Section 10. In the case where there exists an incident affecting
health of the public, a State agency having information related to such incident shall expeditiously provide and disclose such information and the protection
thereof to the public.
The disclosure under paragraph one shall not be done in such a
manner as to infringe personal right of any specific person.
Section 11. An individual or a group of people has the right to
request for an assessment and participating in the assessment of health impact
resulting from a public policy.
An individual or a group of people shall have the right to acquire
information, explanation and underlying reasons from state agency prior to a
permission or performance of a programme or activity which may affect his or
her health or the health of a community, and shall have the right to express his
or her opinion on such matter.
Section 12. A person shall have the right to make a living will in
writing to refuse the public health service which is provided merely to prolong
his/her terminal stage of life or to make a living will to refuse the service as to
cease the severe suffering from illness.
The living will under paragraph one shall be carried out in
accordance with the rules and procedure prescribed in the Ministerial
Regulation.
An act done by public health personnel in compliance with the
living will under paragraph one shall not be held an offence and shall not be
liable to any responsibility whatsoever.
CHAPTER II
National Health Commission
Section 13. There shall be a National Health Commission to be
called “NHC” in brief, consisting of:
(1) the Prime Minister or the Deputy Prime Minister entrusted by
the Prime Minister as Chairperson;
(2) the Minister of Public Health as Vice Chairperson;
(3) not exceeding five Ministers designated by the Prime Minister
as members;
(4) the President of the National Economic and Social Advisory
Council as member;
(5) the President of the National Human Rights Commission as
member;
(6) representatives of the local government organisations, being
elected among themselves to be four in number, as members;
(7) a representative from each of the public health professional
organisations established by law, as members;
(8) representatives of the professional committees established
under the law on practicing the art of healing, being elected among themselves
to be one in number, as member;
(9) qualified persons of any field other than those of public health
professional practitioners, being elected among themselves to be six in number,
as members;
(10) representatives of organisations from priv0ate sector without
profit seeking objectives, notwithstanding they are juristic persons or not, being
elected among themselves to be thirteen in number, as members.
The Secretary-General shall be member and secretary, and shall
appoint not more than two officials of the Office to be assistant-secretaries.
Section 14. The members under section 13 (6), (7), (8), (9) and
(10) shall possess the qualifications and shall not be under any of the
prohibition as follows:
(1) being of Thai nationality;
(2) not being under twenty years of age;
(3) not being under mental disorder which may obstruct the
performance of duties;
(4) not being addicted to narcotic drug;
(5) never having been expelled, dismissed, or removed under
disciplinal punishment from a State agency.
(6) never having been imprisoned by a final judgment, except for
an offence committed through negligence or a petty offence.
Section 15.
The selecting procedure for the members under section
13 (6) shall be proceeded as follows:
(1) the Governor of the Bangkok Metropolitan, the Governor of the
Pattaya City, and the heads of the local government organisations which are
established under specific laws of the same nature, one of which being elected
among them;
(2) the heads of all municipalities, one of which being elected
among them;
(3) all presidents of Changwat Administrative Organisations, one
of which being elected among them;
(4) all presidents of Tambon Administrative Organisations, one of
which being elected among them;
In selecting the members under (2), (3) and (4) the Selective
Committee may organise a meeting for election among their own groups or may
call for application for candidates to be voted among their own groups by post
or by any other means as prescribed by the Selective Committee.
Section 16. The selecting procedure for the member under section
13 (8) shall be as prescribed by the Committee under the law on practicing the
art of healing.
Section 17. The selecting procedure for the members under section
13 (9) shall be in accordance with the rules and procedure prescribed by the
Selective Committee.
In prescribing the rules under paragraph one, the Selective
Committee shall divide the qualified persons into six groups, each of which
shall elect one among themselves to represent each group.
A qualified person shall be placed into a group as he or she applies
to the Selective Committee. Moreover, the Selective Committee may propose
any person into the names list of any group as it deems appropriate but not
exceeding one third of applicants in each group; unless there are less than five
applicants in any group, the Selective Committee may propose not more than
five persons into such group.
A qualified person who applies to the group under paragraph three
shall possess the specific qualifications prescribed by the Selective Committee
for such group and no person shall apply for more than one group.
The division of qualified persons into groups under paragraph two
shall be publicized not less than sixty days in advance of the election. Such
division into groups shall be rearranged in every election.
Section 18. In selecting the members under section 13 (10), the
Selective Committee shall proceed as follows:
(1) organisations from private sector shall be classified into groups
according to their nature of activities related to health;
(2) organisations from private sector in each Changwat which
desire to participate shall register in each group under (1);
(3) the persons with written delegation of power of the
organisations from private sector registered under (2) in each Changwat shall
elect one among themselves in each group;
(4) the persons elected under (3) to be representatives of each
group in each Changwat shall attend a meeting and elect one among themselves
to be representative of the Changwat;
(5) all Changwats shall be divided into thirteen areas, whereby the
Bangkok Metropolis is one of them; the representative of each Changwat in
each area under (4), except the Bangkok Metropolis, shall organise a meeting to
elect one among themselves to be representative of each area.
Provided that it shall be proceeded in accordance with the rules,
procedure and period of time prescribed by the Selective Committee.
Section 19. There shall be a Selective Committee appointed by
NHC consisting of the following:
(1)a member under section 13 (7), (8), (9) or (10) as Chairperson;
(2) qualified persons appointed from a representative of the
Ministry of Public Health, a public health professional practitioner, a professor
of the University of the State who is not a public health professional practitioner,
a mass media practitioner, a person acting as legal representative of the private
organisation which is a juristic person performing activities related to health
without profit seeking objectives, as members;
(3) the Secretary-General shall be secretary of the Selective
Committee.
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