"So, it can't be enforced," he said, adding that the role of any professional council was actually to ensure the standards and ethics of the people in the same profession.

"They are only allowed to conduct self-control in these aspects," the minister said. "Aside from these, they need to abide by the existing law. It's impossible for them to issue any forms or directives to avoid the existing law. This announcement is not a law, nor was it constituted by any law."

Therefore, the Medical Council's announcement was just a "bunch of opinions", said Mongkol.

 The minister said he sympathised with the situation facing the medical profession over the rise in the number of medical doctors who are facing lawsuits for medical errors.

In the meantime, 60 such cases are pending the court's ruling and that could heighten the pressure on medical professionals, Mongkol said.

The ministry and the National Health Security Office were working together to reduce the tensions between those doctors and their plaintiffs, he said, adding that one measure included establishing a fund to help the victims of medical errors. A recent council announcement called "Medical Facts" said that for the "benefit of patients, medical practitioners may refuse to treat patients who are not in need of immediate treatment and not in a life-threatening condition but must give proper recommendations or make proper referrals".

Council secretary-general Dr Pinij Kulavanich on Wednesday explained the announcement was for the benefit of patients as well as doctors. "Read the announcement carefully and you will understand," he said, adding that the council was not protecting doctors for unsound reasons. "But we should provide justice for doctors, too. In some areas, a single doctor has to take care of 100 patients in a very limited time."

However, in response to the growing opposition against the announcement, Pinij said the council would decide whether to revise the announcement at its next meeting and might hold a press conference next week in a bid to clear up any misunderstanding.

Arthit Khwankhom

The Nation