Thailand Communicable Disease Act

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This is an unofficial translation of the Thailand Communicable Disease Act

At the end of this post you can download a pdf version of the Thailand Communicable Disease Act

Unofficial Translation

Communicable Disease Act
B.E. 2558 (2015)

BHUMIBOL ADULYADEJ, REX.

 

Given on the 10th Day of August B.E. 2558;
Being the 70th Year of the Present Reign.

His Majesty King Bhumibol Adulyadej is graciously pleased to proclaim that:
Whereas it is expedient to revise the law on communicable diseases;
Be it, therefore, enacted by the King by and with the advice and consent of
the National Legislative Assembly, as follows:

Section 1. This Act is called the “Communicable Diseases Act, B.E. 2558 (2015)”.

Section 2. This Act shall come into force after the expiration of one hundred and eighty days from the date of its publication in the Government Gazette.1

Section 3. The Communicable Diseases Act, B.E. 2523 (1980) shall be repealed.

Section 4. In this Act:

“communicable disease” means a disease caused by pathogens or toxins from pathogens, which is transmissible to humans, directly or indirectly;

“dangerous communicable disease” means a highly virulent communicable disease which is rapidly transmissible to other persons;

“communicable disease under surveillance” means a communicable disease that requires ongoing monitoring, inspection or data collection;

“epidemic” means a communicable disease or a disease of which the exact cause is unknown, which may be transmitted to other persons rapidly and widely or which
has a higher incidence than normally observed;

“carrier” means a human or animal which does not have clinical signs of a communicable disease, but its body gets infected with such disease which may be communicated to other persons;

“contact” means a human who has close contact with humans, animals or physical items infected with a disease to the extent that such disease may be communicated to such person;

“period of communicability” means the period of time in which a pathogen may be transmitted from humans or animals infected with such pathogen to other persons, directly or indirectly;

“isolation” means the separation of a contact or carrier from others in isolated places as to prevent the direct or indirect transmission of pathogens to those who may get infected with such pathogens until the lapse of the period of communicability;

“quarantine” means the restriction of a contact or carrier to isolated places as to prevent the direct or indirect transmission of pathogens to those who may get infected with such pathogens until the lapse of the incubation period or until a carrier status has ended;

“control for observation” means the supervision of a contact or carrier without quarantine, and such contact or carrier may be permitted to transit through any places upon the condition that when reaching any specified locality, such person shall report himself or herself to a local communicable disease control officer for a medical check-up in order to prevent the direct or indirect transmission of pathogens to those who may get infected with such pathogens;

“incubation period” means the period of time from which a pathogen enters a body until the time when the infected person exhibits symptoms of the relevant disease;

“disease infected zone” means any locality or port city outside the Kingdom where a dangerous communicable disease or an epidemic occurs;

“disease investigation” means the procedure to identify causes, sources and reservoirs of diseases for the purpose of disease control;

“surveillance” means observation and data collection and analysis, as well as reporting and following up on the result of disease transmission on an ongoing and systematic basis for the purpose of disease control;

“conveyance” means a vehicle, animal or object used in transporting humans, animals or physical items on land, water or air;

“conveyance owner” includes an agent of the owner, a lessee, an agent of the lessee or an occupier of such conveyance;

“conveyance operator” means a person responsible for the operation of a conveyance;

“traveller” means a person travelling into the Kingdom, and shall include a conveyance operator and crew members of a conveyance;

“immunisation” means a medical action towards humans or animals by any means to develop disease resistance in them;

“isolated place” means any place where a communicable disease control officer has designated as a place for isolation or quarantine of humans or animals which are, or are suspected of being infected with any communicable disease in order to prevent the direct or indirect transmission of such disease to those who may get infected with such disease;

“sanitation” means the control, protection or maintenance of environmental conditions and contributing factors to the occurrence or transmission of communicable diseases;

“port of entry” means any route or place used for entry and exit of travellers, conveyances and physical items internationally, and shall include areas or zones arranged for providing such service;

“Committee” means the National Communicable Disease Committee;

“Provincial Communicable Disease Committee” means a Provincial Communicable Disease Prevention and Control Committee;

“Bangkok Communicable Disease Committee” means the Bangkok Communicable Disease Prevention and Control Committee;

“State agency” means a central official agency, a regional official agency, a local official agency, a State enterprise, a public organisation and other agencies of the State;

“communicable disease control officer” means a person appointed by the Minister to execute this Act;

“Director-General” means the Director-General of Department of Disease Control;

“Minister” means the Minister having charge and control over the execution of this Act.

