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Title: Physicians Act CH
Amended Date: 2018-12-19
Category: Ministry of Health and Welfare(衛生福利部)
Chapter 1 General provisions
Article 1
Citizens of the Republic of China having passed a physician exam and holding a physician license in accordance with This Law may work as a physician.
Article 2
Anyone holding the following qualifications may take the physician exam:
1. Graduates from department of medicine in public or registered private university or independent college, or international university or independent college complying with the Ministry of Educations recognition rules, and who holds a graduation diploma following the approved completion of a full internship
2. Graduates from the seven-year program at the department of Chinese medicine in private independent colleges who took up studies prior to the academic year 1995; and who have studied the required medical curriculum and completed a full and approved internship; who holds documentary proof thereof; who have passed the exam for Doctor of Chinese medicine; and who holds a Doctor of Chinese Medicine license
3. Graduates from the department of Chinese medicine electing a double major including also the department of medicine; and who have completed a full and approved internship; and who hold a graduation diploma; and who have passed the exam for Doctor of Chinese Medicine; and who hold a Doctor of Chinese Medicine license
The number of students in the department of Chinese medicine electing a double major in the departments of Chinese and Western medicine and who took up studies before the academic year 2002 as mentioned in Clause 3 in the previous item, together with the number of students in the department of medicine may not exceed the total number of students approved by the Ministry of Education for the department of medicine at that school.
Article 3
Anyone having the following qualifications may take the doctor of Chinese medicine exam.
1. Graduates from the department of Chinese medicine in public or registered private university or independent college, or international university or independent college complying with the Ministry of Educations recognition rules; and who have passed the physician exam; and who hold a Physician license
2. Graduates from public or registered private university or independent college who graduated prior to the amendment and implementation of This Law, and who have studied the curriculum required for Chinese medicine, and who holds documentary proof thereof; and who have passed the physician exam; and who hold a physician license.
3. Graduates from the department of medicine electing a double major including also the department of Chinese medicine; and who have completed a full and approved internship; and who hold a graduation diploma; and who have passed the physician exam; and who hold a Physician license
The number of students in the department of medicine electing a double major in Western and Chinese medicine as mentioned in Item 3 of the previous clause, together with the number students in the department of Chinese medicine may not exceed the total number of students approved by the Ministry of Education for the department of Chinese medicine at that school.
Students passing the Qualification Examination for Taking the Doctor of Chinese Medicine Examination in the Republic of China within the past 100 years may take the Special Examination for Doctor of Chinese Medicine.
Physicians holding a Doctor of Chinese Medicine Diploma with the Chinese character for Overseas shall pass the Written Examination for the Qualification Screening of Medical Personnel and obtain a Doctor of Chinese Medicine diploma with the Chinese character for Taiwan prior to December 31, 2005 before being allowed to practice in Taiwan.
Article 4
Graduates from department of dentistry in public or registered private university or independent college, or international university or independent college complying with the Ministry of Educations recognition rules, and who hold a graduation diploma following the approved completion of a full internship may take the dentist exam.
Article 4-1
According to the regulations in Articles 2 to 4, anyone with an international educational record participating in the examination from countries or areas outside of the USA, Japan, Europe, Canada, South Africa, Australia, New Zeeland, Singapore or Hong Kong must have their educational records approved by the Ministry of Education before they may participate in the examination.
Article 4-2
The professional situation for anyone qualified for multiple medical professions such as physician, doctor of Chinese medicine or dentist shall be determined by the competent central authority.
Article 5
Anyone meeting any of the following conditions may not work as a physician. Anyone who has worked as a physician and has had the Physician Certificate revoked or cancelled
1. for having been confirmed through sentencing to have been in violation of the Narcotics Elimination Act or the Measures For The Control Of Narcotic Drugs
2. for having been confirmed through sentencing to have committed crimes against the Law for the Control of Narcotics
3. for having had the Physician Certificate cancelled as punishment according to the law
Article 6
Anyone who passes the Physician Examination may apply for a Physician Certificate.
Article 7
When applying for a Physician Certificate, application and proof of qualification shall be prepared and submitted to the competent central authority for approval and issue.
