Dr Sarana Boonbaichaiyapruck, chairman of the National Broadcasting and Telecommunications Commission (NBTC), has defended himself this week against allegations that he lacks the qualifications to hold the office, noting he resigned from government service on Jan 8, 2022.
In a video clip he released to the press on Monday, he said he wanted to clarify the facts regarding the ruling by the NBTC selection committee that he lacks the qualifications to hold the NBTC office.
According to Wisanu Warunyu, spokesperson of the selection committee, on July 17 it voted unanimously 4-0 that Dr Sarana was prohibited to serve as chair under Article 8 (2) of the 2010 NBTC Act.
As a result, Dr Sarana is ineligible to serve in that position, according to Article 18 of the 2021 NBTC Act.
The Senate selected Dr Sarana as commissioner in December 2021, and he and other commissioners were royally appointed on April 13, 2022.
The selection committee was shown evidence that Dr Sarana still held temporary employee status as a physician at Ramathibodi Hospital based on hourly compensation from Jan 8 to April 12, 2022.
In the video clip, Dr Sarana said while he was awaiting royal endorsement, he still had duties and responsibilities as a physician, including scheduled procedures such as cardiac catheterisation, balloon angioplasty, and outpatient consultations.
"These were imperative -- as a physician I cannot abandon patients and I have to complete my duties," he said.
Dr Sarana said he had to consult with patients with scheduled appointments to reassure them that their future caregivers were updated and competent to treat them.
"I performed all my duties in full compliance with professional standards and medical ethics, acting as an independent professional practitioner," he noted.
Dr Sarana said he was not a government officer, having resigned from government service on Jan 8, 2022, nor was he an employee.
He said he would consider his legal options regarding the selection committee's verdict.
According to Article 8 (2) of the 2010 NBTC Act, commissioners must not be employees or hired by state agencies, state enterprises or local state administrations, nor act as directors or advisors of state enterprises or state agencies.
Under Article 18 of the 2021 NBTC Act, those approved by the Senate as NBTC commissioners are obliged to present evidence to the Senate president that they are not prohibited under Article 8.
The evidence submission must take place within the time frame set by the Senate president, which is before the prime minister submits their names for royal endorsement.
If they fail to submit evidence according to the time frame, the nominees waive their right to be commissioners and a search for replacements will begin, according to the law.