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Following our previous alert on the FDA’s announcement regarding the transfer of cosmetic data from Hello to Privus system, and the renewal of cosmetic notification licenses before 8 September 2018, the FDA has now issued the Ministerial Notification re: Rules, Procedure, and Conditions to Manufacture or Import Cosmetics, as published in the Government Gazette on 23 May 2018, stipulating guidelines for local manufacturers and importers to arrange their manufacturing facilities, importer’s offices and cosmetic storages. (Read more)

As discussed in our previous client alert, the recently amended Emergency Decree on Managing the Work of Aliens B.E. 2560 (2017) requires employers who have already employed foreigners with valid work permits before 28 March 2018 to notify a work permit official of the foreigners’ names, nationalities and nature of work employed within 60 days from the effective date of the Amended Decree or by 26 May 2018. The details of the notification method have now been issued. (Read more)

The new Trade Competition Act, which came into effect on 5 October 2017, boasts greater enforceability of competition law in Thailand, especially with a major change in the Trade Competition Board. But the real question is: can greater enforceability be achieved? In Volume 2 of the New Trade Competition Act, we will take you through the Board’s structure and composition under the New Act. (Read more)

On 5 October 2017, the new Trade Competition Act B.E. 2560 (2017) (the “New Act”) came into effect. The New Act has repealed and replaced the Trade Competition Act B.E. 2542 (1999) (the “Previous Act”) in its entirety. It aims to resolve delays and failures in enforcing the competition law in Thailand for the past 18 years. (Read more)

As noted in our previous alert on the amendment to the Organic Act on Counter Corruption, B.E. 2542 (1999), companies operating in Thailand are now required to have in place “appropriate internal control measures” to ensure compliance with the law and to limit its potential liability from acts of bribery which are carried out by its connected persons and for its benefit (including the potential liability for companies’ directors). (Read more)

 

In this series of articles, we have been discussing various aspects of innovation in healthcare and how advances in technology have been transforming healthcare. We have discussed how innovations in computer and communications technology have transformed the landscape of healthcare. However, one thing we have not yet discussed is the role of the pharmaceutical industry, the importance of drugs in the context of healthcare, and the significance of innovation in this industry.

 

In our previous article, we discussed some of the legal and ethical issues concerning Telemedicine. In this article we will discuss some of the potential liability risks that may arise for doctors and other healthcare professionals when involved with Telemedicine. We will make some suggestions concerning practical steps that can be taken to contain risks and matters to be aware of when organizing medical professional liability (MPL) insurance. The focus in this article will be upon international Telemedicine, that is, Telemedicine transactions that cross the boundaries of different countries. In a Thai context this could include doctors in Thailand providing healthcare services by Telemedicine to patients situated in neighbouring countries, a not uncommon situation given Thailand’s comparatively advanced healthcare infrastructure.

 

In our prior article we discussed Telemedicine, what it means, and how it has the potential to help solve many of the challenges confronting healthcare today. In Thailand, Telemedicine is relevant in both the public and private sectors. In the case of public hospitals it has the potential to provide improved access to healthcare services for people living in rural areas where there are insufficient doctors and facilities. In the case of the private sector it allows private hospitals in Thailand to be and remain competitive with international counterparts in medical tourism markets. However, in spite of this potential there are unresolved legal and ethical issues concerning Telemedicine. In this article we will discuss a few of them.