Physicians may apply for a Diplomate Certificate upon completion of Diplomate training and examination by the competent central authority.
The competent central authority may entrust the initial review for Diplomate examination mentioned in the previous item to the association for the related medical specialization. Anyone holding a Physician Certificate and who has completed related Diplomate training may participate in the relevant Diplomate examination. Diplomate branches and examination methods shall be determined by the competent central authority.
Article 7-1
Physicians may apply for a Diplomate Certificate upon completion of Diplomate training and approval by the competent central authority.
The competent central authority may entrust the initial review for Diplomate examination mentioned in the previous item to the association for the related medical specialization.
Anyone holding a Physician Certificate and who has completed related Diplomate training may participate in the relevant Diplomate examination.
Diplomate branches and examination methods shall be determined by the competent central authority.
Article 7-2
No one not holding a Physician Certificate may be designated the title of Physician.
No one not holding a Diplomate Certificate may be designated the title of Diplomate.
Article 7-3
The term "competent authorities" as used in this Act means, at central government level, the Ministry of Health and Welfare; at the special municipality level, the city government; at county (city) level, the county (city) government.
Chapter 2 Practice
Article 8
Physicians may only set up practice after having applied to have the practice registered by the competent authority in the special municipality or county (city) at the place of practice and obtaining the practice license.
Practicing physicians shall receive continuing education and submit documentary proof of completed continued education every six years to renew their practice license.
Regulations regarding qualifications, conditions, and documentation to be enclosed to pracrtice license application, issue, change and reissue of practice license as mentioned in the first item, practice license renewal as mentioned in the previous item, and other items to be adhered to shall be formulated by the competent central authority.
Regulations regarding contents, credits, implementation, documentary proof of completed continued education and other items to be adhered to shall be formulated by the competent central authority in consultation with the relevant medical associations.
Article 8-1
In any of the following circumstances, the practice license shall not be issued; any license already issued shall be revoked or cancelled:
1. A physician certificate has been revoked or cancelled.
2. A physician practice license was cancelled within one year.
3. The physician has been determined by a team of specialist physicians and scholars/experts invited by the municipal or county (city) competent authority to be unable to practice due to objective facts.
After the cause listed in subparagraph 3 of the preceding paragraph is eliminated, the physician may still apply for practice license in accordance with this Act.
Article 8-2
Physicians shall practice in a medical organization approved by and registered with the local competent authority.This restriction does not include consultation, support and response to requests to see patients between emergency and medical organizations, or previously approved physicians.
Article 9
Practicing physicians shall join the local medical association.
Medical Associations may not refuse anyone with sufficient qualifications to join the association.
Article 10
Physicians discontinuing or suspending operations shall submit a report to the authority issuing the practice license for its reference within 30 days of the day of discontinuing or suspending operations.
The regulations concerning practice shall apply to physicians changing practice location or reestablishing operations.
When a physician dies, his or her practice license shall be cancelled by the issuing institution.
Chapter 3 Obligations
Article 11
A physician may not treat, issue prescription or certificate of diagnosis to patient not diagnosed by the physician himself or herself.In mountain areas, on outlying islands, in remote areas, or under special or urgent circumstances, however, and in response to medical needs, physician appointed by the competent authoritiy in a special municipality or county (city) may use telecommunications methods to inquire about illness, set diagnosis and issue prescriptions, and treatment may be dispensed by nursing or obstetrics personnel belonging to health organizations.
The telecommunications diagnosis and treatment formulated in the proviso in the previous item, the related treatment items, appointment of physician and telecommunications methods shall be defined by the competent central authority.
Article 11-1
A physician may not issue a death certificate or a stillbirth certificate if the autopsy has not been performed by the physician.
Article 12
Practicing physicians shall keep signed or sealed medical records stating year, month and date.
In addition to the cover of the medical record mentioned in the previous item clearly stating patient name, date of birth, sex and address, it shall also include at least the following items:
1. date of diagnosis
2. main treatment
3. checked items and results
4. diagnosis or name of disease
5. treatment or medication progress
6. other items that should be noted
Medical records shall in accordance with the law be kept by the medical organization where the physician practices.
Article 12-1
When diagnosing and treating patients, a physician shall inform the patient or the patients family of the status of the disease, treatment principles, treatment, medication, prognosis and possible unfavorable reactions.
