LITERATURE REVIEW FOR THE COLLECTION AND STUDY OF LAWS RELATED TO CONTROL OF INFECTIOUS DISEASE AT THE SECOND STAGE

Abstract

This research is a review of information with the aim of compiling and studying laws concerning control of infectious disease. In the second stage, the objective is to study, analyze and present approaches for developing regulations in support of the 1980 Act on Control of Infectious Disease and studies, analyzes and presents approaches to more effective enforcement of Laws concerning infectious disease. And it studies and analyzes other Thai laws concerning the prevention, control and monitoring of infectious disease, as well as presenting approaches for practice by those in authority and for personnel in enforcing the 1980 Act on Infectious Diseases.

This is a documentary research which studies and compiles information from books, texts, academic articles, research reports, theses, various relevant printed materials and information obtained from electronic media. The analysis and synthesis of the information take a descriptive approach.

The results of the research found that the 1980 Act on Infectious Disease was a law which emphasized control and prevention of epidemics of infectious disease and empowered the central government (the minister) to designate the kinds and symptoms of infectious disease. They are categorized as infectious, infectious and must be reported to local authorities, and dangerously infectious. The act includes, as well, measures to control epidemics and to designate the extent of the spread of the disease. Regarding local mechanisms, the governor represents the minister and is empowered by the minister’s decree. Implementation will be the province of public health personnel only. Staff will be appointed from among local government agencies only in order to receive reports and to inform public health personnel of any cases of the relevant infectious diseases, or of any other dangerous outbreaks of disease.

Regarding laws pertinent to preventing, controlling and monitoring infectious disease, there are many primary and subordinate types of laws which apply both directly and indirectly. These laws concern the processes of managing public health generally and fall into 3 categories:

1) laws which the Minister of Public Health is charged with upholding, i.e. acts such as the Infectious Disease Act of 1980 and the Public Health Act of 1982;

2) laws which the Minister of Public Health upholds in concert with other ministers, for example, the Act on Sanitation and Cleanliness of 1982, and the Act on Graveyards and Crematoria of 1975, which is maintained in concert with the Minister of the Interior; and

3) laws under the jurisdiction of other ministries in cases where the Ministry of Public Health has no responsibilities. But there are ordinances calling for collective action to protect the public health environment – for example, in acts promoting and protecting the environment and the act (1982) which controls the slaughter of livestock and sale of meat. The Minister of Interior has responsibilities here.

Recommendations from the research :

National and provincial level committees / mechanisms are needed to help control infectious diseases by making recommendations to ministers or governors for enforcement when circumstances arise. Regulations addressing and clarifying the appointment of public health officials should be corrected and improved.

Officials whose duties lie in this area, both at central and regional levels, should have better knowledge and understanding about existing laws and regulations, especially laws concerning public health. This would enable them to better work at their highest efficiency. Furthermore, the Ministry of Public Health should give more importance to integrating and facilitating the implementation of laws on infectious disease with existing laws on public health.