ASEAN MRA on Medical Practitioners

Announcement of the Medical Council of Thailand 1/2011

Title: Permission granted to foreign physicians working as consultant or specialists to practice medicine

         Based on the paragraph 21 (dorchada) of Medical Practice Act B.E. 2525 (1982), the committee of the Medical Council of Thailand announced on the 11^th November, 2553 (2010) rules for the permission given to foreign physicians to practice medicine in Thailand while they are working as consultant or specialists:

1. Working units or institutions entitled to apply for the permission:

The Ministry of Public Health, other governmental health institutions; governmental enterprise on central, regional and local level will have the authority to file applications for the permission on behalf of the foreign medical consultant or specialist.

2. Required qualification of the consultant or specialist:

            2.1. Possessing a medical degree or certificate from the institution he/she has graduated from and holding a medical license approved by the Medical Council of his/her country of origin or residence.

            In case a medical degree or medical license is not available, permission can be granted in case of a positive consideration by the committee of the Medical Council of Thailand.

            2.2. The consultant or specialist has to work in the field of medical research and will provide clinical information to Thai governmental working units or governmental enterprises or organizations, or working under other conditions approved by the Medical Council of Thailand

3. Permission process:

            3.1. The application form for the permission must be signed by the head or other authorized persons of his/her working unit mentioned under section 2.2 and must be addressed to the Secretary General of the Medical Council of Thailand.

            3.2. Application form:

                        3.2.1. The application form must state the name and the detail of the project the consultant or specialist is attached to as well as the place, and duration of the project.

                        3.2.2. The name of the consultant or specialist must be given according to his/her name shown in his/her passport; in case of a Thai passport, the name has to be written both in Thai and English.

                        3.2.3. The name of the working unit under which the consultant/specialist will practice medicine in relation to the project must be given.

                        3.2.4. The name of a physician already holding a permission of the Medical Council of Thailand and supervising the foreign consultant/specialist throughout the project period must be indicated.

                        3.2.5. Photocopies of documents and certificates certified by the working unit mentioned under section 1 must be enclosed with the application form:

Those photocopies are:

                                    3.2.5.1. Photocopy of the medical degree of the foreign consultant/specialist

                                    3.2.5.2. Photocopy of a valid medical license of the foreign consultant/specialist (obtained from the relevant institution of his/her country of origin or residence)

                                    3.2.5.3. Two recent photos 2″x2″ (not older than one year)

            3.3. The application form for the permission as outlined under section 3.2 should be sent to the Secretary-General of the Medical Council of Thailand at least two months prior to the date the permission is requested; the period of two months is specified after receiving of the application form.

In case permission is urgently needed the application should be made as soon as possible together with the statement of the reasons why it is not possible to wait for two months before the permission will be granted.

The foreign physician is not permitted to practice medicine while waiting for the permission

4. Criteria of the permission being granted:

            4.1. The period for the individual permission will not exceed one year, and will not be beyond the validation of the medical license of the foreign physician.

            4.2. The permission will be granted according to the date requested or the date the Medical Council received the application form, and cannot be granted retrospectively.

            4.3. The permission letter will be issued by the Medical Council of Thailand with the details mentioned below:

                        4.3.1. Name of the project as in section 3.2.1

                        4.3.2. Name of the consultant/specialist as mentioned in section 3.2.2

                        4.3.3. Name of physician supervising and the working unit responsible for the medical practice of the consultant/specialist throughout the project (as mentioned under section 3.2.3 and 3.2.4).

                        4.3.4. The project duration period

                        4.3.5. The place where the medical practice is being carried out (it is not allowed to practice medicine outside the area the permission has been requested for).

                        4.3.6. Other conditions as defined by the Medical Council of Thailand

5. The consultant/specialist has to observe the following rules and conditions:

            5.1. The consultant/specialist who receive the permission has to strictly observe the Thai law in connection with the Medical Practice Act B.E. 2525 (1982) and the regulations of the Medical Council of Thailand in the same way as other physicians who received the medical license from the Medical Council of Thailand

            5.2. The Medical Council of Thailand may ask its health unit to follow up and evaluate the project the consultant/specialist is working with.

            5.3. The working unit that applied for the permission must be always aware of the contact address of the consultant/specialist while he/she is working in Thailand and must also know his/her address of his/her country of residence after he/she has completed working in Thailand.

            5.4. Consultant/specialist must send a report about his/her medical practice within the project to the Medical Council of Thailand every six months or according to the period requested by the Medical Council of Thailand.

            5.5. The Medical Council of Thailand may consider abolishing the permission before its due time, if the working unit mentioned in section 1 do not follow the regulation laid down by the Medical Council of Thailand, or the consultant/specialist who received the permission does not follow the Thai law and the Medical Practice Act B.E. 2525 (1982) or violate other regulations of the Medical Council of Thailand.

Awareness of the working unit and the consultant/specialist about the Thai laws:

            1. The penalty related to the criminal law refers in case of a criminal conduct of the consultant/specialist to him/her personally.

            2. The punishment related to the civil law will be according to the civil and commercial code of the Thai law.

            3. The moral responsibility the consultant/specialist has to observe is based on the Medical Practice Act B.E. 2525 (1982),

Laws directly involved: Physicians who carry out the medical practice in Thailand without the permission of the Medical Council of Thailand will be sentenced to ≤ 3 years in prison or be fined of ≤ 30,000 Baht or both, and be sentenced and be fined according to the law. Therefore, this particular law is issued and announced to be followed by physicians and working units involved.

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