Thailand Law Journal 2011 Fall Issue 2 Volume 14

The Protection and Promotion of Thai Traditional Medicine Intelligence B.E. 2542 (1999) may not fully cover the protection of Thai traditional medicine.⁸³ In this regard, there is a need to discuss the existing laws related to the protection of Thai traditional medicine in the following topic.

Before mentioning the Thai laws related to the protection of Thai traditional medicine it is important to refer to the development of Thai traditional medicine knowledge.

C The Development of Thai Traditional Medicine Knowledge

1 Historical Background
            The use of traditional medicine is documented in the stone inscription of the King
Chaivoraman (around 1182-1186)⁸⁴ who ruled the Khmer Kingdom (Cambodia) which is in the northeastern part of Thailand.⁸⁵ Traditional medicine was used in one hundred and two hospitals which, at that time, was called 'Arogaya sala'.⁸⁶

Traditional medicine was widely used until the Sukhothai and Ayuthaya period (until 1767), particularly during the reign of King Narai the Great, 1656 to 1688, the first Thai pharmacopoeia was held by the royal traditional healer known as 'Tarma Phra Osod Phra Narai' (it means the 'Textbook of King Narai's medicines').⁸⁷

From the period of the Ayuthaya to the Ratttanakosin, in 1782 which is considered as the beginning of the Chakri Dynasty (the current Dynasty) started with King Rama I until 1809.⁸⁸ The significant traditional medicine formulae was gathered in forms of the 'stretching methods assembled and inscribed on cloister's walls' at Wat Phra Chetuphon Wimon Mangklaram known as 'Wat Pho or Wat Po'.⁸⁹ Traditional medicine which was accumulated at Wat Pho is very well known until the present, particularly traditional massage known as "Ruesi-Dud-Tori or Thai contorted hermit.⁹⁰ This traditional knowledge was developed in the following period. Recently, the name "Ruesi Dud-Tori was applied for trademark registration in Japan by a Japanese private company, but this was opposed by Thai Government concerned.⁹¹

During the reign of King Rama II, 1809 to 1824, the related law concerning traditional medicine was enacted, namely "the Royal Pharmacists law' (the law of 'Phanak-Ngarn Phra-Osot-Thawai1) which empowered the royal traditional healers to search for medicinal plants that existed any where in the country.⁹² In addition this law certified the authorization of the royal traditional healers to access and collect traditional medicinal formulae and herbs that spread around the country.

During King Rama III ruled from 1824 to 1851,⁹³ traditional medicine knowledge was developed and opened for public study at Wat Pho which was considered as the first open university in Thailand in the following period.⁹⁴ In the beginning of the reign of King Rama III, around 1828, Western civilisation became an influence in Thailand,⁹⁵ with modern Western medicine playing a significant role in Thai medical health care. Dr. Dan Beach Bradley, an American Christian missionary, was the first to initiate smallpox prevention in Thailand,⁹⁶ Western medicine was gradually accepted until the end of the reign of King Rama the III in 1851.

The reign of King Rama the IV, from 1851 to 1868, is considered to be the beginning of the 'Era of Civilization'.⁹⁷ The modern medicine was introduced into Thai health care equivalent to traditional medicine.⁹⁸ The Western medical services were extensively provided, however most of the Thai people, particularly in the rural areas, treatment was still based on Thai traditional medicine.

Later, during the reign of King Rama V, 1868 to 1910, modern medicine was fully developed with⁹⁹ the first Western-style hospital and medical school, namely 'Siriraj Hospital', which was established in 1888, where the Thai traditional medicine was taught together with modem medicine."¹⁰⁰ Until the reign of King Rama VI, from 1910 to 1925, when the Thai traditional medicine course and services were withdrawn from Siriraj Hospital and medical school in 1916.'¹⁰¹ For whatever reason,¹⁰² it reflected the high influence of modern medicine and other Western style in Thailand since then. In addition the Medical Practice Act was enacted in 1923 to control particularly medical services and practices which caused most traditional healers at that time to became illegal practitioners, because those who did not licenses and did not qualify according to the new regulations.¹⁰³

During following reigns of the King Rama VII, (1925 to 1934) and King Rama VIII, (1934 to 1946) modern medicine was generally recognised. In 1936, the Control of the Practice of the Art of Healing was enacted to control ail medical practitioners.¹⁰⁴ It was considered that the Western or conventional medicine, operated fully and officially in the medical services in Thai health care. In this regard, Thai traditional medicine nearly disappeared from Thai health care. However, those traditional healers who still survived by provide health care especially to the poor people in the remote areas where they could not access or afford the modem medicine services, which were normally located in the urban areas and more expensive than traditional medicine.¹⁰⁵

Lastly, under the present Thai King Rama IX since 1946, it has been felt that it was time to return to Thai traditional medicine.¹⁰⁶ In 1978, the significant international conference on primary health care known as the 'Declaration of Alma-Ata'¹⁰⁷ was concerned with the 'need for urgent action' from the world community to protect and promote the health of all people.¹⁰⁸ The WHO insisted on all member countries to provide a primary health care system for their people, and the inclusion of medicinal plants into the health care program.¹⁰⁹

Since then (1978), traditional medicine in Thailand has gradually developed both in government and NGOs sectors. In the government sector, the Institute of Thai Traditional Medicine was established in 1993 under the supervision of the Ministry of Public Health and later in 2002 the Department for the Development of Thai Traditional and Alternative Medicine was another government agency that was established for responding directly to the activities regarding the promotion and development of Thai traditional medicine.¹¹⁰

In this regard, the Foundation for the Promotion of Thai Traditional Medicine was a significant NGO, established in 1982, for improving and promoting Thai traditional practices and education.¹¹¹ A number of Thai traditional text books have been published by this Foundation.¹¹²

It is noted that, the reasons for the recovery of traditional medicine in Thailand is not only the WHO policy on primary health care as mentioned in the Alma-Ata Declaration but also the high cost of modern medicine.¹¹³

In this regard, about thirty percent of all diseases are serious and need modern medicine or health care specialists, while seventy percent are general illnesses.¹¹⁴ It means that general illnesses are able to be treated by traditional medicines.¹¹⁵ Thus, it is" not necessary to spend a huge budget particularly for modern medicine. Besides, some diseases that can not be cured by modern medicine, such as cancer, traditional medicine may be an alternative treatment of those diseases.