Section 9. Apart from vacating office at the expiration of the term under section 8, the qualified member under section 7 shall vacate office upon:
(3) being retired by the Minister;
(4) being a bankrupt;
(5) being an incompetent or quasi-incompetent person;
(6) ceasing being a medical practloner, practioner or manager, in the case he is appointed to be a member of the Committee because of being in such position;
(7) being sentenced by a final judgment or legally order to a term of imprisonment, unless the punishment is for an offence committed through negligence or a petty offence.
When the qualified member vacates his office before the expiration of his term, the Minister may appoint another person to replace him, unless the remainder of the term of the qualified member is less than ninety days, and such person shall hold office for the remaining term of the member he replaces.
Section 10. In a meeting of the Committee, the presence of not less than one-half of the total members is required to constitute a quorum.
If the Chairman is not present at a meeting, or is unable to perform his duty, members who are present shall elect one among then to preside over the meeting.
Decision of the meeting shall be taken by majority of votes, In casting votes, each member of the Committee shall have one vote and in case of an equality of votes, the person who presides over the meeting shall have an additional vote as casting-vote.
Section 11. The Committee shall have the duty to give advice, opinion and recommendation to the Minister or the grant or concerning the following matters:
(1) the issuance of a Ministerial Regulation or Notification for the execution of this Act;
(2) the permission of the operation of a sanatorium business, the management of a sanatorium, the closure of a sanatorium or the revocation of a license;
(3 ) the promotion of the development of service of a sanatorium;
(4) the control or the consideration of petitions concerning the management of a sanatorium;
(5) other matters as entrusted by the Minister or the grantor.
Section 12. The Committee shall have the power to appoint a sub-committee to consider and submit opinion concerning the matters within the authority of the Committee.
The provision of section 10 shall apply to the meeting of the sub-committee mutatis mutandis.
Section 13. In the performance of duties under this Act, the Committee and sub-committee appointed under section 12 shall have the power to issue an order in writing requiring any person to give statement or to submit documents or evidences concerned or other things for its consideration.
Operation of a sanatorium business and Management of a sanatorium
Section 14. There are two types of sanatorium as follow:
(1) an over-night sanatorium;
(2) a non over-night sanatorium.
The qualifications of each type of sanatorium under paragraph one and its types of service shall be prescribed in the Ministerial Regulation.
Section 15. The Minister, with the advice of the Committee, shall have the power to issue a Notification prescribing the standard of service of a sanatorium.
Section 16. No person shall engage in a sanatorium business unless he has obtained a license from the grantor.
The application for and the issuance of license, and the type of the sanatorium shall be prescribed in the Ministerial Regulation.
Section 17. The person who apply for a license to operate the sanatorium business must possess the following qualifications and not be under the following prohibitions:
(1) being not less than twenty years of age;
(2) having his domicile in Thailand;
(3) not having been sentenced by a final judgment or legal order to a term of imprisonment, unless the punishment is for an offence committed through negligence or a petty offence;
(4) not suffering from the disease prescribed by the Minister in the Government Gazette;
(5) not being a bankrupt;
(6) not being an unsound-mind, incompetent or quasi-incompetent.
In the case the applicant is a Juristic person, its manager or representative must possess the qualifications and not be under any of the prohibitions under paragraph one.
Section 18. In the consideration of an issuance of a license of the grantor, it shall appear that the applicant has completely organized all the following cases:
(1) an action plan for the establishment of a sanatorium which has been authorized under the rules, procedure and conditions as prescribed in the Ministerial Regulation;
(2) a sanatorium which possesses the qualifications as prescribed in the Ministerial Regulation issued under section 14;
(3) the instrument, things, medical supplies or vehicles which is necessary for that sanatorium in the same types and amount as described in the Ministerial Regulation;
(4) the practitioners in a sanatorium in the branches and number as prescribed in the Ministerial Regulation;
(5) the name of the sanatorium as prescribed in the Ministerial Regulation.
For the purpose of the protection of the consumer right in public health service, the Minister, with the advice of the Committee, shall have the power to issue the Notification prescribing the number of authorized sanatoriums or the type of medical services in the sanatorium in any area.