ระเบียบกรมการแพทย์ ว่าด้วยหลักเกณฑ์ วิธีการ และเงื่อนไขการขึ้นทะเบียนสถานพยาบาลและแพทย์ เพื่อตรวจสุขภาพและออกใบรับรองแทพย์คนประจำเรือ พ.ศ. 2559

(Official Emblem)

Department of Medical Services Regulation 

Governing Rules, Procedures and Conditions on the Registration of Clinic and Medical

Doctor for Physical Health Examination and Issuance of

Seafarer Medical Certificate, B. E. 2559

----------------------------------------------------------

            By virtue of Ministry of Public Health Announcement: Rules, Procedures and Conditions on the Registration of Clinic and Medical Doctor for Physical Health Examination and Issuance of Seafarer Medical Certificate, B. E. 2559, which are defined under Clause 5, Clause 8 and Clause 10, thus, in order to ensure that the physical health examinations and the issuances of the Medical Certificates are efficiently executed and in compatibility with Maritime Labor Act, B. E. 2558, the Regulation as follows is therefore laid down:

            Clause 1. This Regulation shall be called “Department of Medical Services Regulation Governing Rules, Procedures and Conditions on the Registration of Clinic and Medical Doctor for Physical Health Examination and Issuance of Seafarer Medical Certificate, B. E. 2559”.

             Clause 2. This Regulation shall enter into force from the day following the date of its publication in the Royal Gazette.

             Clause 3. Director General of Department of Medical Services shall have in charge and control over the executions in accordance with this Regulation.

             Clause 4. In this Regulation:

            (1) “Recognized Clinic” means a clinic recognized under Nursing Act, B. E. 2541 and a clinic in which its standard according to Ministry of Public Health Announcement: Rules, Procedures and Conditions on Seafarer Medical Certificates showing Health Readiness for Working on Ship, B. E. 2559, has been inspected.

            (2) “Medical Doctor conducting physical health examinations and issuing Seafarer Medical Certificates” means a person registered and licensed as a Medical Profession Practitioner from Medical Council of Thailand and passed the training course on Seafarer Medical Certificate Issuing Medical Doctor in accordance with Ministry of Public Health Announcement: Rules, Procedures and Conditions on Seafarer Medical Certificates showing Health Readiness for Working on Ship, B. E. 2559.

            (3) “Director General” means Director General of Department of Medical Services.

            (4) “Ministry of Public Health Announcement” means the Ministry of Public Health Announcement: Rules, Procedures and Conditions on Seafarer Medical Certificates showing Health Readiness for Working on Ship, B. E. 2559.

             Clause 5. Qualifications of the clinic registered to be a recognized clinic:

(1)   Shall have a status of a juristic person;

(2)   Shall receive authorization for the establishment under Nursing Act, B. E. 2541;

(3)   Shall pass the qualification assessment specified under the Appendix of the Ministry of Public Health Announcement.

             Clause 6. General Requirements:

            (6.1) A clinic desiring to apply for a registration to become a recognized clinic for the purpose of issuing the Seafarer Medical Certificates from Department of Medical Services shall execute actions as follows:

                        (1) Filling information in the Application Form for Clinic Registration properly and fully in accordance with the pattern as defined by Department of Medical Services under Appendix 1;

                        (2) The person subscribing signature in the Application Form for Recognized Clinic Registration for the purpose of issuing the Seafarer Medical Certificates must be the Director of the Clinic or his Appointee;

                        (3) Must have supporting evidences and documents to show that there are equipments for use in conducting physical examinations of the seafarers in accordance with the particulars defined under Appendix 1;

            (6.2) A Medical Doctor desiring to apply for a registration to become a Medical Doctor to conduct physical health examinations and issue the Seafarer Medical Certificates from Department of Medical Services shall execute actions as follows:

                        (1) Filling information in the Application Form for Registration of Medical Doctor Conducting Physical Health Examinations and Issuing the Seafarer Medical Certificates, properly and fully, as defined under Appendix 2;

                        (2) Must have evidences and documents as defined under Appendix 2.

            Clause 7. Operational Steps:

            (7.1) Recognized clinic;

                        (1) A clinic desiring to apply for a registration to become a recognized clinic shall submit the Application Form for Clinic Registration to Thai Medical Law Service Office, Department of Medical Services, Ministry of Public Health, Tiwanond Road, Talard Khwanmueang Sub-District, Muenag District, Nonthaburi 11000, Telephone No. 02 590 6371.

                        (2) After receiving the Application Form, Thai Medical Law Service Office shall proceed with the following actions:

                                    (2.1) Checking qualifications of the Applicant, if the Applicant should not fully be qualified as prescribed, Thai Medical Law Service Office, Department of Medical Services reserves its right not to accept such Application Form.

                                    (2.2) Checking the document to determine its accuracy and completeness. In the case where the document is not accurate and fully accounted for, the applicant shall take corrective actions for completion within 7 days. If such prescribed period of time should have passed over, Thai Medical Law Service Office, Department of Medical Services reserves its right not to accept such Application Form.

                                    (2.3) Department of Medical Services will check and evaluate qualifications of the clinic applying for the registration. The rules on the checks shall be in accordance with the Ministry of Public Health Announcement.

