Communicable Diseases Act, B.E. 2558 (2015) · Implementing or issuing orders

Notification of the Ministry of Public Health Re: The Rules, Procedures and Conditions in Implementing or Issuing an Order by a Communicable Disease Control Officer, B.E. 2560 (2017)

Published in the Government Gazette 24 January B.E. 2561 (2018); in force from 25 January B.E. 2561 (2018)

By virtue of Section 5 paragraph one, Section 7(1) and Section 34 paragraph three of the Communicable Disease Act, B.E. 2558 (2015), the Minister of Public Health, by and with the approval of the National Communicable Disease Committee, hereby issues the following Notification:

Clause 1. In this Notification:

“Order” shall mean an order issued under Section 34 of the Communicable Disease Act, B.E. 2558 (2015) by a Communicable Disease Control Officer.

Clause 2. Where a Dangerous Communicable Disease or an Epidemic has occurred, or is reasonably suspected of having occurred, in an area, a Communicable Disease Control Officer shall issue an Order to inform the persons concerned to and implement the procedures to prevent or control the disease in accordance with the Order issued. Such Orders shall be in writing and shall have the same format as the form attached hereto.

Clause 3 . An Order shall be enforceable against any person subject to the Order from the time the Order was received by the person.

Clause 4 . A Communicable Disease Control Officer shall inform the persons concerned of an Order using one of the following methods:

(1) Notification by registered mail. If the Order was sent to the domicile of the recipient, the recipient shall be deemed to have been informed of the Order when the written Order was delivered. Nevertheless, if a Communicable Disease Control Officer has sent the Order to a different address that was previously given to the Communicable Disease Control Officer, delivery to such an address shall be deemed as a delivery made to the domicile of the recipient;

(2) Deliver the written Order by person. If the recipient refuses to be served or was unavailable, the recipient shall be deemed to have been informed of the Order if the Order was served to a person of legal age who lives or works on the premises, or the Order was placed in or affixed to an easily visible area on the premises in the presence of an administrative officer or police officer in charge of the region whom the Communicable Disease Control Officer had asked to accompany the Officer as a witness;

(3) Deliver the written Order by a Communicable Disease Control Officer. If the recipient refuses to be served or was unavailable for service, the recipient shall be deemed to have been informed of the Order if the Order was served to a person of legal age who lives or works on the premises, or the Order was placed in or affixed to an easily visible area on the premises in the presence of an administrative officer or police officer in charge of the region whom the Communicable Disease Control Officer had asked to accompany the Officer as a witness.

Clause 5. Where time is of the essence, service of the Order can be made via facsimile or through electronic means. However, such form of service require the proof of delivery and the original copy of the Order shall be provided to the persons concerned using one of the methods described in Clause 4 as soon as possible. Where service of an Order was performed pursuant to this Clause, service of the Order shall be deemed to have been made on the date and time appearing on the proof of delivery unless it can be proven that the Order was never received, or was received at an earlier time or a later time;

Clause 6. Where a Communicable Disease Control Officer has been placed in a delicate position that may compromise the Officer’s ability to issue an impartial Order, the Communicable Disease Control Officer concerned shall be prohibited from issuing any Order on the matter and informing his direct superior officer of the situation. The superior officer shall promptly issue a decision regarding whether the Communicable Disease Control Officer concerned has the authority to issue an Order given the circumstances.

Paragraph one shall not apply in emergency situations wherein any delays will result in grievous harm to public safety or public interests, or will cause, or will possibly cause, grievous harm to the life, body, or property of a person.

Clause 7. Where it later becomes apparent that a Communicable Disease Control Officer is eligible, is disqualified, or was illegally appointed as an Officer and the Communicable Disease Control Officer is dismissed as a consequence, such dismissal shall have no impact on the actions of the Communicable Disease Control Officer taken under the authority given to him pursuant to this Notification;

Clause 8. After having informed the persons concerned of the Order issued, the Communicable Disease Control Officer shall have the authority to implement the procedures to prevent or control the disease in accordance with the Order as he sees fit. If the persons concerned resist or refuse to comply with the Order, the Communicable Disease Control Officer shall be authorised to immediately implement the procedures to prevent or control the disease directly.

