Thailand’s Legal Framework Concerning Drugs

Abstract

This study aimed to explore and summarize current landscape of Thailand’s laws and regulations concerning drugs and related legal problems. The study was conducted through documentary research and gathering of experts’ opinion on key problems and recommendations. On governance of drug system, it was found that there were 39 pieces of associated laws concerning drugs which can be further categorized into 5 categories which are laws on pharmaceutical products control (4 pieces), laws on governance of healthcare professions and service (11 pieces), laws on consumer protection (5 pieces), laws on trade and commerce (10 pieces), and laws on others specific responsibility (9 pieces). On financing of drug system, the laws on trade and commerce have significant bearing on higher national drug expenses. Although Thailand has been implementing the universal health coverage program; but laws on health security is still unable to prevent bankruptcy due to high healthcare cost. On drug research and development and drug manufacturing, the laws on pharmaceutical product control does not have tangible measure promoting domestic drug research and development with the exception of recently passed Herbal Products Act B.E.2562. On drug selection, laws on pharmaceutical product control focuses on registration procedure which emphasizes effectiveness, efficiency, and safety of the product. Selection procedure was established for drugs listed in the National List of Essential Medicines which are then offered through benefit package of all health security funds. On drug procurement, Governmental Procurement and Inventory Management Act B.E. 2560 allows government departments to organize collective bargaining on district/provincial level, which departments under the Ministry of Public Health are particularly receptive to, resulting in reduction in drug expenses. Health security funds also negotiating drug prices on national level to procure essential drugs at reasonable price thus increase accessibility for the patients. On drug distribution, Drugs Act, B.E. 2510 and Health Facility Act, B.E. 2541 allows drug stores and private clinics, in addition to hospitals, to dispense prescription drugs. This alleviates workload and traffic in and to hospitals as patients may bring prescription to those alternative distribution channels. On drug utilization, At present grants preliminary recompense to patients who suffer from improper medical services according to health security laws and also facilitates litigation for further compensation through consumer protection laws.As a recommendation to enable effective enforcement of laws concerning drug leading to intended result, agenda for rigorous enforcement, passing of new laws in certain issues, amendment to specific details which hinder the development of nation’s drug system should be prioritized.