OBSTACLES IN THE ENFORCEMENT OF SANATORIUM ACT B.E. 2541: FOR ADVERTISING CONTROL SANATORIUM IN BANGKOK

Abstract

This study aimed to investigate the factors infl uencing the enforcement of laws controllinghospital advertisements, as there are currently existing issues and obstacles in regulating suchadvertising in hospitals. The research was conducted within non-overnight stay medical clinicsthat provide surgical services in Bangkok, with data collected from advertisements approvedby the Department of Health Service Support and case data of penalties for violating advertisingrules over one year (October 2011 to September 2012). The study found that 2,556 hospitalshad submitted applications for advertisement approval. Most of the advertisements or
announcements from these hospitals complied with the legal provisions, with 1,556 hospitals(or 60.88%) not violating sanatoriumadvertising rules. Meanwhile, 1,000 hospitals (or 39.12%)were identifi ed as high risk for breaching sanatorium advertising rules. The most commontype of legal infringement was found to be under Section 7(1) - false or baseless advertising,
exaggeration, deceit, or concealment of the truth, which amounted to 330 cases or 33.0%.The second most common was under Section 7(2) - advertisements or announcements leadingto a misunderstanding that the sanatorium has professional personnel, tools, equipment,medicines, medical devices, or medical equipment, accounting for 255 cases or 25.5%. Uponanalyzing the enforcement of laws to control sanatorium advertisements, the study concludedthat there are fi ve factors affecting lawenforcement, namely, factors from the legal context,factors related to the law enforcement of offi cers, organizational factors, factors related toconsumer behavior, and factors related to environmental and medical service businessconditions. The study systematically examines the obstacles to enforcing advertisement lawsto protect consumers and safeguard the public interest as effi ciently as possible.