Clause 9. Prior to the implementation of the procedures to prevent or control the disease in according with Clause 8, the Communicable Disease Control Officer may issue a written notice to the persons concerned, demanding their action or omission according to an Order within an appropriate time frame.

Clauses 4 and 5 shall apply to the service of the notice specified in paragraph 1, mutatis mutandis.

Clause 10. The Communicable Disease Control Officer shall strictly follow the method outlined in the notice issued under Clause 9 in implementing the procedures to prevent or control the disease. The Communicable Disease Control Officer shall only act as much as is necessary to meet the objectives of the Order and shall restrict the inconveniences to the persons concerned as much as is possible.

The Communicable Disease Control Officer shall have the authority to change the method of implementing the procedures to prevent or control the disease when it becomes apparent that the method specified in the notice issued under Section 9 proves ineffective.

Where the persons concerned resist or interfere with the duties of a Communicable Disease Control Officer or where the persons concerned are unavailable but there is an urgent or immediate need for action, or there is a risk, or possible risk, of harm to the life, body or property of a person in delaying an action, the Communicable Disease Control Officer shall have the authority to proceed with the implementation of the procedures to prevent or control the disease as the situation demands. In such situations, the Communicable Disease Control Officer may also request the aid of an administrative officer or police officer in charge of the region to carry out the objectives of an Order.

Clause 11. Where time is of the essence or where there is an emergency situation and the Communicable Disease Control Officer must act urgently in order to prevent or control a disease in compliance with Section 34 of the Communicable Disease Act, B.E. 2558 (2015), the violation of which will cause, or will possibly cause, grievous harm to the life, body or property of a person, or grievous harm to public safety or public interests, the Communicable Disease Control Officer shall have the authority to act without issuing an Order under Clause 2 or a notice under Clause 9. The Communicable Disease Control Officer may request the aid from an administrative officer or police officer in charge of the region.

To prevent or control a disease under paragraph one, the Communicable Disease Control Officer shall only act as much as necessary to meet the objectives of an Order and as is appropriate for the situation while remaining within the boundaries of his authority.

Clause 12. Where the persons concerned have fully complied with an Order issued by a Communicable Disease Control Officer requiring the persons concerned to disinfect or destroy any contaminated item, or reasonably suspected of being contaminated, with the pathogen of a communicable disease or to improve sanitation to ensure hygienic conditions, the Communicable Disease Control Officer shall issue the written Order, terminating the original Order issued under Clause 2. The Communicable Disease Control Officer shall inform the persons concerned of the new Order and such Order shall be effective when the persons concerned were informed of the new Order.

The format of the written termination Order under paragraph one shall be in accordance with the form attached hereto. Clause 4 and Clause 5 shall apply to the service of the termination Order under paragraph one, mutatis mutandis.

Clause 13. This Notification shall come into force on the day following the date of its publication in the Government Gazette.

Announced on the 22nd Day of December, B.E. 2560 (2017)

Piyasakol Sakolsatayadorn

Minister of Public Health

Communicable Disease Control Officer’s Order Form

Pursuant to the Notification of the Ministry of Public Health Re: the criteria, procedures, and conditions for carrying out an action or issuing an order by

a communicable disease control officer B.E. 2560 (2017)

Order No …………….........……. | Issued at ……...……..........………………

On the ……….. day of ………........……… , B.E. …………

By virtue of the authority under Section 34 of the Communicable Diseases Act B.E. 2558 (2015), and Clause 2 of the Ministry of Public Health Notification regarding Criteria, Methods, and Conditions for Actions or Orders of Communicable Disease Control Officers B.E. 2560 (2017)

