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Feature Articles :

Fringe Medical
  Practices in Thailand

Analysis: Thailand’s
  Condominium Bubble

Neither Free nor Fair -
  Burma’s Sham Elections

US Immigration and
  Thai Sex Workers

Legal Rights of
  Transgenders and their
  Partners in Thailand

Renewable Energy
  in Thailand

The Erawan Shrine   Curse and the Red Shirt   Demonstrations

Marriage and Divorce
  in Thailand

Foreign Corrupt
  Practices Act and the
  Thailand Film Festival
Foreign Mafia in
Sex Laws in Thailand:
  Part 1

Thailand News :
22 June 11
   Top Court Chief Named
22 June 11
   Philip Morris Thailand
   Applauds WTO Tax
15 June 11
   True Accuses Total
   Access of Violating
   Thailand’s Foreign
   Business Act
8 June 11
   FDA Warning to
   Include Daily Nutrition
   Amount on Snack Food
30 May 11
   UN High Court Receives
   New Case from
30 May 11
   Extension of Privileges
   Sought by Thailand
   and Nine Other Countries
18 May 11
   Firms Given Deadline
   to Abide by Industrial
   Waste Disposal Law

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Thailand Lawyer Blog:
 Thailand Law Forum:
  Latest Updates–Including
  “Buying Gold in Thailand”
 The New Look of
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 US Refugee Visas: A
  Golden Ticket Finally
  Granted to a Juarez
 US Man Indicted for
  Impersonating a Lawyer:
  A Warning to Fake
  Lawyers in Thailand
 A Visit to the Border:
  Juarez El Paso and
  Murder City
 Will Thaksin Travel to
  the USA to Give
  Testimony: US Visa
  Problems and Extradition
 “Fringe” medical options
  while in Thailand: Still
  Considered “Fringe”?
  The Thai Worker’s
  Coca Leaf?
 Two International
  Divorce Cases Highlight
  International Prenuptial
 Gay and Lesbian Partner
  Visas in the US: Part and
  Parcel of the Immigration
 The Extradition of
  Viktor Bout: Political
  or Just Wasteful?
 Will Manny Pacquiao
  Save Boxing: Mixed
  Martial Arts versus Boxing
 Nothing Spells LOVE
  More than a Prenuptial
  Agreement: UK’s new
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  Case Decision
 Thai Chickens v. UK
  Chickens and Animal
  Rights in Thailand?
 Minnesota Lawyer
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Section 9. Apart from vacating office at the expiration of the term under section 8, the qualified member under section 7 shall vacate office upon:
           (1) death;
           (2) resignation;
           (3) being retired by the Minister;
           (4) being a bankrupt;
           (5) being an incompetent or quasi-incompetent person;
           (6) ceasing being a medical practloner, practioner or manager, in the case he is appointed to be a member of the Committee because of being in such position;
           (7) being sentenced by a final judgment or legally order to a term of imprisonment, unless the punishment is for an offence committed through negligence or a petty offence.

When the qualified member vacates his office before the expiration of his term, the Minister may appoint another person to replace him, unless the remainder of the term of the qualified member is less than ninety days, and such person shall hold office for the remaining term of the member he replaces.

Section 10. In a meeting of the Committee, the presence of not less than one-half of the total members is  required to constitute a quorum.

If the Chairman is not present at a meeting, or is unable to perform his duty, members who are present shall elect one among then to preside over the meeting.

Decision of the meeting shall be taken by majority of votes, In casting votes, each member of the Committee shall have one vote and in case of an equality of votes, the person who presides over the meeting shall have an additional vote as casting-vote.

Section 11. The Committee shall have the duty to give advice, opinion and recommendation to the Minister or the grant or concerning the following matters:
          (1)  the issuance of a Ministerial Regulation or Notification for the execution of this Act;
          (2) the permission of the operation of a sanatorium business, the management of a sanatorium, the closure of a sanatorium or the revocation of a license;
           (3 ) the promotion of the development of service of a sanatorium;
          (4)  the control or the consideration of petitions concerning the management of a sanatorium;
          (5) other matters as entrusted by the Minister or the grantor.

Section 12. The Committee shall have the power to appoint a sub-committee to consider and submit opinion concerning the matters within the authority of the Committee.

The provision of section 10 shall apply to the meeting of the sub-committee mutatis mutandis.

Section 13. In the performance of duties under this Act, the Committee and sub-committee appointed under section 12 shall have the power to issue an order in writing requiring any person to give statement or to submit documents or evidences concerned or other things for its consideration.

Operation of a sanatorium business  and Management of a sanatorium

Section 14. There are two types of sanatorium as follow:
          (1) an over-night sanatorium;
          (2) a non over-night sanatorium.

The qualifications of each type of sanatorium under paragraph one and its types of service shall be prescribed in the Ministerial Regulation.

Section 15. The Minister, with the advice of the Committee, shall have the power to issue a Notification prescribing the standard of service of a sanatorium.

Section 16. No person shall engage in a sanatorium business unless he has obtained a license from the grantor.

The application for and the issuance of license, and the type of the sanatorium shall be prescribed in the Ministerial Regulation.

Section 17. The person who apply for a license to operate the sanatorium business must possess the following qualifications and not be under the following prohibitions:
           (1) being not less than twenty years of age;
           (2) having his domicile in Thailand;
           (3) not having been sentenced by a final judgment or legal order to a term of imprisonment, unless the punishment is for an offence committed through negligence or a petty offence;
           (4) not suffering from the disease prescribed by the Minister in the Government Gazette;
           (5) not being a bankrupt;
           (6) not being an unsound-mind, incompetent or quasi-incompetent.

In the case the applicant is a Juristic person, its manager or representative must possess the qualifications and not be under any of the prohibitions under paragraph one.

Section 18. In the consideration of an issuance of a license of the grantor, it shall appear that the applicant has completely organized all the following cases:
(1) an action plan for the establishment of a sanatorium which has been authorized under the rules, procedure and conditions as prescribed in the Ministerial Regulation;
(2) a sanatorium which possesses the qualifications as prescribed in the Ministerial Regulation issued under section 14;
(3) the instrument, things, medical supplies or vehicles which is necessary for that sanatorium in the same types and amount as described in the Ministerial Regulation;
(4) the practitioners in a sanatorium in the branches and number as prescribed in the Ministerial Regulation;
(5) the name of the sanatorium as prescribed in the Ministerial Regulation.

For the purpose of the protection of the consumer right in public health service, the Minister, with the advice of the Committee, shall have the power to issue the Notification prescribing the number of authorized sanatoriums or the type of medical services in the sanatorium in any area.

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