                                    (2.4) In the case where the clinic having its qualifications and documents checked and evaluated has passed the requirements with full qualifications as prescribed, Department of Medical Services shall proceed with the actions to register such clinic in accordance with Ministry of Public Health Announcement which, in this respect, name of the clinic having been registered will be announced through website of Department of Medical Services will take actions to make Certificate for the clinic to enable it to issue the Seafarer Medical Certificates according to Appendix 3. A notification accordingly in writing shall also be made to the clinic.

                                    (2.5) In the case where the clinic has not passed the requirements consequently as a result of the checks and evaluation, Department of Medical Services reserves its right not to recognized such clinic. If the clinic being unable to pass the requirements should still require to request for the clinic registration, it shall proceed with the actions to remedy the cause for not being unable to pass the evaluation. After the remedial actions are taken and it is found to be qualified as prescribed by Department of Medical Services, the Department of Medical Services shall initiate further actions to recognize the clinic.

            (7.2) Medical Doctor;

                        (1) A Medical Doctor desiring to apply for a registration to become a Medical Doctor to conduct physical health examinations and issue the Seafarer Medical Certificates shall submit the Application Form for Clinic Registration together with supporting documentary evidences to Thai Medical Law Service Office, Department of Medical Services, Ministry of Public Health, Tiwanond Road, Talard Khwanmueang Sub-District, Mueang District, Nonthaburi 11000, Telephone No. 02 590 6371.

                        (2) After receiving the Application Form, Thai Medical Law Service Office, Department of Medical Services, shall proceed with the following actions:

                                    (2.1) Checking qualifications of the Applicant, if the Applicant should not fully be qualified as prescribed, Thai Medical Law Service Office, Department of Medical Services, reserves its right not to accept such Application Form.

                                    (2.2) Checking document to determine its accuracy, completeness. In the case where the document is not accurate and fully accounted for, the applicant shall take corrective actions for completion within 7 days. If such prescribed period of time should have passed over, Thai Medical Law Service Office, Department of Medical Services, reserves its right not to accept such Application Form.

                                    (2.3) In the case where Thai Medical Law Service Office, Department of Medical Services, has checked the document and found the Applicant to fully be qualified as prescribed, Department of Medical Services shall proceed with the actions to register Seafarer Medical Doctor in accordance with Ministry of Public Health Announcement which, in this respect, name of the registered Medical Doctor will be announced through website of Department of Medical Services and that the Department will take actions to make Certificate for giving to the Medical Doctor to enable him to issue the Seafarer Medical Certificates according to Appendix 4 and that a notification accordingly in writing shall also be made to him.

                         Clause 8. Conditions for the recognized clinic and Seafarer Medical Doctor;

(1) Must maintain the standard on the physical health examinations of the seafarers throughout the period of being registered.

(2) The recognized clinic shall have duties as defined in the Ministry of Public Health Announcement.

(3) The registration of the clinic for issuing Physical Health Certificates and Seafarer Medical Certificates shall be valid for 3 years from the date of issuing the Certificate to the clinic for issuing Seafarer Medical Certificate where Certificate for Medical Doctor conducting physical health examination and issuing Seafarer Medical Certificates shall be valid for 5 years.

                        Clause 9. Revocation of the registration of the recognized clinic and Medical Doctor conducting physical health examination and issuing Medical Certificate; Department of Medical Services shall revoke the registration of the recognized clinic or Medical Doctor conducting physical health examination and issuing Seafarer Medical Certificate in the following cases:

(1) Failing to maintain the standard on the physical health examinations of the seafarers in accordance with Ministry of Public Health Announcement.

(2) The recognized clinic has not performed its duty in accordance with Ministry of Public Health Announcement.

 (3) Other act where the circumstances of which have suggested likely to be in a manner of dishonesty that has affected the standard of the seafarers’ physical health examinations.

(4) Department of Medical Services shall notify the clinic or Seafarer Medical Doctor on the revocation of the registration in writing.

                                Clause 10. Appeal.

(1) The recognized clinic or Seafarer Medical Doctor whose registration is revoked shall be entitled to submit an appeal to Department of Medical Services within 15 days from the date on which Department of Medical Services has served a letter of notification on the registration revocation.

(2) The Appeal Committee shall make a consideration on the subject item of the appeal for completion within 45 days and submit it onto Director General for further appeal considerations.

(3) During the period on which the consideration by the Appeal Committee on the appeal against the revocation of the registration is underway, the clinic or Medical Doctor shall continue to perform the duty until such order has taken effect.

(4) The Appeal Committee shall propose its opinion to Department of Medical Services Director General and that Department of Medical Services Director General shall make his consideration on the proposal of the Appeal Committee. The order of Department of Medical Services Director General shall be deemed to be final.

(5) A notification on result of the appeal consideration shall be made to the appellant without delay from the date of the issuance of the order by Director General.

Notification made on this 31st Day of October, B. E. 2559.

 Signature

(Mr. Theeraphon Topanthananond),

Director General, Department of Medical Services

Appendix

https://drive.google.com/file/d/10nMd9HffVJsO5jAA4vIn3DxSEEKapDid/view?usp=share_linkhttp://