Appling Artificial Intelligence in Thai Medicine and Public Health: Legal Frameworks and Technological Challenges

Abstract

This article studies the use of medical Artificial Intelligence (AI), the regulatory approach, and limitations of Thai legal framework concerning the use of medical AI, as well as identifying problems and obstacles, to propose recommendations for promoting the use of medical AI in Thailand. The research studied related documents both in Thailand and from abroad. It was found that many countries increasingly adopted medical AI, as the technology enabled accurate diagnosis and enhanced access to healthcare services for patients in remote areas without a need to travel to healthcare facilities. Additionally, the machine learning system available in medical AI helped to categorize it as software under the definition of "medical devices." Medical device laws specified criteria for controlling medical devices based on risk categories, consequently the production, importation, and registration of medical AI were subject to the medical device laws. However, the regulation did not cover service delivery process or the use of medical AI. Moreover, telemedicine professionals must be officially attached to healthcare institutions. Therefore, to promote the use of medical AI in Thailand, the Ministry of Public Health, as the directly concerning organization, can utilize the authority under Section 15 of the Sanatoriums Act, B.E. 2541 (1998) to amend legal provisions and establish standards for the use of medical AI services, as well as regulate businesses in this field.