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The Professional Nursing and Midwifery Act B.E. 2528 (1985)

 

Bhumibol Adulyadej, Rex.

Given on the 20th Day of August B.E. 2528

In the 40th Year of the Present Reign

 

His Majesty King Bhumibol Adulyadej is graciously pleased to proclaim that :

Whereas it is deemed expedient to stipulate laws dealing with the profession of nursing and midwifery.

Be it, therefore, enacted by the king, by and with the advice and consent of the Parliament, as follows :

 

Section 1:

This Act shall be called “The Professional Nursing and Midwifery Act B.E. 2528 (1985)”

Section 2:

This Act shall come into force on the next day following its publication in the Royal Government Gazette.

Section 3:

This Act shall supersede all previous laws and regulations which stipulated the same subject matter as this Act or which are in conflict or contrary to the provisions of this Act.

Section 4:

In this Act,

“professional nursing and midwifery” means the profession relating to nursing and midwifery.

“Nursing” means the actions related to helping and caring for the sick for the purpose of alleviating the symptoms of illness and preventing it from deterioration, assessment of their health condition, promotion, and rehabilitation of health, diseases prevention, including providing assistance to physicians and execution of a physician instructions in a treatment, based on scientific principles and the art of nursing.

“Midwifery” means examination, giving advice, promotion of health and care given to a pregnant woman in order to prevent complications during her pregnancy and childbirth, conduct of labor and delivery. This includes post-natal care for both the mother and child, providing assistance to a physician and execution of a physician’s instructions in a treatment based on scientific principles and the art of midwifery.

“Practitioner of nursing profession” means a person who has been registered and received a license granted by the Nursing Council to conduct this profession.

“Practitioner of midwifery profession” means a person who has been registered and received a license granted by the Nursing Council to conduct this profession.

“Practitioner of the nursing and midwifery profession” means a person who has been registered and received a license granted by the Nursing Council to conduct both professions.

“License” means a license issued by the Nursing Council to a person qualified to conduct the profession of nursing or midwifery or both.

“Member” means anyone who is a member of the Nursing Council.

“Committee member” means a committee member of the Nursing Council.

“Committee” means the Nursing Council Committee.

“Secretary-General” means the secretary-general of the Nursing Council.

“Minister” means the minister in charge according to this Act.

Section 5:

The Minister of Public Health shall be the Minister in charge according to this Act. The Minister shall have the power to issue Ministerial Regulations prescribing fees not exceeding the amount stated in or appended to this Act. The contents of the regulations must also be in accordance with this Act.

The Ministerial Rules and Regulations shall be effective after its publication in the Royal Government Gazette.

 

Chapter I

Nursing Council

 

Section 6:

A Nursing Council is hereby established with the objectives and authority in accordance with this Act. The Nursing Council shall hold a juristic person status.

Section 7:

The Nursing Council shall have the following objectives:

(1) to monitor the conduct of those who are practitioners of nursing and/or midwifery to ensure that it is in accordance with the ethics of this particular profession.

(2) to promote education, research and advancement of the profession.

(3) to promote solidarity among and uphold the dignity of the members.

(4) to assist, advise, educate, and disseminate information to public and other organizations regarding to the scientific knowledge base of nursing, midwifery and public health.

(5) to provide consultation and recommendation to the government concerning problems related to nursing, midwifery and public health.

(6) to be the professional voice of nurses/midwives and represent their interests and concerns.

(7) to help in the search for justice and to promote welfare to members.

Section 8:

The Nursing Council shall have the following powers and responsibilities:

(1) to arrange for the registration and licensing of those who apply for the permission to practice nursing and/or midwifery.

(2) to suspend or revoke a nursing and/or midwifery license.

(3) to certify educational and training curricula of an institute that wishes to offer courses or programs related to nursing or midwifery.

(4) to endorse accreditation of the academic institution that offers the teaching and training specified in (3).

(5) to approve the degree, diploma, certificate or specialist certificate issued by an institute that offers a program in this field.