I, (Mr., Mrs., Ms.) .............................................. a communicable disease control officers of the ............................................................... unit/agency, having discovered ❑ an occurrence of the Dangerous Communicable Disease ❑ an occurrence of the Epidemic ❑ a reasonably suspected occurrence of the Dangerous Communicable Disease ❑ a reasonably suspected occurrence of the Epidemic called ..................................................................... at ......................................................................, issue this order to (First – Last Name)............................................................. Age .................. Nationality .......................... Sex ❑ Male ❑ Female National ID/ Passport No. .................................. Telephone No. ……….............. Contact Address: No. ………............… Village/Building ……......................….. Road ……..........................… Sub-District ………...........… District ……..............………. Province ……...................……. The person named above shall: (1) ❑ have a check-up ❑ have treatment ❑ have medical examination ❑ receive immunisation

within .................... day .................... month .................... year .................... (a.m./p.m.) at .................... (2) ❑ travel to ...................................... . for ❑ isolation ❑ quarantine ❑ observation

From …………………... day …………………... month …………………... year ………... (a.m./p.m)

Until …………………... day …………………... month …………………... year ………... (a.m./p.m) (3) bring (First - Last Name) ……………........…..…..……………... Age ……………….. . Nationality ………………...

Sex ❑ Male ❑ Female National ID/ Passport No. ………………........ Contact Address: No. …………...

Village/Building ……......................….. Road ……...............................… Sub-District ……….........................…

District ……...........................………. Province ……......................……. Telephone No. .................................….

for ❑ isolation ❑ quarantine ❑ observation ❑ examination ❑ treatment

❑ a pathology exam ❑ vaccination

From …………………... day …………………... month …………………... year ………... (a.m./p.m)

Until …………………... day …………………... month …………………... year ………... (a.m./p.m) (4) ❑ bring (amount of animals) ………………………..….............…... (type of animal) …………………….................

for ❑ examination ❑ treatment ❑ a pathology exam ❑ vaccination

within .................... day .................... month .................... year .................... (a.m./p.m.) at .................... (5) bring the body of ❑ (Mr., Mrs., Ms.) ……………………....…....…..... ❑ (animal type) …………..................…....

that died or was reasonably suspected of having died from ……............... disease at ……...................

for ❑ an examination ❑ medical processing ❑ other (specify): .......................................................

within .................... day .................... month .................... year .................... (a.m./p.m.) at .................... (6) ❑ eliminate/demolish the contagion of .............................................…................................................

................................................................................................... which is or is reasonably suspected of

being the carrier of the pathogen of ……............…..............…........................................................................

❑ improve sanitation to meet public health standards by ....................................................................

within .................... day .................... month .................... year .................... (a.m./p.m.) until

a Communicable Disease Control Officer cancels this Order (7) ❑ eliminate the anime/insect/larva (type) ............................................... which is the source of the

disease .................................................. within .................... day .................... month ....................

year .................... (a.m./p.m.) at .................... (8) ❑ be prohibited from doing/cease to .................................................................................................

From …………………... day …………………... month …………………... year ………... (a.m./p.m)

Until …………………... day …………………... month …………………... year ………... (a.m./p.m)

As failure to do so will create an unsanitary condition that could be the source of

the transmission of the disease …………………………...................................................................................…… (9) ❑ be prohibited from entering/exiting …………………...................................................................................

From …………………... day …………………... month …………………... year ………... (a.m./p.m)

Until …………………... day …………………... month …………………... year ………... (a.m./p.m) (10) ❑ enter into (house/facility/location) …………………............................................... No. ..............................

Sub-district ……………… District ……………… Province ………………

From …………………... day …………………... month …………………... year ………... (a.m./p.m)

Until …………………... day …………………... month …………………... year ………... (a.m./p.m)

For the surveillance, prevention, and control of the spread of the disease ………..............................… (11) ❑ enter conveyances type …….............................. brand …….................... model ……..........................

color …….............................. No./license no. …........................…. which contains or is suspected of

containing the disease ………………….……………………………………………………………………………………………...

From …………………... day …………………... month …………………... year ………... (a.m./p.m)

Until …………………... day …………………... month …………………... year ………... (a.m./p.m)

For the surveillance, prevention, and control of the spread of the disease ……………...........………

A Communicable Disease Control Officer may directly implement the actions stated above or order a third party to act on his behalf.

