REHABILITATION
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Chapter I. Rehabilitation of Disabled Persons Act A.D. 1991 (B.E. 2534)
Chapter II. Ministerial Regulation No. 1 A.D. 1994 (B.E. 2537) on the Employment of Disabled Persons and the Contribution to the Fund for Rehabilitation of Disabled Persons
Chapter III. Ministerial Regulation No. 2 A.D. 1994 (B.E. 2537) on Designation of Type and Criteria of Disabled Persons
Chapter IV. Ministerial Regulation No. 3 A.D. 1994 (B.E. 2537) on Provision of Medical Rehabilitation Service and Expenses for Nursing Care and Equipment
BHUMIBOL ADULYADEJ REX.
Given on the 20th day of November A.D. 1991 (B.E. 2534)
Being the 46th year of the Present Reign
His Majesty King Bhumibol Adulyadej has been graciously pleased to proclaim that
Whereas it is expedient to enact the Law for Rehabilitation of Disabled Persons
BE IT THEREFORE ENACTED BY THE KING, by and with the advice and consent of the National Legislative Assembly, as follows:
Section 1
This Act shall be called "the Rehabilitation of Disabled Persons Act A.D. 1991 (B.E. 2534)".
Section 2
This Act shall come into force as from one hundred and eighty days following the date of its publication in the Government Gazette.
Section 3
All other laws, regulations and rules insofar as they deal with the matters governed by this Act or are inconsistent with the provisions of this Act, shall be replaced by this Act.
Section 4
In this Act,
"Disabled Person" means a person with physical, intellectual or psychological abnormality or impairment as categorized and prescribed in the Ministerial Regulations.
"Rehabilitation of Disabled Persons" means the improvement of the potentials and capacities of disabled persons through medical, educational, and social methods, and vocational training in order to provide them the opportunities to work or lead their lives equal to that of the non-disabled.
"Committee" means the Committee for the Rehabilitation of Disabled Persons.
"Minister" means the Minister in charge of the enforcement of this Act.
Section 5
There shall be a Committee for the Rehabilitation of Disabled Persons consisting of Minister of Interior as Chairman, and the Permanent Secretaries to the Ministries of Defence, Interior, Education, Public Health, and University Affairs, the Director of the Budget Bureau, the Directors-General of the Departments of Medical Services, Public Welfare, General Education and not more than six other qualified persons appointed by the Minister, as Members.
The Head of the Office of the Committee for Rehabilitation of Disabled Persons shall be its Secretary and the Committee shall have the power to appoint not more than two officials from the Department of Public Welfare as its Assistant Secretaries.
The Minister shall appoint the qualified person, as prescribed in paragraph one, from among the disabled persons who are the representatives of the organizations associating with disabled persons, not less than two persons.
Section 6
The Committee shall have the following power and duties to:
Section 7
The qualified Committee Members shall hold office for a term of two years.
Members who vacate office at the end of term may be reappointed.
Section 8
In addition to the retirement at the expiration of the term of office according to Section 7, the qualified Committee Members shall vacate office upon
Section 9
In case any qualified Committee Member is appointed at the time the former ones are still in office, whether an additional appointment or an appointment to fill up the vacant position, the Member so appointed shall retain his/her office either during such time only as the already appointed Members or the Members whom he/she replaced were entitled to retain the same, as the case may be.
Section 10
At the meeting of the Committee, the presence of not less than half of the Committee members is required in order to constitute a quorum. If the Chairman is not present at the meeting, the members shall elect one among themselves to chair the meeting.
Ruling and decisions of the meeting shall be by majority of votes. One Committee member shall have one vote. In case of equality of votes, the chairman of the meeting shall be entitled to a second or casting vote.
Section 11
The Committee shall have the power to appoint one or more Sub-committee to consider or undertake any matter assigned by the Committee.
Each Sub-committee shall consist of not less than one member who is a disabled person registered in accordance with Section 14.
The provisions of Section 10 shall apply mutatis mutandis to the meeting of the Committee.
Section 12
The Office of the Committee for Rehabilitation of Disabled Persons shall be established in the Department of Public Welfare, Ministry of Interior, having authorities to assist, develop and rehabilitate disabled persons including the following power and duties to:
Section 13
The Office of the Committee for Rehabilitation of Disabled Persons under Section 12 shall be the central registration office for disabled persons in Bangkok as well as other provinces, with the Head of the Office functioning as the Central Registrar. The Provincial Public Welfare Office in every province shall also be the registration office for disabled persons in the respective provinces, with the provincial Public Welfare Officer functioning as the Provincial Registrar.