Article 13
When issuing prescriptions, physicians shall clearly state the following on the signed or sealed prescription slip:
1. physicians full name
2. patient name, age, name of medication, dosage, amount, use and year, month and date prescription was issued
Article 14
With respect to a medication that a physician delivers to a patient whom he/she diagnoses and treats, the physician shall specify on the container or package of the medicament the name and sex of the patient; name, quantity, effects, or indications of the medication; dosage; instruction; cautions or side effects; name and place of the medical institution; name of the drug dispenser; and year, month, and date of the dispensation.
Article 15
Discovery of infectious disease or suspected infectious disease when diagnosing and treating patients, or when performing autopsies, shall be handled according to the regulations in the Infectious Disease Prevention Act.
Article 16
If performance of autopsy leads to discovery of or suspicion that death was due to unnatural causes, the investigative agencies shall be informed and requested to PERFORM A DETAILED EXAMINATION in accordance with the law.
Article 17
Unless there is a legal basis for doing so, a physician may not deny to issue a certificate of diagnosis, birth certificate, death certificate or stillbirth certificate.
Article 18
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Article 19
A physician may not use controlled or toxic drugs for reasons other than legitimate treatment.
Article 20
Payment for treatment by physician shall be collected by the medical organization in accordance with the Medical Treatment Act.
Article 21
A physician may not without reason delay treatment according to his professional abilities of a critically ill patient, nor may he without reason delay the adoption of necessary measures.
Article 22
When receiving an inquiry or being asked for an appraisal by the concerned authorities, a physician may not submit a false explanation or report.
Article 23
In addition to the regulations in the previous article, a physician may not without reason reveal information about a patients condition or health information that he or she is aware of or in possession of as a result of his or her practice.
Article 24
A physician is obliged to follow the directions of the competent authorities in cases of natural disaster, political or military coups and items related to legally defined prevention of infectious disease.
Chapter 4 Rewards and punishment
Article 24-1
Physicians offering major contributions to medical research and medical treatment shall be rewarded by the competent authorities. Reward regulations shall be formulated by the competent central health authority.
Article 25
A physician guilty of any of the following conditions shall be disciplined by the Medical Association or the competent authority.
1. major or repeated professional mistakes
2. taking advantage of professional opportunity to commit a criminal act, confirmed by a conviction
3. excessive use of medication or treatment not due to treatment needs
4. violating medical ethics in his or her professional practice
5. any inappropriate professional behavior apart from the previous four clauses and each clause in Article 28-4
Article 25-1
Disciplinary measures for physicians are as follows:
1. warning
2. ordered to receive a specified amount of further continued training or further clinical education
3. limitations to scope of professional practice or professional suspension for a period no shorter than one month and no longer than one year
4. cancellation of professional license
5. cancellation of physician license
Disciplinary measures in the previous item that do not conflict may be combined into one disciplinary measure.
Article 25-2
Disciplinary measures against a physician shall be handled by the Committee on the Discipline of Physicians.
The Committee on the Discipline of Physicians shall notify a physician subjected to disciplinary measures about the disciplinary measure, and request that he or she submit a reply, or appear in person before the committee to deliver a presentation, within 20 days from the day following the day of receipt of the notification. If a physician does not submit a reply or appear in person before the committee to deliver a presentation within the specified period of time, the Committee on the Discipline of Physicians may make a resolution.
Anyone subjected to a disciplinary measure and not accepting the resolution of the Committee on the Discipline of Physicians may request a review by the Physicians Disciplinary Review Committee within 20 days from the day following the day of receipt of the resolution.
The resolution on disciplinary measures by the Committee on the Discipline of Physicians and the Physicians Disciplinary Review Committee shall be submitted to the competent authority for implementation.
The Committee on the Discipline of Physicians and the Physicians Disciplinary Review Committee shall be made up by medical and legal experts and scholars and members of civil society not holding elected office. The proportion of legal experts and scholars and members of civil society may not be less than one third.
