National Health Act, B.E. 2550 (2007)
(Unofficial English Translation (revised May 2025)
BHUMIBHOL ADULYADEJ, REX
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 advice and consent of the
National Legislative Assembly, as follows:
Section 1
This Act is called the “National Health Act, B.E. 2550 (2007)”
Section 2
This Act shall come into force as from the day following the date of its publication in the Government Gaxette
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 the 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 professional 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 organizing
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 organization, 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.
CHAPTER I
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 duty to cooperate with State agencies 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, complex 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, 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.
Section 10
In the case where there exists an incident affecting health of the public, a State agency having information related to such incident shall expeditiously provide and disclose such information and the protection thereof to the public.
The disclosure under paragraph one shall not be done in such a manner as to infringe personal right of any specific person.
Section 11
An individual or a group of people has the right to request for an assessment and and to participate in the assessment of health impact resulting from a public policy.
An individual or a group of people shall have the right to acquire information, explanation and underlying reasons from state agency prior to a permission or performance of a program or activity which may affect his or her health or the health of a community, and shall have the right to express his or her opinion on such matter.
Section 12
A person shall have the right to make a living will in writing to refuse the public health service which is provided merely to prolong his/her terminal stage of life or to make a living will to refuse the service as to cease the severe suffering from illness.
The living will under paragraph one shall be carried out in accordance with the rules and procedure prescribed in the Ministerial Regulation.
An act done by public health personnel in compliance with the living will under paragraph one shall not be held an offence and shall not be liable to any responsibility whatsoever.
CHAPTER II
National Health Commission
Section 13
There shall be a National Health Commission to be called “NHC” in brief, consisting of:
(1) the Prime Minister or the Deputy Prime Minister entrusted by the Prime Minister as Chairperson;
(2) the Minister of Public Health as Vice Chairperson;
(3) not exceeding five Ministers designated by the Prime Minister as members;
(4) the President of the National Economic and Social Advisory Council as member;
(5) the President of the National Human Rights Commission as member;
(6) representatives of the local government organizations, being elected among themselves to be four in number, as members;
(7) a representative from each of the public health professional organizations established by law, as members;
(8) representatives of the professional committees established under the law on practicing the art of healing, being elected among themselves to be one in
number, as member;
(9) qualified persons of any field other than those of public health professional practitioners, being elected among themselves to be six in number, as members;
(10) representatives of organizations from private sector without profit seeking objectives, notwithstanding they are juristic persons or not, being elected among hemselves to be thirteen in number, as members.
The Secretary-General shall be member and secretary, and shall appoint not more than two officials of the Office to be assistant-secretaries.
Section 14
The members under Section 13 (6), (7), (8), (9) and (10) shall possess the qualifications and shall not be under any of the prohibition as follows:
(1) being of Thai nationality;
(2) not being under twenty years of age;
(3) not being under mental disorder which may obstruct the performance of duties;
(4) not being addicted to narcotic drug;
(5) never having been expelled, dismissed, or removed under disciplinal punishment from a State agency.
(6) never having been imprisoned by a final judgment, except for an offence committed through negligence or a petty offence.
Section 15
The selecting procedure for the members under Section 13 (6) shall be preceded as follows:
(1) the Governor of the Bangkok Metropolitan, the Governor of the Pattaya City, and the heads of the local government organizations which are established under specific laws of the same nature, one of which being elected among them;
(2) the heads of all municipalities, one of which being elected among them;
(3) all presidents of Changwat Administrative Organizations, one of which being elected among them;
(4) all presidents of Tambon Administrative Organizations, one of which being elected among them;
In selecting the members under (2), (3) and (4) the Selective Committee may organize a meeting for election among their own groups or may call for application for candidates to be voted among their own groups by post or by any other means as prescribed by the
Selective Committee.
Section 16
The selecting procedure for the member under Section 13 (8) shall be as prescribed by the Committee under the law on practicing the art of healing.
Section 17
The selecting procedure for the members under Section 13 (9) shall be in accordance with the rules and procedure prescribed by the Selective Committee.
In prescribing the rules under paragraph one, the Selective Committee shall divide the qualified persons into six groups, each of which shall elect one among themselves to represent each group.
A qualified person shall be placed into a group as he or she applies to the Selective Committee. Moreover, the Selective Committee may propose any person into the names list
of any group as it deems appropriate but not exceeding one third of applicants in each group; unless there are less than five applicants in any group, the Selective Committee may propose not more than five persons into such group.
A qualified person who applies to the group under paragraph three shall possess the specific qualifications prescribed by the Selective Committee for such group and no person shall
apply for more than one group.
The division of qualified persons into groups under paragraph two shall be publicized not less than sixty days in advance of the election. Such division into groups shall be rearranged in every election.