(6) to issue a letter of approval or certification of specialization or other forms of certification to those who conduct the profession of nursing and/or midwifery.

(7) to function according to the objectives of the Nursing Council.

Section 9:

The Nursing Council may receive, take and disburse the following kinds of income and funds:

(1) grants from the government fiscal budget.

(2) registration fees and membership fees from ordinary members or any other kinds of fees.

(3) benefits derived from other activities of the Council according to the objectives in Section 7.

(4) cash and other assets donated to the Council.

(5) interest accrued to cash or other assets in (1), (2), (3) and (4) above.

Section 10:

The Minister shall act as a special President of the Nursing Council and has the power and responsibility according to this Act.

 

Chapter 2

Members

 

Section 11:

The Nursing Council comprises two types of members:

(1) Ordinary members who shall have the following qualifications:

A) are at least 18 years old

B) are knowledgeable in the fields of nursing or midwifery, having obtained a degree, diploma or certificate in the fields of nursing, midwifery on nursing and midwifery from institutions approved by the Council.

C) have no record of such misbehavior that the committee feels is threatening to the honor and reputation of the profession.

D) have no record of conviction by a final court judgment or a lawful order to serve an imprisonment sentence in a case which the committee finds threatening to the honor and reputation of the profession.

E) are not insane, of unsound mind or infected with some kinds of diseases specified in the Council regulations.

(2) Honorary Members are qualified persons who the Council invites to be a member.

Section 12:

An Ordinary member shall have the following rights and duties:

(1) to be registered and granted a license to conduct the profession of nursing and/or midwifery and a certificate of specialization or other related document as particularly required by each respective field.

(2) to express written opinion concerning The Nursing Council’s activities which shall be submitted to The Committee for consideration. In the case where 50 or more ordinary members propose that a matter concerning The Nursing Council’s activities be considered by the Committee, the latter shall consider it and notify the results to those concerned without delay.

(3) to cast a vote or be elected or nominated to be a committee member.

(4) to uphold the dignity and honor of the profession according to this Act

Section 13:

Membership shall be terminated in the case following events :

(1) death

(2) resignation

(3) lack of qualifications as stated in Article 11 (1)

 

Chapter 3

Committee

 

Section 14:

A committee of the Nursing Council is hereby established. It shall be composed of the Permanent Secretary of the Ministry of Public Health as the President of the Council, 3 representatives from the University Affairs Bureau, 3 representatives from the Ministry of Public Health, 3 representatives from the Ministry of Defense, 1 representative from the Ministry of the Interior and one representative from the Thai Red Cross Society. These members shall be nominated by the Permanent Secretary of the Ministry of Public Health to the Minister for official appointment. In addition, 12 more members shall be elected by the ordinary members of the Nursing Council to serve as committee members, and the secretary-general of the Council shall serve as a committee member as well as the secretary of the Committee.

Section 15:

The Committee may appoint an honorary member for its advisor.

This advisor shall serve for the same term of committee which appointed him or her.

Section 16:

The Committee shall select two of its members to be the First and Second Vice-President respectively.

The President of the Nursing Council, with the approval of the Committee, shall select ordinary members whose qualifications meet the requirements in Section 18 to serve as Secretary-General. Deputy Secretary-General, public relations official and treasurer shall be selected from the committee members.

The committee members appointed for the positions in paragraph one or two shall serve the same term as the appointed or elected committee members except for the Secretary-General who shall serve for the same term as the elected committee members.

The President of the Nursing Council, with the approval of the Committee, shall have the power to remove the Secretary-General before the end of the term in paragraph three.

Section 17:

The election of the committee members in Section 14, the appointment of an advisor in section 15 and the selection of Committee members in Section 16 shall comply with the regulations of the Council.

Section 18:

The committee members, except the Permanent Secretary of the Ministry of Public Health, shall have the following qualifications:

(1) be a practitioner of the nursing and/or the midwifery profession.

(2) have never had their license suspended or revoked.

(3) have never been declared bankrupt.