Section 5. The Minister of Public Health shall have charge and control over the execution of this Act and shall have the power to appoint communicable disease control officers, issue Ministerial Regulations prescribing other acts, and issue Rules or Notifications for the execution of this Act. Such Ministerial Regulations, Rules and Notifications shall come into force upon their publication in the Government Gazette.

 

CHAPTER I
General Provisions

Section 6. For the purpose of prevention and control of communicable diseases, the Minister by and with the advice of the Committee shall have the power to prescribe the following in the Notifications:

(1) names and presenting symptoms of dangerous communicable diseases and communicable diseases under surveillance;

(2) designation of any ports of entry in the Kingdom as international communicable disease control checkpoints and cancellation of international communicable disease control checkpoints;

(3) immunisation.

Section 7. For the purpose of prevention and control of communicable diseases, the Minister with the approval of the Committee shall have the power to prescribe the following in the Notifications:

(1) criteria and procedures for notification in the event of occurrence of a dangerous communicable disease, a communicable disease under surveillance or an epidemic;

(2) criteria, procedures and conditions on implementation or issuance of orders and disease investigation;

(3) criteria, procedures and conditions in relation to determination of the expenses for conveyance owners or conveyance operators;

(4) criteria, procedures and conditions of responsibility of travellers for payment of expenses.

Section 8. For the purpose of prevention and control of dangerous communicable diseases or epidemics which may enter the Kingdom, the Minister by and with the advice of the Technical Committee shall have the power to announce the designation of any locality or port city outside the Kingdom as a disease infected zone, and to cancel the announcement when the disease situation has been deemed calm or when there is a valid reason.

Section 9. For the purpose of prevention and control of epidemics, the Director-General by and with the advice of the Technical Committee shall have the power to announce a name, presenting symptoms and places where an epidemic occurs and notify a communicable disease control officer under section 34 for acknowledgement, and to cancel the announcement when the disease situation has been deemed calm or when there is a valid reason.

Section 10. In the case where the information derived from surveillance, disease investigation or notification or reporting under this Act refers to a person who may or may not be identified, such information shall be kept confidential and processed on an anonymous basis, provided that the processing shall be suitable and corresponding to the objectives in preventing and controlling diseases. A communicable disease control officer may disclose part of the information under paragraph one which is related to treatment, prevention or control of dangerous communicable diseases or epidemic outbreaks which affect the public health, with the consent of an owner of that information or in accordance with the criteria, procedures and conditions prescribed in the Notifications by the Committee.

 

CHAPTER II
National Communicable Disease Committee

Section 11. There shall be a committee called the “National Communicable Disease Committee”, consisting of:

(1) the Minister of Public Health as Chairperson;

(2) the Permanent Secretary of Ministry of Defence, the Permanent Secretary of Ministry of Foreign Affairs, the Permanent Secretary of Ministry of Transport, the Permanent Secretary of Ministry of Interior, the Permanent Secretary of Ministry of Labour, the Permanent Secretary of Ministry of Education, the Permanent Secretary of Ministry of Public Health, the Secretary-General of Council of State, the Commissioner-General of Royal Thai Police, the Director-General of Department of Medical Services, the Director-General of Government Public Relations Department, the Director-General of Department of Livestock
Development, the Director-General of Department of Disaster Prevention and Mitigation, the Director-General of Department of Medical Sciences, the Director-General of Department of Local Administration, the Director-General of Department of Health, the Director-General of Department of National Parks, Wildlife and Plant Conservation and the Permanent Secretary of Bangkok Metropolitan Administration as members;

(3) members from one representative of the Medical Council of Thailand, one representative of the Thailand Nursing and Midwifery Council, one representative of the Medical Technology Council and one representative of the Private Hospital Association;

(4) four qualified members appointed by the Minister from persons having the knowledge, expertise and noticeable experience in public health, disease control and other fields that are beneficial to the prevention and control of communicable diseases, and at least one of which shall be appointed from private development organisations having the objectives not to seek profit and operating public health activities. The Director-General of Department of Disease Control shall be a member and secretary, and the Director of Bureau of General Communicable Diseases shall be a member and the first assistant secretary and the Director of Bureau of Epidemiology shall be a member and the second assistant secretary. The qualifications, criteria and procedures for selecting qualified members shall be in accordance with the rules prescribed in the Notifications by the Minister.

Section 12. A qualified member shall hold office for a term of three years. If a qualified member vacates his or her office prior to the expiration of the term, the Minister shall appoint a replacement qualified member of the same field within thirty days from the date of vacancy. The person appointed to replace the vacated position shall be in office for the remaining term of office of the member whom he or she replaces, unless the remaining term of the qualified member is less than ninety days, in which case, the Minister may not appoint a replacement qualified member, and in this regard, the Committee shall consist of the remaining members.

