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14 March 2013

National Health Act,
B.E. 2550 (A.D. 2007)

Given on the 3 rd Day of March B.E. 2550;
Being the 62nd Year of the Present Reign.

King Bhumibhol Adulyadej is graciously pleased to proclaim that:

Whereas it is expedient to have the law on national health,

Be it, therefore, enacted by H.M. the King, by and with the advise and consent of the National Legislative Assembly, as follows:

Section 1. This Act is called the “National Health Act, B.E. 2550”

Section 2. This Act shall come into force as from the day following the date of its publication in the Government Gazette**.

Section 3. In this Act,
“health” means the state of human being which is perfect in physical, mental, spiritual and social aspects, all of which are holistic in balance;

“spiritual” means the comprehensive knowledge and conscience leading to kindness and sympathy;

“health system” means overall relations in connection with health;

“public health service” means any service related to health promotion, prevention and control of diseases and health hazards, diagnosis and treatment of illness and rehabilitation of person, family and community;

“public health personnel” means a public health service provider under the law, rules or regulations;

“public health profession practitioner” means the professional practitioner under the law on medical establishment;

“health assembly” means the process in which the public and related State agencies exchange their knowledge and cordially learn from each other through an organising systematic forum with public participation, leading to suggestion of healthy public policy or public healthiness;

“member” means the member of the National Health Commission;

“Selective Committee” means the Selective Committee for Selecting Members of the National Health Commission;

“Secretary-General” means the Secretary-General of the National Health Commission;

“Office” means the Office of the National Health Commission;

“Board” means the Board of the Office of the National Health Commission;

“Board member” means the member of the Board;

“State agency” means the central government agency, provincial government agency, local government agency, State enterprise, professional practice regulating organ, public organisation, and other State agency;

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

Section 4. The Prime Minister and the Minister of Public Health shall have charge and control of the execution of this Act, and shall have power to issue Ministerial Regulation for the implementation of this Act.

Such Ministerial Regulations shall come into force upon their publication in the Government Gazette.

Rights and Duties in Respect of Health

Section 5. A person shall enjoy the right to live in the healthy environment and environmental conditions.
A person shall have the duties in cooperation with State agency in generating the environment and environmental conditions under paragraph one.

Section 6. A woman’s health in aspect of her gender and reproductive system which is of specific characteristics, complicate and
influential to her total life span, shall be harmoniously and appropriately promoted and protected.

The health of a child, a disabled person, an elderly person, and a socially deprived person, as well as, groups of people with specific health characters, shall also be relevantly and appropriately promoted and protected.

Section 7. Personal health information shall be kept confidential.
No person shall disclose it in such a manner as to cause damage to him or her, unless it is done according to his or her will, or is required by a specific law to do so. Provided that, in any case whatsoever, no person shall have the power or right under the law on official information or other laws to request for a document related to personal health information of any person other than himself or herself.

Section 8. In providing health service, a public health personnel
shall provide health information in connection with the service to the service receiver as adequately as to decide the proper choice of service. In case he or she refuses to receive service, no person shall provide service to him or her.

In case of damage or danger occurring to the service receiver due to failure to disclose the facts he or she knows or ought to inform, or due to informing a false statement to the service provider, the service provider shall not be responsible to such damage or danger, except in case of gross negligence on his or her part.

The provisions of paragraph one shall not apply to the following cases:
(1) the service receiver is fatally ill and needs help urgently;
(2) the service receiver is not in the state enabling him or her to acknowledge the information and it is not possible to inform any class of statutory heir under the Civil and Commercial Code, guardian, curator, or custodian of the service receiver, as the case may be, at that moment.

Section 9. In the case where a public health professional practitioner demands to use a service receiver as subject of experiment in a
research, he or she shall inform the service receiver in advance and the consent must be permitted in writing before carrying out the experiment. Such consent may be revoked at any time.

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