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June 1, 2023

IBA Telemedicine Survey: Thailand, Vietnam

Life sciences specialists from Tilleke & Gibbins have supplied the Thailand and Vietnam contributions to the International Bar Association (IBA) Healthcare and Life Sciences Law Committee’s global telemedicine survey. The survey, spanning 54 jurisdictions worldwide, functions as a comparative legal guide on the provision of telemedicine and related products and services. It offers practitioners and industry users access to relevant rules and regulations, addressing key aspects such as regulation, data privacy, liability, and recent developments in telemedicine.

Telemedicine has emerged as a transformative force in healthcare, revolutionizing the way medical services are accessed and delivered. As in many other jurisdictions, telemedicine has gained prevalence in Thailand and Vietnam, as it enables patients to remotely consult with healthcare professionals, access diagnostic services, and receive timely medical advice while minimizing physical contact. As the global healthcare landscape continues to evolve, understanding the legal and regulatory aspects of telemedicine becomes paramount, making initiatives like the IBA’s telemedicine survey vital for practitioners and industry stakeholders.

The IBA is a globally recognized organization that brings together legal professionals and bar associations from around the world, and its Healthcare and Life Sciences Law Committee plays a crucial role in addressing legal issues and developments in the healthcare industry.

The complete surveys for Thailand and Vietnam­—and the 52 other participating jurisdictions—are available on the IBA website.

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January 10, 2023
On January 9, 2023, Vietnam’s National Assembly voted to approve a draft resolution on the continued implementation of policies for the prevention and control of the Covid-19 pandemic. Under this resolution, marketing authorizations (MAs) for the following drugs and medicinal ingredients will be extended to December 31, 2024, allowing continued use in Vietnam: Drugs and medicinal ingredients whose MAs expire from January 1, 2023, to December 12, 2024, and whose extension dossiers have been submitted but have not yet been approved in accordance with the Law on Pharmacy; and Drugs and medicinal ingredients whose MAs have been extended as per Resolution No. 12/2021/UBTVQH15 and have not been extended in accordance with the Law on Pharmacy. The extension does not apply to the following cases: Drugs and medicinal ingredients that have been recalled by the Law on Pharmacy; Drugs with signs of being unsafe for users that have been suspended from circulation/use and sealed for preservation in accordance with the Law on Pharmacy; and Drugs with MAs having a validity term of three years in accordance with the Law on Pharmacy. The Ministry of Health will announce the list of drugs and medicinal ingredients whose MAs are subject to be extended as described above.
November 23, 2022
The delisting of cannabis as a controlled narcotic in Thailand on June 9, 2022, was a breakthrough moment for the industry.  Not only are farmers and others in the industry elated that such a step was taken, it has triggered the establishment of an abundance of cannabis dispensaries in Bangkok and other popular domestic and international tourist destinations in Thailand, including Chiang Mai, Pattaya, Phuket, and many islands. Vulnerable populations, such as children, accessing cannabis has also become a hot-button issue. Thailand’s Ministry of Public Health (MOPH) was initially criticized by some for its policy of allowing cannabis to be sold with few restrictions. On June 17, 2022, the MOPH followed up with the Announcement Re: Controlled Herbs (Cannabis) under the Thai Traditional Medical Knowledge Act, which seemed to implement a viable mechanism to regulate cannabis dispensaries. This announcement contained prohibitions on selling cannabis to vulnerable populations (minors, expectant women, and breastfeeding mothers) and on smoking cannabis in public. Furthermore, the draft Cannabis and Hemp Act includes provisions related to sales and distribution channels and advertisements for particular dispensaries. However, the draft act has been delayed due to disagreements among some political parties during the reading of the legislation, and is unlikely to be implemented in 2022 as had been widely expected.  The tug-of-war among the political parties has caused concerns about whether the country’s recent liberalized cannabis policy will be revisited and cannabis relisted as a narcotic. With this uncertainty over when the draft Cannabis and Hemp Act will be implemented, the MOPH has focused on identifying gaps in current regulation that might allow the misuse of cannabis. The minister of the MOPH has announced that the MOPH announcement of June 17, 2022, will be repealed and replaced by the November 11, 2022, Announcement Re: Controlled Herbs (Cannabis).
November 14, 2022
Following the delisting of cannabis grown in Thailand as a narcotic substance on June 9, 2022, many have explored the applications of cannabis in various fields, including medicine, healthcare, food products, cosmetics, and animal feed. For example, a poultry farm in northern Thailand conducted an experiment jointly with Chiang Mai University, mixing crushed cannabis into poultry feed and water. The experiment showed several benefits of this cannabis feed. Birds that were fed cannabis had lower mortality rates and achieved superior body mass, with increased levels of protein, fat, and moisture in the meat, leading to this method of organic bird farming yielding higher profits. Despite the results of this experiment, the mechanisms and action of cannabis in animal feed are still not yet fully understood, and there are concerns about the possible effects on human health of consuming cannabis-fed poultry. Until recently, cannabis regulations focused solely on the safety of use by humans, and there were no regulations on the use of cannabis in animals. However, on October 11, 2022, the Department of Livestock Development (DLD) published Notification Re: Guidelines on the Use of Hemp and Marijuana as Especially Controlled Animal Feed or Their Use as Ingredients in Especially Controlled Animal Feed in the Government Gazette. In general, the DLD notification requires that animal feed containing cannabis be shown to benefit the animals without causing concern for their safety. According to the Animal Feed Quality Control Act B.E. 2558 (2015), especially controlled animal feed must be registered before it can be manufactured domestically or imported into Thailand. The DLD notification lays down the following evaluation criteria for registration of animal feed containing cannabis: It is prohibited to use cannabis (both hemp and marijuana) apexes (i.e., leaf tips), inflorescence, or seeds—including extracts from apexes, inflorescence, or seeds—as especially controlled animal
October 14, 2022
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