Scrutiny Over NBTC Chairman Candidate's State Employee Status
The screening committee is examining whether an NBTC chairman nominee's previous work as a fee-per-hour physician at a state hospital constitutes prohibited state employment under broadcasting law. Legal experts argue the actual working rel
The screening committee's review of the NBTC chairman nominee continues to draw scrutiny, particularly regarding his former employment status as a physician at Ramathibodi Hospital before his royal appointment to the commission. The central question is whether his work as a fee-per-hour doctor (Doctor Fee) constitutes employment as a state agency worker as defined by law.
Medical sources have stated that physicians working under fee-per-hour arrangements at Ramathibodi Hospital's medical faculty—whether as salaried employees or under service contracts—must sign contracts with the faculty before beginning work. Because Ramathibodi Hospital operates as part of Mahidol University, it maintains clear legal ties to a state institution.
These sources note that classifying Doctor Fee compensation as independent professional income under tax code Section 40(6) is merely a tax classification and does not establish employment status. The true test should examine the actual working relationship between the physician and the state agency, applying the legal principle of "substance over form" commonly used in employment status determinations.
Working as a Doctor Fee physician in a state hospital differs fundamentally from private practice because the work occurs under state liability law and often involves compensation connected to government budgets, creating a different relationship with state agencies than typical independent professional practice.
Under Section 8 of the Broadcasting and Telecommunications Act, NBTC commissioners must not be state agency employees to preserve the organization's independence and prevent conflicts of interest. Whether fee-per-hour physician work qualifies as state employment remains a legal question requiring careful examination of facts and evidence in each case. The screening committee bears responsibility for thoroughly investigating the nominee's qualifications before submitting the name for royal appointment, a process critical to legal correctness and the credibility of the independent constitutional agency.
However, Mahidol University's rector's office previously stated there are no qualification problems with the nominee's appointment as NBTC chairman and presented investigation results from Ramathibodi Hospital's medical faculty showing that the nominee performed physician duties treating patients during the period from December 20, 2021, to January 7, 2022.
