Medical Council Regulations on the Criteria for Medical Termination of Pregnancy
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Volume 122, Part 118 Ng, Government Gazette, December 15, 2005
According to Section 305 of the Criminal Code, B.E. 2548
By virtue of the power under Section 21 (3) (d) and with the approval of the Special President Council under Section 25 of the Medical Profession Act, B.E. 2525, which is an Act that contains certain provisions regarding the restriction of rights and freedoms of individuals, which Section 29 in conjunction with Section 50 of the Constitution of the Kingdom of Thailand allows to be done by virtue of the provisions of the law, the Medical Council issues the following regulations:
Section 1
These regulations are called “Medical Council Regulations on the Criteria for Medical Termination of Pregnancy
According to Section 305 of the Criminal Code, B.E. 2548”
Section 2
These regulations shall come into force from the day following the date of their publication in the Government Gazette onwards.
Section 3
Medical termination of pregnancy according to Section 305 of the Criminal Code can be performed when the pregnant woman consents.
Section 4
The physician performing the medical termination of pregnancy under these regulations must be a licensed medical practitioner according to the law.
Section 5
Medical termination of pregnancy according to Section 305 (1) of the Criminal Code shall be subject to the following conditions:
(1) It is necessary due to the physical health problems of the pregnant woman, or
(2) It is necessary due to the mental health problems of the pregnant woman, which must be certified or approved by a medical practitioner who is not the one performing the termination, at least one person, in cases where the woman is under severe stress due to finding that the fetus has or is at high risk of having severe disabilities or is or is at high risk of having severe genetic disorders, when the woman has undergone diagnosis and genetic counseling and has signed a certification.
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Volume 122, Part 118 Ng, Government Gazette, December 15, 2005
In the aforementioned matter, by a medical practitioner who is not the one performing the termination, at least one person, it shall be considered that the pregnant woman has mental health problems according to (2).
In this regard, there must be clear medical indications that the woman has physical or mental health problems, and the examination and diagnosis must be recorded in the medical records as evidence.
Section 6
Medical termination of pregnancy according to Section 305 (2) of the Criminal Code must have evidence or facts that can be reasonably believed that the pregnancy is due to a criminal offense as stipulated in Section 305 (2) of the Criminal Code.
Section 7
Medical termination of pregnancy according to Sections 5 and 6 must be performed in the following healthcare facilities:
(1) Hospitals or government agencies that provide inpatient services or medical facilities with beds for overnight patients according to the law on medical facilities, which can appropriately perform medical termination of pregnancy.
(2) Medical clinics according to the law on medical facilities, which can perform medical termination of pregnancy for pregnancies not exceeding twelve weeks.
Section 8
Medical practitioners performing medical termination of pregnancy under these regulations must report to the Medical Council according to the conditions and time frame in the form prescribed by the Medical Council.
Section 9
In cases where the medical practitioner performing the medical termination of pregnancy does not comply with these regulations, it shall be considered that the person is practicing medicine without maintaining the best standard.
Section 10
Medical practitioners performing medical termination of pregnancy under these regulations shall be considered to have acted in accordance with Section 305 of the Criminal Code.
Announced on November 10, B.E. 2548
Somsak Lohlekha
President of the Medical Council