Situation Analysis of Fashionable Orthodontics and Related Law Enforcement

Abstract

This study aimed to study about the related laws and responsible agencies on fashionable
orthodontics with fashionable dental braces to conduct the situation analysis of their problematic
issues, study the law enforcement process in the prosecution of pseudo-orthodontics with
fashionable dental braces, and propose such problems solving. Documentary study and survey
research were conducted. Survey data were collected through the questionnaires about the
prosecutions on fashionable orthodontics with fashionable dental braces during July 31st, 2009
to December 31st, 2015. The sample group was 77 officers of the Ministry of Publ ic Health:
76 samples from the Provincial Public Health Offices and 1 sample from the Department of Health
Service Support. The results showed that there were 7 laws as related to the enforcement of
the fashionable dental braces which included the Health Facility Act B.E. 2541 (1998), the Dental
Profession Act B.E. 2537 (1994), the Consumer Protection Act B.E. 2522 (1979), the Criminal code,
the Criminal Procedure Code, the Medical Device Act B.E. 2551 (2008) and the Computer-related
Crime Act B.E. 2550 (2007). Each law had different responsible agencies and handled the problems
in each different situation. In 103 prosecution cases were enforcement by 96.1% on the service
venues under the Health Facility Act, 92.2% on the service providers under the Dental Profession
Act, and 57.3% on the fashionable dental braces under the Consumer Protection Act. The laws
enforcement depended on the context of each event or circumstance of the offenses. However,
the existing laws were incapable to handle the problems on fashionable orthodontics effectively.
Therefore, the legislation improvement should be include: (1) edit the amendment definition
"sales" under Section 3 and appoint the competent officers under Section 8 of the Consumer
Protection Act B.E. 2522 (1979) (2) appoint the competent officers under Section 6 of the Dental
Profession Act B.E. 2537 (1994) and (3) make an announcement on the classification of fashionable
dental braces or any materials used as medical device under section 4 and section 6 (10) of the
Medical Device Act B.E. 2551 (2008).