Section 19:

The appointed and elected committee members shall serve a term of 4 years and may be reelected or reappointed for not more than two consecutive terms.

Section 20:

Apart from being discharged according to their term, a committee member shall be discharged in the following events.

(1) expiration of membership according to Section 13,

(2) being disqualified according to Section 18

(3) resignation

Section 21:

In the event that fewer than half of the elected positions are vacant before the end of the term of such committee members the committee shall designate ordinary members whose qualifications meet those specified in Section 18
to fill the vacancy within 30 days

However, if the number of vacant positions of elected members exceeds half the total number of such members the the term of the remaining elected committee members shall be terminated and new committee members shall be elected by the ordinary members within 90 days after the vacancy occurs.

If, on the other hand, the vacancy occurs when the remaining term of service is less than 90 days, a reelection may be omitted.

The replacement members shall serve for a period equivalent to the remaining term of the members whom they replace.

Section 22:

The committee shall have the following powers and responsibilities:

(1) to administer the Nursing Council according to the objectives stated in Section 7.

(2) to appoint sub-committee on ethics, on enquiry or any other sub-committees to carry out or consider various matters within the bounds of the objectives of the Council.

(3) to issue Nursing Council Regulations concerning:

membership

specifying diseases according to Section 11 (1) (e)

prescribing fees charged for ordinary membership registration, membership fees and any other fee other than those specified in the section appended to this Act.

selection, election and appointment of committee members and an advisor according to Section 17.

criteria for registration, issuing of a license, forms, and types of licenses.

criteria for issuing a letter of approval or a certificate proving qualifications or expertise of a specific field and any other proof of merit in the nursing and midwifery profession.

limitations and conditions governing the conduct of the nursing and midwifery profession.

maintenance of the ethics of the nursing and midwifery profession.

meetings of the committee and the sub-committees.

criteria for approving an institute offering courses in nursing and midwifery.

criteria for academic examination in the field according to the power and responsibilities of the Council

criteria for an investigation or enquiry when an allegation or accusation arises concerning a violation of the ethics of the nursing and midwifery profession.

other matters within the objectives or the powers and responsibilities of the Council according to other related laws.

Section 23:

The President of the Nursing Council, its First and Second Vice-President, the Secretary-General, the deputy Secretary-General, the Public Relations officers and the treasurer shall have the following powers and authority:

(1) The President of the Nursing Council shall have the following powers and responsibilities :

(A) to carry out the function of the Council in accordance with this Act or the resolution of the Committee.

(B) to represent the Council in various activities.

(C) to act as the chairperson at Committee meetings.

The President may authorize in writing any other committee member to act on his/her behalf as deemed appropriate.

(2) The First Vice-President shall assist the President in carrying out his duties as he/she is duly assigned to and act on the behalf of the President in his absence or inability to carry out his duties.

(3) The Second Vice President shall assist the President in his duties as he/she is duly assigned and act on the behalf of the President when both the President and the First Vice-President are absent or are unable to carry out their duties.

(4) The Secretary-General shall have the following powers and responsibilities :

(A) to oversee the personnel of the Council at all levels.

(B) to supervise the secretarial or the clerical work of the Council.

(C) to keep a register of members, practitioners of nursing and/or midwifery and other related records.

(D) to oversee the finance and assets of the council.

(E) to serve as Secretary of the Committee.

(5) The Deputy Secretary-General shall assist the Secretary-General in all matters under his/her authority and responsibility or as assigned by the Secretary-General. He/she shall also act on behalf of the Secretary-General when the latter is absent or unable to carry out his/her duties.

(6) The public relations official shall have a duty to publicize, advise, disseminate information concerning the work of the Nursing Council and to educate the general public and other organizations involved in nursing, midwifery and public health.

(7) The treasurer shall have the powers and responsibility to oversee the finance, accounting and budgeting of the Council.

 

Chapter 4

The Functioning of the Committees

 

Section 24:

A Committee meeting shall require the attendance of at least half of its members to constitute a quorum.