Section 14
Any disabled person wishing to avail himself/herself of the right to assistance, development and rehabilitation under this Act shall submit an application for registration to the Central Registrar at the Office of the Committee for the Rehabilitation of Disabled Persons or to the provincial Registrar at the provincial Public Welfare Office in the province of his/her domicile.
In case the disabled persons is a minor, a quasi-incompetent or incompetent person, or extensively disabled to the extent that registration by him/her is not possible, his/her guardian, custodian or caretaker, as the case may be, may submit the application for registration on his/her behalf.
Besides, such a person has to be present along with the guardian, custodian or caretaker; if the disabled person is not in a position to go personally to the Central Registrar or the Provincial Registrar, the guardian, custodian or caretaker must bring the documentary evidence to the Central Registrar or the Provincial Registrar, as the case may be.
Registration, determination, changing or renunciation of their rights by disabled persons shall comply with the criteria, procedures and conditions set forth in the rules and regulations prescribed by the Committee.
Section 15
Disabled persons who have been registered in accordance with Section 14 shall be entitled to the following assistance, development and rehabilitation:
Section 16
There shall be a fund called "A Fund for Rehabilitation of Disabled Persons" set up in the Office of the Committee for the Rehabilitation of Disabled Persons to serve as the revolving capital for expenses incurred in the implementation and provision of assistance to disabled persons and support of the institutions providing medical, educational, social rehabilitation and vocational training, including the Center for Innovation and Educational Technology and organizations concerned with disabled persons.
The Fund of Rehabilitation of Disabled Persons shall comprise the following monies and properties:
The monies and other properties prescribed in paragraph two shall be put into the Fund without having to be remitted to the Treasury as Government revenue.
The pursuit of gain and the expending of the Fund shall comply with the rules and regulations prescribed by the Committee with approval of the Ministry of Finance.
Section 17
In order to protect and assist disabled persons, the Minister shall have the power to issue the Ministerial Regulations prescribing
In case any employer or owner of a private company does not wish to employ disabled persons at the ratio prescribed, he/she may apply to contribute to the Fund as stipulated in Section 16 at the rate specified in the Ministerial Regulations instead of employing disabled persons.
Section 18
An owner of a building, site, vehicle or a service provider who provides equipment to directly facilitate disabled persons as stipulated in Section 17(1) is entitled to deduct double the expenses incurred for such purpose from the net income or net profit of the year during which those expenses were incurred, as the case may be, in accordance with the Revenue Code.
Any employer or owner of a private company who employs disabled persons in accordance with Section 17(2) is entitled to deduct the wages paid to such persons as expenses specified in the Revenue Code in an amount equal to twice the amount actually paid.
Section 19
During the period that the Office of the Committee for Rehabilitation of Disabled Persons has not been established within the Department of Public Welfare in accordance with Section 12, the Department of Public Welfare shall have authority under Section 12 and Section 13.
Section 20
The Ministers of Ministries of Interior, Education and Public Health shall be in charge of the enforcement of this Act and shall have the power to issue Ministerial Regulations to ensure compliance with this Act in line with their respective authorities. Such Ministerial Regulations shall come into force upon being published in the Government Gazette.
(Countersigned by Anand Panyarachun Prime Minister)
Remarks:
The rationale for promulgation of this Act are.............. although disabled persons are a part of national resources, their disabilities often hamper their living, occupation and participation in social activities, it is deemed appropriate to support and promote disabled persons to have opportunities, lead their lives, work and participate in social activities equal to that of the "able-bodied". In this respect, it is deemed expedient that disabled persons be protected, assisted, developed and rehabilitated through medical, educational, social rehabilitation and vocational training; that existing problems be solved and economic and social barriers be removed for them; and that the society be promoted to be conducive to and to rehabilitate these disabled persons.
The Rehabilitation of Disabled Persons Act has passed on authorities and partial administrative duties of Ministry of Interior to Ministry of Labour and Social Welfare B.E. 2536 Special Edition page 5 Volume 110 part 99 the Royal Gazette 25 July B.E. 2536.
To establish a ratio of disabled employees to be hired by employers or owners of private companies and the rate of payment which must be made by employers or owners of the companies to the Rehabilitation Fund for Disabled Persons.
Section 17 of the Rehabilitation of Disabled Persons Act B.E. 2534 stipulated that employers or owners of the private companies are to hire disabled persons by type of work in the ratio appropriate to other employees. In case employers or owners of private companies prefer not to employ disabled persons to work by the set ratio, the employers or owners of such companies can donate money to the Fund for Rehabilitation of Disabled Persons using the rate designated in the ministerial regulations. It is thus necessary to issue these ministerial regulation accordingly.