The Committee on the Discipline of Physicians shall be established by the competent central authority or the competent special municipality or county (city) authority. The Physicians Disciplinary Review Committee shall be established by the competent central authority. Regulations for procedures for handling the establishment, organization, meetings, disciplinary measures or reviews and other items that shall be abided by will be formulated by the competent central authority.
Article 26
(delete)
Article 27
Anyone in violation of Article 8, Items 1 and 2, Articles 8-2 and 9, or Article 10, Item 1 or Item 2, will be fined an amount of no less than NT$20,000 and no more than NT$100,000, and ordered to improve within a specified time. The same penalty will be repeated for anyone not improving within the specified period of time.
Article 28
Anyone practicing as physician without having obtained a physician license shall be sentenced to prison for a period not shorter than six months and not longer than five years.A fine of not less than NT$300,000 and not more than NT$1,500,000 may also be levied. Anyone meeting the following conditions, however, shall not be punished:
1. students or graduates of medical colleges or universities serving an internship in a medical organization approved by the competent central authority under the supervision of a physician
2. nursing, obstetrics or other medical personnel in a medical organization under the supervision of a physician
3. meeting the conditions of the proviso in Article 11, Item 1
4. giving emergency assistance
Article 28-1
(delete)
Article 28-2
Anyone in violation of Article 7, Item 2, shall be fined an amount not less than NT$30,000 and not more than NT$50,000.
Article 28-3
(delete)
Article 28-4
Physician meeting any of the following conditions shall be fined an amount of not less than NT$100,000 and not more than NT$500,000.The professional scope of the physicians practice may also be limited and the practice suspended for a period of not less than one month and not more than one year, or the practice license may be cancelled. In serious cases, the physicians physician certificate may also be cancelled:
1. administering treatment that by the competent central authority has been defined as prohibited treatment
2. using drugs the use of which have been banned by the competent central authority
3. hiring or maintaining staff that are in violation of Article 28 to administer medical services
4. renting or lending a physician or Diplomate certificate for the use of others
5. providing false diagnosis certificates, birth certificates, death certificates or stillbirth certificates
Article 29
Anyone in violation of Articles 11 to 14, 15, 17, or 19 to 24 shall be fined an amount of not less than NT$20,000 and not more than NT$100,000.However, physicians using controlled drugs in violation of Article 19 shall be penalized in accordance with the Statute for the Control of Controlled Drugs.
Article 29-1
Physicians continuing their practice after having been order to suspend it shall have their practice license cancelled. Physicians continuing their practice after having had their practice license cancelled, shall have their physician license cancelled.
Article 29-2
Fines, limitations to scope of practice, suspension and cancellation of practice license shall be determined by competent authority in the special municipality or county (city).Cancellation of physician license shall be determined by the competent central authority.
Article 30
Penalties levied based on This Law that remain unpaid at the end of the stipulated payment period will, in accordance with the law, be submitted to a court of law for enforcement.
Chapter 5 Associations
Article 31
Medical Association shall be divided into special municipality and county (city) associations. A national medical association may also be established at the site of the central government.
Article 32
The area covered by a Medical Association shall follow current administrative divisions. One area may only contain one association of any given status. However, this rule does not apply to those established prior to the adjustments and changes of the administrative divisions.
Physicians, doctors of Chinese medicine and dentists shall organize their respective associations.
Article 33
Special municipality and county (city) medical associations shall be organized by more than 21 physicians practicing within the administrative region. In areas with less than 21 practicing physicians, physicians may join the association a neighboring area or organize a joint association with physicians in a neighboring area.
Article 34
(delete)
Article 35
The National Medical Association shall be organized by at least one third of all special municipality and county (city) medical associations.
Article 36
Medical Associations at each level shall be managed by the authority managing civil organizations. The associations objectives shall be guided and supervised by the competent authority.
Article 37
Each Medical Association shall have directors and supervisors elected at a general members (representative) meeting, and shall establish a board of directors and a board of supervisors, the size of which shall be as follows:
1. the number of directors in a county (city) medical association may not exceed 21 persons.
2. the number of directors in a special municipality medical association may not exceed 27 persons.
3. the number of directors in the National Medical Association may not exceed 45 persons. Each county(city),special municipality medical association shall have at least one director.
4. the number of directors in medical associations at each level may not exceed one half of the total number of members (representatives) .