If, for any reason, you are dissatisfied with this Order or feel that it is unjust, you have the right to appeal this Order to the Communicable Disease Control Officer who issued the Order within 1 5 of receiving this Order.

Signed ……………………………………… | Signed ………………………………………

(………………………………………) | (………………………………………)

Communicable Disease Control Officer | Order Recipient

Signed ……………………………………… | Signed ………………………………………

(………………………………………) | (………………………………………)

Witness (if any) | Witness (if any)

Note: Where a Communicable Disease Control Officer feels that any part of the order above exceed the purpose in issuing the Order, the Officer may cross off any word or sentence and include his signature beside where the changes made.

Communicable Disease Control Officer’s Order Form

Warning to Comply with the Order of the Communicable Disease Control Officer

Pursuant to the Notification of the Ministry of Public Health Re: the criteria, procedures, and conditions for carrying out an action or issuing an order by

a communicable disease control officer B.E. 2560 (2017)

Issued at ……...……..........………………

On the ……….. day of ………........……… , B.E. …………

According to (Mr., Mrs., Ms.) ........................................................................ a communicable disease control officers of the ............................................................... unit/agency, issue order No. ………………………. On the ……….. day of ………........……… , B.E. ………… to (First – Last Name)......................................................... The person subject to the order shall proceed to ………………………………………………………………………………….. …………………………………………………………………………………………………………………………………………………………………….. …………………………………………………………………………………………………………………………………………………………………….. From …………………................ day …………………............ month …………………….…... year ………...…... (a.m./p.m) Until ……………..…………..…... day …………………………... month ……………….………... year ……….……... (a.m./p.m)

It now appears, or there is reasonable cause to believe, that the person subject to the order has violated or failed to comply with the said order. Therefore, the Communicable Disease Control Officer hereby issues a warning for the person subject to the order to comply with the said order within ………………………………………………………………………………………………………………………………………………………….. …………………………………………………………………………………………………………………………………………………………………….

If the person fails to comply, the Communicable Disease Control Officer, or a person authorized by the officer, shall take action on behalf of the individual by the following means ……………………………………………………………………………………………………………………………………………………………………. ……………………………………………………………………………………………………………………………………………………………………. …………………………………………………………………………………………………………………………………………………………………….

The Communicable Disease Control Officer has the authority to modify the methods used for disease prevention or control in the event that the methods specified in the warning fail to achieve their intended objectives.

Signed …………………………………………………..

(…………..............……………………………)

Communicable Disease Control Officer

Communicable Disease Control Officer’s Order Form

Order to revoke the order of the Communicable Disease Control Officer

Pursuant to the Notification of the Ministry of Public Health Re: the criteria, procedures, and conditions for carrying out an action or issuing an order by

a communicable disease control officer B.E. 2560 (2017)

Order No …………….........……. | Issued at ……...……..........………………

On the ……….. day of ………........……… , B.E. ………… Subject: Revocation of the Order of the Communicable Disease Control Officer To: ......................................................... Enclosure: Copy of the Order of the Communicable Disease Control Officer for Implementation

According to a communicable disease control officers issued order No. ………………………. On the ……….. day of ………. . . . . . . . ……… , B.E. ………… As specified in the enclosure copy of the order, You are hereby requested to proceed …………………………………………………………………………………………………….. …………………………………………………………………………………………………………………………………………………………………….. …………………………………………………………………………………………………………………………………………………………………….. ……………………………………………………………………………………………………………………………………………………………………..

It is hereby acknowledged that you have complied with the order issued by the Communicable Disease Control Officer. Therefore, the Communicable Disease Control Officer hereby revokes Order No. ............... / ............... dated ........................., effective from the time you receive this order onward.

Sincerely,

Signed …………………………………………………..

(…………..............……………………………)

Communicable Disease Control Officer

Unofficial English translation by the Division of Legal Affairs, Department of Disease Control (August 2025), book page 125; the Thai text prevails.