Reforming Thailand’s Health Workforce Legal Framework to Strengthen Health System Security in the ASEAN Context: A Case Study of Physicians and Nurses

Abstract

This research article aims to analyze and propose approaches for reforming Thailand’s legal and policy framework on the health workforce under the context of structural changes in the ASEAN Community in the decade following the COVID-19 pandemic, which has triggered a critical shortage of medical personnel at both regional and global levels. The study focuses on examining the role of law as a key mechanism for strengthening the stability and resilience of the health workforce system, particularly among physicians and nurses. This qualitative study employs in-depth interviews with 30 senior physicians and nurses, combined with an analysis of relevant legal documents, including statutes, regulations, and policy instruments at both national and ASEAN levels. The findings reveal that Thailand’s health workforce legal framework remains largely anchored in the labor liberalization paradigm of the ASEAN Economic Community (AEC) 2015, while the current context demands a legal approach that prioritizes the protection of domestic health system security alongside balanced regulation of professional mobility. The article proposes a Health Workforce Security Framework, which consists of four key components: (1) redefining the role of professional regulation from individual licensing toward system-based governance; (2) developing legally binding mechanisms for mutual recognition of professional qualifications; (3) designing legal measures to promote workforce retention; and (4) strengthening legal cooperation at the ASEAN level to prevent risks to the public’s right to equitable access to healthcare services.