to this Act, exempting fees, and determining other activities and issue Notifications.
Such Ministerial Regulations and Notifications shall come into force upon their publication in the Government Gazette.
Section 7. There shall be a committee called the "Sanatorium Committee", consisting of the Permanent Secretary of the Ministry of Public Health as chairman/ the Director-General of the Department of Medical Service, the Director-General of the Department of Health, the Director-General of the Department of Communicable Disease Control, the Director-General of the Department of Medical Service, the Director-General of the Department of Mental Health, the Secretary-General of the Food and Drug Administration, the representative of the Office of the Council of State and the representative of the Office of the Consumer Protection Board as the member ex officio, and the qualified members appoints by the Minister as follows:
- three medical practitioners recommended by the Committee and one each recommended by the practitioner councils established under the laws on the controlling of such practitioner councils;
- five other qualified members which at least one but not more than three shall be appointed from the managers.
The Director of the Medical Registration Division, the Office of the Permanent Secretary of the Ministry of Public Health is a member and secretary.
Section 8. The qualified member wader section 7 holds office for a term of two years and nay be reappointed.
In the case where an additional member is appointed during the term of the members already appointed, the appointee shall hold office for the remaining term of the members already appointed.
     
* 'published in the Government Gazette Vol. 115, Part 15 A, dated 24th March B.E. 2541 (1998)