Pursuant to Section 17 and 20 of the Rehabilitation of Disabled Persons Act B.E. 2534, the Minister of Labour and Social Welfare hereby issued the following ministerial regulations:
No. 1 In the case of any private company or workplace that has more than 200 employees, the employers or owners of such companies are to hire disabled persons to any position in a ratio of 1 disabled person to every 200 regular employees. In cases where the company has over 200 employees, the company is to hire 1 additional disabled employee for every 100 regular employees. Exemption is allowed only in cases where there is no work suitable for disabled persons and the owner of the workplace has informed and received concurrence from the Department of Public Welfare.
The Department of Public Welfare is to define the type of work disabled persons can perform and announce in the Royal Gazette.
Any private company/workplace that does not have disabled employees or does not have them in the ratio mentioned in No. 1 is subject to inform the Department of Public Welfare by January 30th of each year. An advertisement specifying the company's interest to hire disabled persons must be posted for not less than 30 days. If there is no disabled person applying or the Department of Public Welfare fails to send any candidate within 30 days after the Department is informed of the company's interest, the private company or workplace is exempted from the stipulation mentioned in No. 1.
No. 2 In the hiring process of disabled persons as mentioned in paragraph 3 of No. 1, the private company/workplace, with consent from the Department of Public Welfare, can specify characteristics of disabled persons that will match type of work needed.
Failure to hire a disabled person who either has applied for the position or has been recommended by the Department of Public Welfare for reason not associated with behaviour or history of the impairment or type of impairment mentioned in paragraph 1, it is considered that the private company/workplace wishes not to employ disabled persons.
No. 3 Any employer or owner of the company who has the duty to hire disabled persons but prefers not to do so, must send the money to the Fund for Rehabilitation of Disabled Persons on an annual basis using the per year rate of half of the minimum wage applied in the area where the workplace is located times 365 and times the number of disabled persons the company wishes not to employ.
No. 4 Money sent to the Fund can either be in cash, crossed check or postal money order. It must be sent to Office of the Committee for Rehabilitation of Disabled Persons, Department of Public Welfare or to the Provincial Public Welfare Office where the company/workplace is located.
No. 5 At the beginning, employer or owner of the company/workplace is to follow the ministerial regulations within 90 days after the Department of Public Welfare has established type of work disabled persons can perform pursuant to No. 1, paragraph 2. But, informing the Department of Public Welfare pursuant to No. 1 paragraph 3 must be done within 30 days after the announcement date on type of work suitable for disabled persons by the Department of Public Welfare.
Issued on July 21 B.E. 2537
Sign Paitoon Kaewthong
(Mr. Paitoon Kaewthong)
Minister of Labour and Social Welfare
To designate type and criteria of disabled persons
Section 4 of the Rehabilitation of Disabled Persons Act, B.E. 2534 stipulated that disabled person means a person with physical, intellectual or mental abnormality or malfunctioning classified by type and criteria designated in the ministerial regulation. It is thus necessary to issue this ministerial regulation to designate type and criteria of disabled persons accordingly.
Pursuant to Sections 4 and 20 of the Rehabilitation of Disabled Persons Act B.E. 2534, the Minister of Public Health hereby issued the following ministerial regulations:
No. 1 Types of disabled persons are classified as follows:
No. 2 Impairment in terms of sight means:
No. 3 Impairment in terms of hearing or communication means:
No. 4 Impairment in terms of physical functioning or locomotion means:
No. 5 Impairment in terms of mentality or behavioral condition means an individual with psychological abnormality or malfunctioning of certain parts of the brain associated with perception, emotion and thought which causes inability for her/him to control behaviour necessary for self-care or living with others.
No. 6 Impairment in terms of intellectual or learning ability means a person with abnormality or malfunctioning of the brain or intelligence level which causes inability of the person to learn through a regular educational system.
No. 7 All types of disabled persons with abnormality or malfunctioning have the right to receive benefits pursuant to the Rehabilitation of Disabled Persons Act B.E. 2534 only after the person has completed regular treatment but the abnormal conditions remain unchanged.
No. 8 Medical professionals from government and state enterprise hospitals and others as announced by the Ministry of Public Health are entitled to diagnose impairment status and issue an official document to confirm the impairment condition using the form as attached herewith.
Issued on July 28 A.D. 1994 (B.E. 2537)
Sign Arthit Ourairat
(Mr. Arthit Ourairat)
Minister of Public Health
Place .............................
Date.......... Month .........
I, Doctor (Mr/Ms) .............................................................................
with the license to practice medical profession number ............................
