Thailand Communicable Disease Act

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Thailand Communicable Diseases Act, B.E. 2558 (2015) #2

 

CHAPTER III
Provincial Communicable Disease Committee

Section 20. There shall be a Provincial Communicable Disease Committee, consisting of:

(1) the Provincial Governor as a chairperson;

(2) the Deputy Provincial Governor, the Head of Provincial Public Relations, the Head of Provincial Livestock, the Chief of Provincial Office of Disaster Prevention and Mitigation, the Director of the Office of Disease Prevention and Control responsible for such province and the Chief Executive of Provincial Administration Organisation as members;

(3) one Mayor and one Chief Executive of Subdistrict Administration Organisations, who are appointed by the Provincial Governor as members;

(4) one director of medical centre hospitals or general hospitals, two directors of community hospitals and two district health officers, who are appointed by the Provincial Governor as members;

(5) one manager of sanatoriums under the law on sanatoriums, who is appointed by the Provincial Governor as a member. In the case where, in any province, there are hospitals affiliated with State agencies other than those specified in (4), the Provincial Governor shall appoint not more than three directors of such hospitals as members. In the case where there is an international communicable disease control checkpoint in any province, the Provincial Governor shall also appoint one communicable disease control officer who is stationed at each of the international communicable disease control checkpoints and one person responsible for the port of entry of each of the checkpoints as members. The Provincial Public Health Physician shall be a member and secretary, and the Provincial Governor shall appoint not more than two government officials of the
Provincial Public Health Office, who operate the work related to disease prevention and control as members and assistant secretaries.

Section 21. The appointment, term of office and vacating from office of the members under section 20 (3), (4) and (5) and the members under section 20, paragraph two shall be in accordance with the criteria, procedures and conditions prescribed in the Notifications by the Committee.

Section 22. A Provincial Communicable Disease Committee shall have the power and duties as follows:

(1) to implement the policies, systems and guidelines on surveillance, prevention and control of communicable diseases prescribed by the Committee;

(2) to prepare an action plan for surveillance, prevention and control of dangerous communicable diseases, communicable diseases under surveillance or epidemics in an area of the province;

(3) to report to the Director-General the situation of communicable diseases or diseases of which the exact cause is unknown, which may develop into epidemics occurring in an area of the province;

(4) to support, promote, monitor and evaluate the performance of work of the relevant agencies within the province and report to the Committee;

(5) to establish a port of entry work team under section 23 if there is an international communicable disease control checkpoint at the province;

(6) 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;

(7) to perform any other acts related to communicable disease control as assigned by the Committee or the Provincial Governor, or as prescribed in this Act.

Section 23. A port of entry work team shall consist of:

(1) an official of State agencies who is responsible for such port of entry as a chairperson of the work team;

(2) a representative of the Department of Livestock Development, a representative of the Department of Agriculture, a representative of the Customs Department, a representative of the Food and Drug Administration and a representative of the Immigration Bureau, who perform the duties at such port of entry as members of the work team;

(3) a director of the hospital affiliated with a State agency and responsible for such port of entry, as a member of the work team;

(4) one communicable disease control officer who is stationed at the international communicable disease control checkpoint as a member and secretary of the work team. In the case where, at any port of entry, the number of State agency representatives performing the duties at such port of entry is less than the number of agencies required under (2), the work team shall consist of the existing State agency representatives.
In the case where, at any port of entry, the number of State agency representatives performing the duties at such port of entry is more than the number of agencies required under (2), the Committee shall have the power to increase the number in the Notifications.

Section 24. A port of entry work team shall have the power and duties over its area of responsibility as follows:

(1) to prepare an action plan for surveillance, prevention and control of global communicable diseases and public health emergency response plan;

(2) to coordinate, support, monitor and evaluate the implementation of the plans under (1);

(3) to prepare a plan to communicate with the agencies related to surveillance, prevention and control of global communicable diseases;

(4) to perform any other acts in relation to surveillance, prevention and control of communicable diseases as assigned by the Committee or the Provincial Communicable Disease Committee.

Section 25. The provision of section 15 shall apply, mutatis mutandis to the meetings of Provincial Communicable Disease Committees and port of entry work teams.

