DUTIES AND POWER OF LOCAL GOVERNMENT : STUDIES IN DUTIES AND POWER OF PUBLIC HEALTH

Abstract

This article studied the lack of clarity public health on roles and powers in Thai local government, leading to decentralization of power. The goal is to understand legal problems and formulate solutions. Focus was on establishing hospital procurement of vaccines and medicines, controlling emergency medicine, and examining duties of local administrative organizations in preventing and suppressing communicable diseases in animals, solid waste and sewage storage, and air pollution control. A comparative legal study was made with local government organizations in Japan and the United States of America.

Results were that in foreign countries, local governments have more diverse roles and powers in public health than in Thailand. The principle of general competence provision assigned local government organizations a range of duties and powers. Public health-related laws were also enacted to clearly confirm duties and powers of local public health associations. In addition, provisions exist in separation of duties and powers between state and local government organizations and between local government organizations. Decentralization of power to local authorities resulted, as Thailand has yet to authorize any statutory general competence principle or law related to public health.

Other nations have avoided this decentralization of power and assigning local government organizations a variety of functions. In addition to the aforementioned legal dimension, local budgeting operation potential and trained competent personnel remain issues. These findings suggest that a central law should be enacted outlining the principle of division of duties and powers after study, collection and improvement of laws related to public health missions to create decentralization. In terms of exercise of power, legal provisions are overdue for amendment and remain unrevised to meet the current context. Cooperation in public health service provision in the form of a cooperative establishment should not be limited to local government organizations of the same level or type. It should be stipulated that local governments of all kinds should be able to cooperate in providing health services. Such suggestions in legal dimensions will start decentralization of public health power in other dimensions, including budget and trained personnel to local government organizations.