Place of work ..................................... has made the clinical assessment of Mr/Mrs/Miss ..................................
| Type of Impairment | Condition Assessed | Evaluation results | Characteristic of abnormality | Level of Abnormality | Remark
Yr/Mo |
|
| Normal | Abnormal | |||||
| 1. Sight | - Ability to see
- Visual field |
_ |
_ |
_ |
_ |
_ |
| 2. Hearing or communication | - Ability to hear
- Understanding of spoken language - Ability to speak |
_ |
_ |
_ |
_ |
_ |
| 3. Physical functioning and locomotion | - General physical condition
- Movement of arms, hands - Movement of legs, body |
_ |
_ |
_ |
_ |
_ |
| 4. Mentality or behavior | - Mental or behavioral condition | _ |
_ |
_ |
_ |
_ |
| 5. Intellectual or learning ability | - Ability to learn
- Intellectual level |
_ |
_ |
_ |
_ |
_ |
Summary of the diagnosis indicates that the person being evaluated on
( ) has no impairment condition
( ) is a disabled person type....................
The impairment occurred ( ) from birth ( ) after birth
Nature of impairment
.........................................................................
.........................................................................
.........................................................................
Causes of impairment ( ) hereditary ( ) transportation accident
( ) infection ( ) work related accident
( ) illness ( ) other type of accident
Specify ................................................
( ) others
Specify ................................................
( ) causes cannot be identified
Data on medical services:
( ) has never been diagnosed by physician
( ) has been diagnosed by physician but never received any treatment or a continuing rehabilitation program
( ) under current treatment and rehabilitation care
( ) has completed the rehabilitation program
Data on access to equipment or prosthesis
( ) has never had it
( ) has received the following:
1. ................................................... Year ................................
2. ................................................... Year ................................
3. ................................................... Year ................................
4. ................................................... Year ................................
Ability at present is at level ........................................................................
Problems and needs ....................................................................................
Additional comments
( ) Refer to Provincial Public Welfare Office for registration and service
( ) Refer for further diagnosis
( ) Refer for medical rehabilitation service
Specify .....................................................
( ) Refer for social rehabilitation service
Specify ....................................................
( ) Refer for community based rehabilitation
Specify ....................................................
Others:
......................................................................................................................
......................................................................................................................
......................................................................................................................
......................................................................................................................
......................................................................................................................
......................................................................................................................
Signature ..................................................
(................................................)
Position Title ............................................
To establish medical rehabilitation service and expenses for nursing care and equipment. The purpose is to readjust physical, intellectual or emotional condition, or improve existing condition of disabled persons in pursuance of Section 15 (1) of the Rehabilitation of Disabled Persons Act B.E. 2534.
Section 15 (1) of the Rehabilitation of Disabled Persons Act B.E. 2534 stipulated that disabled persons who have registered pursuant to Section 14 are to receive medical rehabilitation service, expenses for nursing care and equipment to help readjusting their physical, intellectual or emotional condition or improving their capacity as specified in the ministerial regulation. It is thus necessary to issue these ministerial regulations to set standard of medical rehabilitation service, nursing care expense, and equipment cost accordingly.
Pursuant to Section 15 (1) and 20 of the Rehabilitation of Disabled Persons Act B.E. 2534, the Minister of Public Health hereby issued the following ministerial regulations.
No. 1 The disabled persons who have registered in pursuance of Section 14 are entitled to receive medical rehabilitation services as follows:
No. 2 Under Regulation 5, disabled persons, who receive medical rehabilitation service from Ministry of Public Health medical facilities or other government facilities, local administration facility, or state enterprise hospitals as announced by the Ministry of Public Health, do not have to pay for service or equipment related to No. 1 services as follows:
No. 3 In cases when disabled persons receive medical rehabilitation service according to No. 2 and must use prostheses or any type of supporting equipment, the medical facility must arrange such needed equipment for the disabled persons. If the medical facility does not have the needed prostheses, supporting equipment, the medical facility can contact and request for needed equipment from Sirindhorn National Medical Rehabilitation Center, Department of Medical Service, Ministry of Public Health.
No. 4 When the received prosthesis or requested equipment as stated in No. 3 does not function properly or needs repairment, the medical facility according to No. 2 can do the repair service or change part of the equipment free of charge.
No. 5 In case the disabled person has already received service or is entitled to receive medical and nursing care service from other institution, she/he must seek the assistance from that institution first.
Issued on July 28 A.D. 1994 (B.E. 2537)
Sign Arthit Ourairat
(Mr. Arthit Ourairat)
Minister of Public Health
Translated by:
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ECONOMIC AND SOCIAL COMMISSION FOR ASIA AND THE PACIFIC
Legislation on Equal Opportunities and Full Participation in
Development for Disabled Persons: Examples from the ESCAP region
- 10. Thailand -
Printed in Thailand
December 1997 1,250
United Nations Publication
Sales No. E.98.II.F.21
Copyright © United Nations 1997
ISBN: 92-1-119789-9
ST/ESCAP/1651