 

CHAPTER IV
Bangkok Communicable Disease Committee

Section 26. There shall be a Bangkok Communicable Disease Committee, consisting of:

(1) the Governor of Bangkok as a chairperson;

(2) the Permanent Secretary of Bangkok Metropolitan Administration, a representative of the Office of the Permanent Secretary for Interior, a representative of the Department of Disease Control, a representative of the Government Public Relations Department, a representative of the Department of Livestock Development, a representative of the Department of Labour Protection and Welfare, the Director of Medical Service
Department, BMA, the Director of Bangkok Fire and Rescue Department and directors of the hospitals affiliated with the Thai Red Cross Society in Bangkok area as members;

(3) one director of the hospitals affiliated with the Bangkok Metropolitan Administration, one director of the hospitals affiliated with the Department of Medical Services, Ministry of Public Health and one director of the Educational Service Area Offices in Bangkok, who are appointed by the Governor of Bangkok as members;

(4) not more than five directors of hospitals affiliated with State agencies other than (3), who are appointed by the Governor of Bangkok as members;

(5) one manager of sanatoriums under the law on sanatoriums in Bangkok area, who is appointed by the Governor of Bangkok as a member;

(6) one communicable disease control officer who is stationed at each of the international communicable disease control checkpoints in Bangkok area, and one person responsible for the port of entry of each of such international communicable disease control checkpoints as members. The Director of Health Department, Bangkok Metropolitan Administration shall be a member and secretary, and the Governor of Bangkok shall appoint not more than two government officials of the Health Department, Bangkok Metropolitan Administration, having a position not lower than a division director, as members and assistant secretaries.

Section 27. The appointment, term of office and vacating from office of the members under section 26 (3), (4) and (5) shall be in accordance with the criteria, procedures and conditions prescribed in the Notifications by the Committee.

Section 28. The Bangkok Communicable Disease Committee shall have the power and duties as follows:

(1) to implement the policies, systems and guidelines on surveillance, prevention and control of communicable diseases prescribed by the Committee;

(2) to prepare an action plan for surveillance, prevention and control of dangerous communicable diseases, communicable diseases under surveillance or epidemics in an area of Bangkok;

(3) to report to the Director-General the situation of communicable diseases or diseases of which the exact cause is unknown, which may develop into epidemics occurring in an area of Bangkok;

(4) to support, promote, monitor and evaluate the performance of work of the relevant agencies within Bangkok and report to the Committee;

(5) to establish port of entry work teams under section 23;

(6) 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;

(7) to perform any other acts related to communicable disease control as assigned by the Committee or the Governor of Bangkok, or as prescribed in this Act.

Section 29. The provision of section 15 shall apply, mutatis mutandis to the meetings of the Bangkok Communicable Disease Committee and port of entry work teams.

Section 30. The provisions of section 23 and section 24 shall apply, mutatis mutandis to the composition and power and duties of port of entry work teams appointed by the Bangkok Communicable Disease Committee.

 

CHAPTER V
Communicable Disease Surveillance

Section 31. In the case of occurrence of a dangerous communicable disease, a communicable disease under surveillance or an epidemic, the following persons shall notify a communicable disease control officer:

(1) in the case where a person infected or reasonably suspected of being infected with such communicable disease is found in a house, an owner of the house or a person in charge of the house or a physician who provides treatment;

(2) in the case where a person infected or reasonably suspected of being infected with such communicable disease is found in a sanatorium, a person responsible for the sanatorium;

(3) in the case where medical or veterinarian examination has been conducted and it is found that a pathogen which is a cause of such communicable disease may exist, a person who conducts the examination or a person responsible for the place where the examination takes place;

(4) in the case where a person infected or reasonably suspected of being infected with such communicable disease is found in a business facility or any other place, an owner or a person controlling such place. The criteria and procedures on the notification under paragraph one shall be as prescribed in the Notifications by the Minister with the approval of the Committee.

Section 32. When a communicable disease control officer has been notified
under section 31 that there is a suspicion, information or evidence of the occurrence of a dangerous communicable disease, a communicable disease under surveillance or an epidemic, the communicable disease control officer shall notify the Provincial Communicable Disease Committee or the Bangkok Communicable Disease Committee, as the case may be, and report that information to the Department of Disease Control at prompt.

Section 33. In the case where there are reasonable grounds to suspect that a dangerous communicable disease, a communicable disease under surveillance or an epidemic has occurred in foreign countries, the Department of Disease Control shall coordinate with the World Health Organisation to request for information related to such disease.

 

CHAPTER VI
Prevention and Control of Communicable Diseases

Section 34. For the purpose of prevention and control of communicable diseases, when a dangerous communicable disease or an epidemic has occurred or is suspected of having occurred in any area, a communicable disease control officer in such area shall have the power to carry out, or issue a written order instructing any person to carry out the following:

(1) to require persons who are infected or reasonably suspected of being infected with the dangerous communicable disease or epidemic, or who are contacts or carriers to have a check-up or treatment or medical examination and, for the purpose of safety, such persons may be isolated, quarantined or controlled for observation at places specified by the communicable disease control officer until such persons have had a checkup
and medical examination and it is confirmed that the period of communicability has passed or such suspicion has been dispelled. In the case of an animal, an owner or occupier of the animal shall take the animal to have a check-up or treatment or medical examination;