Decisions taken at a meeting shall be taken by a majority vote. Each Committee member shall have one vote. If the votes are equal, the chairperson shall cast a decisive vote.

A decision to terminate the membership of a Committee member due to lack of qualifications listed in Article 11 (1) (c) (d) and (e) shall be taken by at least a two-thirds majority vote.

The provisions in paragraphs one and two above shall apply to sub-Committee meetings mutatis mutandis.

Section 25:

The Special President may attend and express his/her opinions at a meeting or send a written opinion to the Committee concerning any matter.

Section 26:

The Committee’s decisions on the following matters shall be approved by the Special President of the Council before they are implemented.

(1) Issuing regulations.

(2) Budgeting of the Council

(3) Terminating the membership of a member according to Section 24, paragraphs (3).

(4) Making a final decision according to Section 41, paragraphs (3), (4) or (5)

The President of the Nursing Council shall inform the Special President without delay of the decisions taken in paragraph one and the Special President may order a suspension of the decision. If no suspension order is made within 15 days after the notification of the decision, the Special President shall be deemed to have approved the decision.

Any decision suspended by the Special President shall be reconsidered by the Committee within 30 days after notification of the suspension. If the decision is confirmed by a two-thirds majority, it shall be implemented.

 

Chapter 5

Regulation of the Nursing and Midwifery Profession

 

Section 27:

It is prohibited for any person who is not a registered practitioner of the nursing profession and/or midwifery to perform professional activities or to do anything that misleads other people that he/she has a right to conduct the action without registration or obtaining a license for such purpose with the following exceptions

(1) The act of nursing or midwifery performed on oneself.

(2) Treatment of others as required by law or in accordance with ethical practices without receiving any remuneration. However, such treatment shall not involve injection of any substance into the body of the patient or giving the patient any dangerous drug, specially controlled drug, mental or conscience suppressive drug or narcotic drug which are regulated by the respective laws.

(3) Students, trainees under the supervision of a State nursing or midwifery institute or those granted permission by the government or approved by an authorized Committee. These persons shall be under the supervision of a trainer who is a practitioner of nursing and/or midwifery.

(4) Persons who authorized by a Ministry, Bureau, Government Department, Bangkok Metropolitan Area, Pattaya City, a Provincial Administrative Organization, a Municipal, a Sanitary District or other Local Administrative Organizations according to a Ministerial Notification in the Royal Government Gazette or by the Red Cross Society of Thailand to conduct nursing or midwifery activities under the supervision of a professional practitioner of nursing and/or midwifery according to regulations prescribed by the Minister in the Royal Government Gazette.

(5) A practitioner of healing arts according to the limitations and conditions regulating by law for the performance of healing arts.

(6) The act of nursing and midwifery of an advisor or expert affiliated to the state or a teacher in a government institution who has obtained a license from a foreign country which has been approved by the Committee to perform the task.

(7) Persons who perform nursing or midwifery activities to assist a professional official of nursing and/or midwifery in the event of a public danger or a disaster.

(8) Persons who help in taking care of patients in a clinics or hospitals under the supervision of a professional nurse or midwifery practitioner according to regulations announced in the Royal Government Gazette.

Section 28:

Registration, licensing, issuing of letters of approval or certificates of special skills and expertise and issuing of other documentary qualifications related to a person’s competence in conducting nursing or midwifery activities shall be in accordance with the regulations of the Nursing Council.

Section 29:

Registration and licensing shall be classified into three categories, namely Nursing Practitioner, Midwifery Practitioner and Nursing and Midwifery Practitioner.
The practitioner of each category in paragraph one shall be divided into 2 levels: First Class and Second Class.

Section 30:

A person who has the right to register and obtain a professional license according to Section 29 must have acquired the following levels of qualification:

(1) To be entitled to conduct the profession of nursing, midwifery or a combination of both at the first class, a person shall have obtained

(A) a degree or a diploma of no less than 3 years of study or an equivalent certificate from an institution in Thailand in which approved by the Committee; or

(B) a degree or a certificate equivalent to a degree in nursing, midwifery or a combination of both from a foreign country and a license for conducting the profession in the respective country. The person must pass a test at a level satisfactory to the Committee. However, a person who holds a Thai nationality may not need to obtain a professional license from the respective country where he/she graduated from.