Section 18
In selecting the members under Section 13 (10), the Selective Committee shall proceed as follows:
(1) organizations from private sector shall be classified into groups according to their nature of activities related to health;
(2) organizations from private sector in each Changwat which desire to participate shall register in each group under (1);
(3) the persons with written delegation of power of the organizations from private sector registered under (2) in each Changwat shall elect one among themselves
in each group;
(4) the persons elected under (3) to be representatives of each group in each Changwat shall attend a meeting and elect one among themselves to be representative of the Changwat;
(5) all Changwats shall be divided into thirteen areas, whereby the Bangkok Metropolis is one of them; the representative of each Changwat in each area under (4), except the Bangkok Metropolis, shall organize a meeting to elect one among themselves to be representative of each area.
Provided that it shall be preceded in accordance with the rules, procedure and period of time prescribed by the Selective Committee.
Section 19
There shall be a Selective Committee appointed by NHC consisting of the following:
(1) a member under Section 13 (7), (8), (9) or (10) as Chairperson;
(2) qualified persons appointed from a representative of the Ministry of Public Health, a public health professional practitioner, a professor of the University of the State who is not a public health professional practitioner, a mass media practitioner, a person acting as legal representative of the private organization which is a juristic
person performing activities related to health without profit seeking objectives, as members;
(3) the Secretary-General shall be secretary of the Selective Committee.
Section 20
The Selective Committee shall have powers and duties as follows:
(1) determining the procedure, rules and period of time as well as other activities as prescribed in Section 15, Section 17 and Section 18;
(2) appointing a sub-committee for the performance of duties as entrusted by the Selective Committee.
Section 21
The members under Section 13 (6), (7), (8), (9) and (10) shall hold office for a term of four years; however, no member under Section 13 (7), (8), (9) and (10) shall hold office for two consecutive terms.
The outgoing member who vacates office upon the expiration of term shall remain in office to perform the duties until the newly appointed member takes office.
Before the expiration of term of office, an election for member of the same category shall be carried out for further appointment not later than ninety days before such expiration of term.
Section 22
In addition to the vacation of office upon the expiration of the term, the member under
Section 13 (6) vacates office upon the vacation of any office as enumerated in Section 15
(1), (2), (3) or (4) as the case may be.
Section 23
In addition to the vacation of the office upon the expiration of the term, the member under
Section 13 (6), (7), (8), (9) and (10) vacates office upon:
(1) death;
(2) resignation;
(3) being imprisoned;
(4) being removed from office by the resolution of not less than two-thirds of the remaining members of NHC on the ground of deficiency, misbehavior or;
(5) being disqualified or being under any of the prohibitions under Section 14.
Section 24
The rules and procedure of the meeting and the performance of duties of NHC shall be in accordance with the rule prescribed by NHC.
Section 25
NHC shall have powers and duties as follows:
(1) to prepare a statute on national health system for consideration of approval of the Council of Ministers;
(2) to give suggestion or advice related to policies and strategies on health to the Council of Ministers, and to follow-up the implementation of such suggestion or advice, as well as to disclose such implementation to the public;
(3) to organize a national health assembly and support the organization of a health assembly in a specific locality or on a specific issue;
(4) to provide, promote or support the process of health policies and strategies development for continuity of performance of activities and public participation from all sectors;
(5) to prescribe rules and procedure on monitoring and evaluation in respect of national health system and the impact on health resulting from public policies, both in the level of policy making and implementation;
(6) to give suggestion or advice on the amendment of this Act or the issuance of Ministerial Regulation under this Act;
(7) to make policy and supervise the performance of activities of the Board and the Office;
(8) to appoint a committee, sub-committee or working group for the performance of duties entrusted by NHC;
(9) to set the rule on meeting allowances other than those of NHC and the rule on traveling expenses and other expenses in the performance of duties under this Act;
(10) to perform other duties prescribed under this Act or other laws or as entrusted by the Council of Ministers.
CHAPTER III
Office of the National Health Commission
Section 26
The Office of the National Health Commission shall be established as a State agency other than Government agency or State enterprise.
CHAPTER IV
Health Assembly
Sections 40–45 [text unchanged]
CHAPTER V
Statute on National Health System
Sections 46–48 [text unchanged]
CHAPTER VI
Penalties
Section 49
Any person who violates Section 7 or Section 9 shall be liable to imprisonment for a term not exceeding six months or to a fine not exceeding ten thousand baht, or both.
This offence is compoundable.
Transitory Provisions
Sections 50–55 [text unchanged]
Published in the Government Gazette Vol. 124, Part 16 A, 19 March B.E. 2550 (2007) and corrected in Vol. 124, Part 17 A, 26 March B.E. 2550.
Disclaimer:
This English version has no legal force; only the Thai text as published in the Government Gazette is authoritative. This translation is provided for information purposes only. While care has been taken to enhance clarity, no liability is accepted for its use. Readers should verify the meaning and intent of any provision from the original Thai text or by consulting qualified legal professionals.