(2) to require persons at risk of being infected with the disease to receive immunisation on the date, time and place as prescribed by the communicable disease control officer in order to prevent the transmission of the dangerous communicable disease or epidemic. In the case of an animal, an owner or occupier of the animal shall take the animal to receive the protection against the disease;

(3) to take corpses or carcasses of the persons or animals which are dead or are suspected of being dead of the dangerous communicable disease or epidemic to have an examination or medical management or to be dealt with by any other means in order to prevent the transmission of the disease;

(4) to require owners, occupiers or residents in the houses, tenements, places or conveyances where the dangerous communicable disease or epidemic occurs to conduct a disinfection and destroy anything contaminated, or reasonably suspected of being contaminated with pathogens of the communicable disease or to improve sanitation to ensure hygienic conditions in order to control and prevent the transmission of the disease. The persons receiving the order of instruction shall comply with it until the communicable disease control officer has ordered to cancel the same;

(5) to require owners, occupiers or residents in the houses, tenements, places or conveyances where the dangerous communicable disease or epidemic occurs to prevent the transmission of the disease by eliminating the animals, insects or immature insects which are a cause of the occurrence of the dangerous communicable disease or epidemic;

(6) to prohibit any person from carrying out or performing any act which may cause unhygienic conditions that may result in the transmission of the dangerous communicable disease or epidemic;

(7) to prohibit any person from entering or exiting isolated places, unless permission from the communicable disease control officer has been obtained;

(8) to enter the houses, tenements, places or conveyances where the dangerous communicable disease or epidemic has occurred or is suspected of having occurred for the purpose of surveillance, prevention and control to prevent the transmission of the disease. In carrying out the actions under paragraph one, the communicable disease control officer shall conduct a disease investigation and if it is found that a dangerous communicable disease or an epidemic has occurred in any area, the communicable disease control officer shall notify the Provincial Communicable Disease Committee or the Bangkok Communicable Disease Committee, as the case may be, and report that information to the Department of Disease Control at prompt. The criteria, procedures and conditions for carrying out an action or issuing a written order under paragraph one and for conducting a disease investigation under paragraph two, shall be as prescribed in the Notifications by the Minister with the approval of the Committee.

Section 35. In the case of urgent necessity to prevent the transmission of dangerous communicable diseases or epidemics, the Provincial Governor with the approval of the Provincial Communicable Disease Committee or the Governor of Bangkok with the approval of the Bangkok Communicable Disease Committee, shall have the power over his or her area of responsibility as follows:

(1) to order the temporary closure of market places, cooking or food selling places, beverage producing or selling places, factories, public meeting places, theaters, educational institutes or any other places;

(2) to instruct persons infected or reasonably suspected of being infected with a dangerous communicable disease or an epidemic to temporarily cease performing their occupations;

(3) to order prohibiting persons infected or reasonably suspected of being infected with a dangerous communicable disease or an epidemic from entering public meeting places, theaters, educational institutes or any other places, unless permission from a communicable disease control officer has been obtained.

Section 36. The Provincial Governor with the approval of the Provincial Communicable Disease Committee or the Governor of Bangkok with the approval of the Bangkok Communicable Disease Committee, as the case may be, shall establish at least one communicable disease control operation unit in each Amphoe or district to conduct surveillance, disease investigation, prevention and control of dangerous communicable diseases or epidemics. The criteria on establishment of communicable disease control operation units shall be as prescribed in the Notifications by the Committee. A communicable disease control operation unit under paragraph one shall at least consist of one communicable disease control officer and two medical and public health officials, and officials of other related agencies or private agencies in the number deemed appropriate by the Provincial Governor or the Governor of Bangkok may be appointed in a communicable disease control operation unit.

Section 37. A person responsible for a port of entry shall comply with the procedures on surveillance, prevention and control of global communicable diseases at the area of the port of entry as follows:

(1) to manage environmental sanitation to ensure hygienic conditions and eliminate materials which may be harmful to health;

(2) to manage sanitation in relation to food and water to ensure hygienic conditions;

(3) to eliminate mosquitos and carriers of a disease;

(4) to comply with any other procedures as prescribed in the Notifications by the Committee.

Section 38. A communicable disease control officer stationed at an international communicable disease control checkpoint shall, with reasonable justification, have the power to patrol, control and supervise the area outside the port of entry and notify a local officer to carry out to eliminate mosquitos and carriers of a disease covering a radius of four hundred meters around the port of entry. In this regard, owners or persons in the houses, tenements or places in such area shall render appropriate facilities to the communicable disease control officer stationed at the international communicable disease control checkpoint and the local officer.