(2) A Second Class Midwife or a Second Class Nurse Midwife shall have obtained:

(A) a certificate in nursing, midwifery or nursing-midwifery at the technical level from an institution in Thailand in which approved by the Committee

(B) A certificate in nursing, midwifery or nursing-midwifery from a foreign country and a license to conduct the related profession in the respective country. The person must pass a test at a level satisfactory to the Committee. However, a person who holds a Thai nationality may not have to obtain permission to conduct the profession in the country where his/her certificate was issued.

Section 31:

A person who applies for registration or a license shall be an ordinary member of the Nursing Council and have other qualifications required by the Nursing Council Regulations.

A license for pursuing a nursing, midwifery or nursing-midwifery profession shall automatically be terminated as soon as the membership of a licensed practitioner is terminated.

A licensed practice person whose membership has been terminated in paragraph (2) above shall return the license to the Secretary-General within 15 days after the membership is terminated.

Section 32:

Any person conducting the nursing, midwifery or nursing-midwifery profession shall observe the ethics of the profession as stipulated in the Nursing Council Regulations.

Section 33:

Any person who has suffered damage as a result of a violation of ethical practices has a right to make allegation against the person who has caused the damage by submitting the complaint to the Nursing Council.

The Committee has the right to accuse a person conducting a nursing, midwifery or nursing-midwifery profession of an ethical violation through notification of the matter to the Nursing Council.

The right to file complaints in paragraph one and the right to make an allegation in paragraph two above shall terminate one year after the plaintiff has learned of the offense and not more than 3 years after the offense has been committed.

Withdrawal of a complaint or an allegation shall not constitute ground for stopping any process instituted according to this Act.

Section 34:

After the receipt by the Nursing Council of a complaint or an allegation made under Section 33 or where the Committee has decided that there exist circumstances which make it appropriate to consider non-observance of professional ethics in a particular case, the Secretary-General shall submit the matter to the chairperson of the sub-committee on ethics without delay.

Section 35:

The Committee shall appoint a sub-committee on ethics from the ordinary committee members consisting of a Chairperson and at least three sub-committee members to investigate a case referred to in Section 34 in order to compile a report and recommendations for the Committee.

Section 36:

Upon receipt of the report and recommendations from the sub-committee on ethics, the Committee shall consider them and make any of the following resolutions:

(1) assigning the sub-committee on ethics to seek additional facts for further consideration.

(2) assigning the sub-committee on inquiry to conduct an investigation if the Committee considers that the accusation is well-grounded.

(3) dismissing the accusation or allegation in a case where it is found that the accusation is not well-grounded.

Section 37:

The Committee shall appoint an inquiry sub-committee from the ordinary members. The sub-committee shall consist of a chairperson and at least 3 sub-committee members. It shall have powers to conduct an investigation into a case, summarize the results of an investigation and submit the account of the investigation along with their opinions to the Committee for a final decision.

Section 38:

The sub-committees on ethics and on inquiry as specified in this Act shall act as officers according to the Penal Code with the power to summon any person to testify and power to ask any person in writing to provide any documents or material necessary for the investigation

Section 39:

The Chairperson of the inquiry sub-committee shall inform the alleged offender of the complaint or accusation and send him/her a copy of such complaint or accusation at least 15 days prior to the date when the date when the inquiry commences.

The accused or the alleged offender has the right to submit an explanation of the matter or present evidence to the inquiry sub-committee by submitting it to the chairperson within 15 days after he/she has been informed of the accusation against him/her or within the time allowed by the sub-committee.

Section 40:

After completion of the inquiry, the sub-committee shall immediately present the account and recommendations to the Committee without delay for a final decision.

Section 41:

Upon receiving the report of the investigation, the Committee shall consider the matter.

