การพัฒนากฎหมายเกี่ยวกับระบบการแพทย์แผนไทย ศึกษาเฉพาะกรณีพืชสมุนไพร

Abstract

This research aims to study about the factual problems and problems in the law used in Thai traditional medicine system and herbal plants. The factual problems as follows; the problems regarding the burden in medical and public health expenses, a burden to be carried in terms of expenses rate that is continuously increased. This causes the government and other related organizations see the need to apply Thai traditional medicine and herbal plants to use as other means of treatment. The capital is another problem in supplying the raw materials to use in manufacturing medicine, which need to be imported from overseas and the price is high. That causes a country to have a balance of trade deficit in terms of spending several millions Bath every year on importing the raw material of which used in producing medicine. Besides, the small size of medical industry, unable to a developing country to produce cheap medical production. The other problem concerning the law Such as a problem in reformation and development of Thai traditional medicine, which are still not successful, and not widely solve the problems that still exist at present. As well asan inappropriate management in Thai traditional medicine study. That is, the knowledge is still limited only within the books which have been approved, causing the indigenous wisdom, or the knowledge which have been passed on from the ancestors not to be accepted, or in a case of receiving a Thai traditional medical license need to be approved only by The Medical Council of Thailand. The other problem is, the lack of identicalness among the laws, and each of the law themselves have some disagreement. Among organizations or officials are also not united in terms of performing work. Even the case of the formulary of traditional medicine still has many limits. From the aforementioned factual problems and problems regarding the law are all the results from the enforcement of present law. It doesn’t cover the problems nor is it suitable under present circumstances, plus the exist of gaps in laws, which bring about a research on this topic. In addition, the research conductor, myself, have studied the origin, history, concept, and the system of Thai traditional medicine, followed by its other related organizations, research works both in Thai and from foreign countries. Along with the intensive interviews about Thai traditional medicine and herbal plants from many example groups of people, to find out the causes, obstacles, and possible solution to the existing problems, and then study and analyze the obtained data until meet the conclusion, after that go next step in developing the law regarding Thai traditional medicine and herbal plants as well as making conceptual framework for the next research According to the result from the research, found that the main factors on the factual problems, and problems regarding the law in Thai tradition medicine and herbal plants, come from the current enforcement the present law which are not relevant and can not be applied to use to solve the problems in the right time. This give rise to the factual problems and the problems regarding the law to happen as mentioned above. If these problems still exist, they would affect a country’s economy system and community overall. Personally, I see the problem in Thai traditional medicine and herbal plants should really have an appropriate law development. I suggest that the supervision and control of the committees for a profession in Thai traditional medicine be separated from the those committees, who in charge of artistic medical treatment organization. Besides, I agree with the support to set up the “The council of Thai traditional medicine” to take control directly over The Thai traditional medicine and herbal plants. This is to support the professions in Thai medical medicine and herbal plants and to set its own standards in terms of profession and ethical value. Including having a control over illegal means of making benefits from this profession. With all these reasons, the development of law in Thai traditional medicine, is very crucial to study and analyze.