Section 13. In addition to vacating office on the expiration of term, a qualified member vacates office upon:

(1) death;

(2) resignation;

(3) being dismissed by the Minister on the grounds of disgraceful behaviour, negligence or dishonesty in the performance of the duty or incapability;

(4) being bankrupt;

(5) being incompetent or quasi-incompetent;

(6) being subject to an imprisonment penalty by a final judgement to imprisonment, except for an offence committed through negligence or a petty offence.

Section 14. The Committee shall have the power and duties as follows:

(1) to establish policies, systems and guidelines on surveillance, prevention and control of communicable diseases to be implemented by State agencies, Provincial Communicable Disease Committees and the Bangkok Communicable Disease Committee for the execution of this Act;

(2) to consider approving an action plan for surveillance, prevention and control of communicable diseases or epidemics and propose the same to the Council of Ministers for approval;

(3) to provide opinions to the Minister on the issuance of Ministerial Regulations, Rules, Notifications and guidelines for the compliance with this Act;

(4) to provide consultation and advice and coordinate with State agencies and private agencies in relation to surveillance, prevention and control of communicable diseases;

(5) to monitor, evaluate, and investigate the operations of State agencies, Provincial Communicable Disease Committees and the Bangkok Communicable Disease Committee to ensure compliance with the action plan for surveillance, prevention and control of communicable diseases or epidemics approved by the Council of Ministers under

(6) to consider approving the criteria, procedures and conditions in relation to disbursement for payment of indemnification, compensation, remuneration or other expenses necessary for conducting the surveillance, disease investigation, prevention or control of communicable diseases;

(7) to appoint a technical committee or a sub-committee for the execution of this Act;

(8) to perform any other acts as stipulated in this Act or other laws to be the power and duties of the Committee, or as assigned by the Council of Ministers.

Section 15. At a meeting of the Committee, the presence of not less than one-half of all of the remaining members is required to constitute a quorum. The Chairperson shall preside over the meeting. If the Chairperson is not present at the meeting or is unable to perform the duties, the members present shall elect one among themselves to preside over the meeting. A decision of the meeting shall be made by a majority of votes. In casting a vote, each member shall have one vote. In the case of an equality of votes, the presiding member shall have an additional vote as the casting vote.

Section 16. There shall be a Technical Committee, consisting of a chairperson appointed by qualified members under section 11 (4) and not more than seven members appointed from persons having the knowledge, expertise and experience in communicable diseases. The Technical Committee shall have the power and duties as follows:

(1) to provide suggestions to the Minister on the announcement of disease infected zones;

(2) to provide suggestions to the Director-General on the announcement of epidemics;

(3) to provide suggestions to the Minister or the Director-General on cancellation of the announcement when the disease situation under (1) or (2), as the case may be, has been deemed calm or when there is a valid reason;

(4) to operate as assigned by the Committee. The provisions of section 12 and section 13 shall apply, mutatis mutandis to the term of office and vacating from office of the Technical Committee.

Section 17. The provision of section 15 shall apply, mutatis mutandis to the meetings of the Technical Committee and the sub-committee.

Section 18. 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 necessary information or documents or suggestions in support of consideration.

Section 19. The Department of Disease Control shall act as the Office of the Secretary of the Committee, the Technical Committee and the sub-committee, in charge of general affairs, and shall have the power and duties as follows:

(1) to be a central agency responsible for the process for consideration and proposal of policies and systems for surveillance, prevention and control of communicable diseases;

(2) to establish systems for surveillance of dangerous communicable diseases, communicable diseases under surveillance and epidemics for proposing to the Committee;

(3) to prepare an action plan for surveillance, prevention and control of communicable diseases or epidemics for proposing to the Committee;

(4) to be the central information centre for publicising or disseminating information and news in relation to surveillance, prevention and control of communicable disease and epidemic situations;

(5) to be a coordination agency for monitoring, evaluating and investigating the operations of Provincial Communicable Disease Committees and the Bangkok Communicable Disease Committee in relation to the implementation of the action plan for surveillance, prevention and control of communicable diseases or epidemics approved by the Committee, and report the result to the Committee;

(6) to operate, cooperate, support and assist State agencies and private agencies to ensure compliance with policies and plans on surveillance, prevention and control of communicable diseases;

(7) to promote, support and coordinate in academic works, medical supplies and materials and equipment for surveillance, prevention, control or diagnosis in relation to communicable diseases;

(8) to perform any other acts as assigned by the Committee, the Technical Committee or the sub-committee.

 

(Continues)

 

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