LEGAL PROBLEMS CONCERNING THE EMERGENCY PREVENTION AND CONTROL OF EMERGING INFECTIOUS DISEASES ACCORDING TO THE COMMUNICABLE DISEASE ACT, B.E.2558

Abstract

The purposes of this study are to investigate the history of the emerging infectious diseases, principles and theories, as well as regulations and laws related to the prevention and control of the emerging infectious diseases in Thailand and other countries, as well as to propose a guideline for the prevention and control of the emerging infectious diseases. This study employed the qualitative research methods. The data were mainly from a review and analysis of related documents. Communicable diseases have been a serious threat to humanity for a long time since they are a major cause of death of a number of people around the globe. At present, many countries around the world have been suffering from the outbreak of coronavirus, or commonly known as covid-19. In Thailand, in order to prevent and control the outbreak of the novel emerging diseases, the Communicable Disease Act B.E. 2558 has been issued. Nevertheless, during the outbreak of the covid-19, instead of implementing such Act, the Emergency Decree on Public Administration in Emergency Situations, B.E. 2548 has been used instead. This has caused the delay in the issuance of regulations to control and alleviate the spread of the communicable diseases. Hence, this study recommends the amendment to the Act by adding the authority to declare public health emergency or public health orders, the committees involved in the declaration of the state of emergency, the authority in the issuance of restrictions and orders for the prevention of the communicable diseases, and a clear definition which would enable the Act to be enforced quickly.