5. the number of supervisors in Medical Associations at each level may not exceed one third of the number of directors in each medical association Medical Associations at each level may appoint deputy directors and deputy supervisors.
Their numbers may not exceed one third of the number of directors and supervisors in each Medical Association.
Boards with more than three directors or supervisors may elect executive directors and supervisors. Their numbers may not exceed one third of the number of directors or supervisors, and the directors shall choose on Chairman of the Board from among the executive directors. Medical Associations not appointing executive directors shall choose the chairman of the board from among the directors. Medical Associations with more than three executive supervisors shall choose one supervisor as convener of the supervisory board.
The term for directors and supervisors shall be three years. Not more than one half may be reelected for a consecutive term. The Chairman of the Board of Directors may only serve two consecutive terms.
Article 37-1
A Medical Association shall hold an annual general members (representatives) meeting. If necessary, it may call extraordinary general meetings.
Medical Associations with more than 300 members may according to the regulations in the articles of association define areas according to membership distribution. Representatives shall be chosen in proportion to the number of members, and convene a general members representative meeting to implement the authority of the general members meeting.
Article 38
Medical Associations shall formulate articles of association, create a membership record and a brief record listing the experience of elected personnel to be submitted for registration to the local authority managing civil organizations. The same material shall be sent to the competent central and local authorities for their reference.
Article 39
The articles of association of each Medical Association shall clearly state the following items:
1. Name, area and location of association
2. Main aim, organizational mission and undertakings
3. membership entry and exit
4. membership fee and payment period
5. number of directors and supervisors, their authority, length of term, election and dismissal
6. meeting regulations for general members (representatives) meeting and board of directors and supervisors meetings
7. treaty by which members shall abide
8. regulations for the implementation of medical assistance to the poor
9. expenditures and accounting
10. amendments to the articles of association 11. other items necessary to handle the affairs of the Medical Association
Article 40
Special municipality and county (city) Medical Associations must abide by the articles of association and resolutions by medical associations at a higher level. If Medical Association at any level is in violation of law, articles of association, or articles of association or resolution by a medical association at a higher level, the authority in charge of civil organizations may issue the following penalties:
1. warning
2. revoke the resolution
3. remove its directors and supervisors
4. adjustment within a specified period of time
The penalties in clauses 1 and 2 in the previous item may also be issued by the competent authority.
Article 41
Members of a Medical Association in violation of the law or the articles of association, may be penalized by the Medical Association may according to the articles of association or resolution by the board of directors, the board of supervisors, or the members (representatives) general meeting.
Article 41-1
(delete)
Article 41-2
The National Medical Associations already registered prior to the amendment and implementation of This Law shall complete reorganization to comply with the regulations in This Law within four years of the day the amendments to This Law is implemented. The already registered Provincial Medical Association shall dissolve itself.
Chapter 6 By-laws
Article 41-3
Foreigners and Overseas Chinese may take the physician examination according to the laws of the Republic of China.
Foreigners or Overseas Chinese having passed the examination menionted in the previous item and who have obtained a physician certificate and are practicing medicine in the Republic of China shall obtain permission from the competent central authority and shall abide by the laws of the Republic of China relating to medical treatment, medical ethics standards and the Medical Associations articles of association. Regulations regarding permission and management shall be formulated by the competent central authority.
In addition to being penalized in accordance with the law, the competent central authority may cancel the permission for anyone in violation of the regulations in the previous item.
Article 41-4
When approving and issuing a certificate in accordance with This Law, the competent central, special municipality or county (city) authority may collect a certification fee or a license fee. The size of the fee shall be decided by the competent central authority.
Article 41-5
Anyone holding a Second Degree Taiwan Province Physician Certificate issued according to the Regulations for the Practice of Second Degree Taiwan Province Physicians prior to the amendment and implementation of This Law may continue his or her medical practice, and the regulations in Article 28 will not apply.
The management of "Second Degree Taiwan Province Physicians" mentioned on the previous item shall follow the regulations regarding physicians practice in This Law.
Article 42
Enforcement rules to this Law will be formulated by the central competent authority.
Article 43
This law is valid from the date of promulgation.
Web site:Laws & Regulations Database of The Republic of China