Section 39. In conducting prevention and control of global communicable diseases, when there are reasonable grounds or there is a suspicion that a conveyance comes from any locality or port city outside the Kingdom where there is an epidemic, the communicable disease control officer stationed at an international communicable disease control checkpoint shall have the power and duties as follows:

(1) to require the conveyance owner or conveyance operator to notify a specified arrival date, time and place of such conveyance at the international communicable disease control checkpoint to a communicable disease control officer stationed at the international communicable disease control checkpoint;

(2) to require the conveyance owner or conveyance operator whose conveyance has entered the Kingdom to submit documents to a communicable disease control officer stationed at the international communicable disease control checkpoint;

(3) to prohibit any person from entering or leaving the conveyance travelling into the Kingdom which has not been inspected by a communicable disease control officer stationed at the international communicable disease control checkpoint, and to prohibit any person from bringing any other conveyance up alongside such conveyance, unless permission from a communicable disease control officer stationed at the international communicable disease control checkpoint has been obtained;

(4) to enter the conveyance and examine travellers, physical items or animals in the conveyance, and to inspect and control the conveyance owner or conveyance operator to improve sanitation of the conveyance to ensure hygienic conditions, as well as to eliminate materials in the conveyance which may be harmful to health. In this regard, the conveyance owner or conveyance operator shall provide convenience to the communicable disease control officer stationed at the international communicable disease control checkpoint;

(5) to prohibit the conveyance owner or conveyance operator from bringing into the Kingdom travellers who have not received immunisation as prescribed in the Notifications by the Minister by and with the advice of the Committee. The notification and the submission of documents by the conveyance owner or conveyance operator under (1) and (2), and the prohibition for the conveyance owner or conveyance operator under (5) shall be in accordance with the criteria, procedures and conditions prescribed in the Ministerial Regulations.

Section 40. When the Minister has announced the designation of any locality or port city outside the Kingdom as a disease infected zone under section 8, a communicable disease control officer stationed at the international communicable disease control checkpoint shall have the power to carry out, or issue a written order instructing the conveyance owner or conveyance operator whose conveyance has entered the Kingdom
from such locality or port city to carry out the following:

(1) to conduct a disinfection in order to prevent and control the transmission of the disease;

(2) to arrange the conveyance to park at a specified place until a communicable disease control officer stationed at the international communicable disease control checkpoint has permitted it to leave;

(3) to require travellers in such conveyance to have a medical check-up and, in this regard, the travellers may be isolated, quarantined or controlled for observation or may receive immunisation at a specified place and time;

(4) to prohibit any person from entering or leaving such conveyance or isolated places, unless permission from a communicable disease control officer stationed at the international communicable disease control checkpoint has been obtained;

(5) to prohibit any person from taking objects, physical items or appliances, which are, or are suspected of being disease-infected material, into or out of such conveyance, unless permission from a communicable disease control officer stationed at the international communicable disease control checkpoint has been obtained.

Section 41. A conveyance owner or conveyance operator shall be responsible for the expenses for transporting travellers in the conveyance for the purpose of isolation, quarantine, control for observation or receipt of immunisation, including the expenses for taking care of or providing medical treatment for them and for conducting prevention and control of global communicable diseases under section 40 and other related expenses. Determination of the expenses arising from the actions under paragraph one shall be in accordance with the criteria, procedures and conditions prescribed in the Notifications by the Minister with the approval of the Committee.

Section 42. In the case where it is found that a traveller is infected or is reasonably suspected of being infected with a dangerous communicable disease or an epidemic, or a traveller is a carrier or is reasonably suspected of being a carrier of a disease, a communicable disease control officer stationed at the international communicable disease control checkpoint shall have the power to order such person to be isolated, quarantined or controlled for observation, or to receive immunisation. The expenses arising from the actions under paragraph one shall be borne by such traveller in accordance with the criteria, procedures and conditions prescribed in the Notifications by the Minister with the approval of the Committee.

Section 43. For the purpose of prevention of global communicable diseases or epidemics, the Director-General or a person assigned by the Director-General shall have the power to issue a certificate of immunisation or a certificate of receipt of preventive medicine for global communicable diseases or other certificates to the applicant at the expense of the applicant. The assignment or the collection or exemption of expenses shall be in accordance with the criteria, procedures and conditions prescribed in the Notifications by the Committee.

Section 44. In the case where a communicable disease control officer has ordered any person to carry out any action under section 34 (3), (4) or (5), section 38, section 39 (4) or section 40 (1), (2) or (3), but such person fails to comply with the order within a specified period of time, the communicable disease control officer shall have the power to carry out such action in lieu of such person, provided that such person shall reimburse the actual expenses arising from such action in accordance with the Rules prescribed by the Ministry of Public Health.

 

(Continues)

 

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