The Committee may request the inquiry sub-committee to conduct further investigation before making a final decision.

The decision of the Committee shall be one of the following :

(1) dismissing the case

(2) giving a reprimand

(3) putting the offender on probation

(4) suspension the license for a certain period not exceeding 2 years

(5) revocation of the license

Subject to Section 26, the Committee’s decision under this provision shall be executed through an order of the Nursing Council and shall be deemed to be final.

Section 42:

The Secretary-General shall, without delay, inform the alleged offender of the Nursing Council Order made under Section 41. He/she shall also record the order in the professional record of the person.

Section 43:

Subject to Section 27, it is prohibited for any person whose professional nursing, midwifery or nursing-midwifery license has been revoked or suspended to pursue the profession or to mislead any other person by any means to assume that he/she has the right to conduct such professional activities. This provision shall be effective on the date of the notification of the suspension or revocation.

Section 44:

Where a person whose license has been suspended violates the provision in Section 43 and is sentenced to imprisonment according to Section 46 by a final court judgment, the Committee shall revoke his/her license from the date when the judgment was given.

Section 45:

After the 2 year period of revocation of a license, a person may request the Committee to re-issue the license. But if his/her request is rejected, the person may resubmit the request after a one-year period from the time of the first refusal. However, if the request is rejected for the second time, the person shall permanently be prohibited from applying for a license.

 

Chapter 6

Penalties

 

Section 46:

Any person who violates Section 27 or Section 43 shall be liable to imprisonment for a period not exceeding two year or a fine not exceeding Baht 20,000 or both.

Section 47:

Any person who violates Section 31 paragraph 3 is liable to a fine not exceeding Baht 1,000

Section 48:

Any person who fails to respond to a summons or to submit a document or any other material requested according to Section 38, is liable to imprisonment for a period not exceeding one year or a fine not exceeding Baht 1,000 or both.

 

Transitional Provisions

 

Section 49:

Any person who has been registered and granted a professional nursing, midwifery, nursing-midwifery license according to the laws concerning the art of nursing on the date this Act is published in the Royal Government Gazette shall be deemed an ordinary member of the Nursing Council according to this Act.

Section 50:

Any person who has been registered and granted a professional nursing, midwifery, nursing-midwifery license according to the law concerning the art of medical treatment whose license is valid on the date this Act is published in the Royal Government Gazette shall be deemed to have registered and granted a professional license of the specified level and class according to this Act.

Section 51:

In the initial period before the election of the Standing Committee, an interim committee shall be appointed consisting of the Permanent Secretary of the Ministry of Public Health acting as Chairperson and other members appointed according to Section 14. The appointment shall be completed within 30 days after this Act comes into force.

The Permanent Secretary of the Ministry of Public Health shall appoint representatives of the Ministry who have been appointed in accordance with Section 14 to act as the Secretary-General, Deputy Secretary-General and the treasurer to serve the Committee until the election of the Nursing Council Committee from the ordinary members is completed.

The election of the Nursing Council Committee must be completed within 180 days after this Act comes into force.

Section 52:

In the period before rules and regulations under this Act are enacted, the Ministerial Regulations, and Ministerial Notifications governing the practice of the art of medical treatment related to the nursing and midwifery professions shall apply mutatis mutandis for a long period not exceeding one year from the date this Act comes into force.

 

Fees (Baht)

1) Registration and license for 1st class professional nursing practitioners.
300.00

2) Registration and license for 1st class professional midwifery practitioners.
300.00

3) Registration and license for 2nd class professional nursing- midwifery practitioners.
300.00

4) Registration and license for 1st class professional nursing practitioners.
200.00

5) Registration and license for 2nd class professional midwifery practitioners
200.00

6) Registration and license for 2nd class professional nursing- midwifery practitioners.
200.00

7) A letter of approval or a certificate of expertise or any other related proof of qualification
200.00

8) A letter certifying the registration of professional nursing / midwifery/ nursing midwifery.
150.00

9) A certified copy of a license and any other document
100.00

 

 

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