Print Time:2019/11/13 22:26
:::

Select Folders:

Article Content

Title: Speech Therapists Act CH
Amended Date: 2018-12-19
Category: Ministry of Health and Welfare(衛生福利部)
Chapter One – General Provisions
Article 1
Citizens of the Republic of China may practice as a speech therapist after passing the speech therapist qualification examination and obtaining a speech therapist certificate according to this Act.
Article 2
Persons majored in speech and language therapy at the speech therapy or speech therapy related department, division or graduate institute of a public or registered private university, independent institution, or a foreign university or independent institution accredited by the Ministry of Education who have completed at least six months (6) or at least three hundred and seventy five hours (375) of practical training, passed the training, and received a diploma are eligible to take qualification examination for speech therapist.
Article 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.
Article 4
For the application of speech therapist certificate, the applicant shall submit an application form together with qualification documents to the central competent authority for approval and issuance.
Article 5
Persons without a speech therapist certificate shall not use the designation speech therapist.
Article 6
Persons whose speech therapist certificate is annulled pursuant to this Act shall not practice as a speech therapist.
Chapter Two - Practice
Article 7
Speech therapists shall first apply to the municipality or county (city) authority at the intended place of practice for practice registration and obtain a practice license before starting the practice.
Practicing speech therapists shall receive continuing education, and complete certain hours of continuing education courses every six years for license renewal.
Regulations governing the qualifications, criteria, and required documentation for the application of practice registration as well as issuance, change and re-issuance of practice license mentioned in Paragraph 1 hereof, and the curricula, scores, implementation methods, determination of completion of continuing education courses, renewal of license mentioned in the preceding paragraph and other matters to be complied with shall be set forth by the central competent authority.
Article 8
In any of the following circumstances, the practice license shall not be issued; any license already issued shall be revoked or annulled:
1. A speech therapist certificate has been revoked or annulled.
2. A speech therapist practice license was annulled within one year.
3. The speech therapist has been determined by a team of specialist physicians, speech therapists 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 speech therapist may still apply for practice license in accordance with this Act.
Article 9
Speech therapists shall practice at one place only, which must be a registered medical institution or speech therapy clinic approved by the municipality or county (city) authority or other institution approved and publicly announced by the central competent authority. The preceding provision does not apply to situations where a speech therapist carries out inter-institution support or has obtained advance approval from the competent authority.
Article 10
In case of suspension or cessation of practice, a speech therapist shall report to the original competent authority that issued the practice license for reference within thirty (30) days after the occurrence of fact.
The suspension of practice mentioned in the preceding paragraph shall be limited to one year. A speech therapist shall report cessation of practice if he or she has suspended practice for more than one year.
The provisions for the practice of speech therapist shall apply mutatis mutandis to speech therapists who change place of practice or resume practice.
Upon death of a speech therapist, the original competent authority that issued the practice license shall annul the license of the deceased speech therapist.
Article 11
Practicing speech therapists shall join the local speech therapists association.
A speech therapists association may not reject applicants who are eligible for membership.
Article 12
A speech therapist may conduct the following businesses:
1. Assessment and treatment of articulation, fluency, voice and resonance disorders.
2. Assessment and treatment of language comprehension and expression disorders.
3. Assessment and treatment of swallowing disorder.
4. Evaluation and training for the use of augmentative and alternative communication system.
5. Assessment and treatment of delayed language development.
6. Operation of instruments with language, speech or swallowing function.
7. Other speech therapy businesses as approved by the central competent authority.
Speech therapists shall conduct the businesses mentioned in the preceding paragraph under the consultation or order of a doctor after the doctor has made diagnosis.
Article 13
When conducting business, speech therapists shall prepare their own record, sign or affix seal thereon and note the date (year, month and day) and the following particulars:
1. Content of doctor’s consultation, order or referral.
2. Course of services rendered.
3. Other required matters.
The record mentioned in the preceding paragraph shall be kept on file together with the patient’s name, sex, date of birth, National ID Card No. and address.
Article 14
Speech therapists shall not make false statements or reports when inquired or entrusted to perform assessment by agencies concerned.
Article 15
Speech therapists and personnel at the institutions where the speech therapists practice shall not disclose without justification confidential information of patients they learn or hold through business.
Chapter Three – Business Operation
Article 16
To open a speech therapy clinic, the applicant shall apply to the municipality or county (city) authority at the place of business for registration and issuance of a business license.
A for-profit legal entity may not apply for the establishment of speech therapy clinic.
The application requirements and procedure and establishment criteria for speech therapy clinic shall be set forth by the central competent authority.
Article 17
A speech therapy clinic shall be staffed with a responsible speech therapist to oversee the business of the clinic.
The responsible speech therapist must have practiced at an institution designated by the central competent authority for at least two years.
The years of practice mentioned in the preceding paragraph are recognized only if the responsible speech therapist has a speech therapist certificate and has registered his or her practice with the municipality or county (city) authority according to law. Notwithstanding the foregoing, the actual years of service rendered by a practicing speech therapist before this Act is promulgated are also recognized.
Article 18
Where the responsible speech therapist is unable to conduct business, the speech therapy clinic may appoint a substitute who meets the qualification requirement provided in Paragraph 2 of the foregoing article. Where the period of substitution exceeds forty-five (45) days, the substituted therapist shall report to the original competent authority that issued the business license for reference.
The period of substitution mentioned in the preceding paragraph shall not be longer than one year.
Article 19
The name and name change of a speech therapy clinic shall be subject to the approval of the municipality or county (city) authority at where the clinic is established. However the principles for use and change of name shall be set forth by the central competent authority.
A non-speech therapy clinic shall not use the name “speech therapy clinic” or a name with similar connotation.
Article 20
In case of suspension or closing of business, a speech therapy clinic shall report to the original competent authority that issued the business license for reference within thirty (30) days after the occurrence of fact.
The suspension of business mentioned in the preceding paragraph shall be limited to one year. A speech therapy clinic shall report closing of practice if it has suspended business for more than one year.
In case of change of registration information, a speech therapy clinic shall report to the original competent authority that issued the business license for approval within thirty (30) days after the occurrence of fact.
The provisions for the establishment of speech therapy clinic shall apply mutatis mutandis to clinics that move their business premises or resume business operation.
Article 21
Speech therapy clinics shall post their business license and fee schedule at a conspicuous place.
Article 22
Speech therapy clinics shall keep their business records and consultation or order sheets issued by the doctors for at least seven (7) years. Where the patient is a minor, related records shall be kept for at least seven (7) years after the patient has reached adulthood.
Article 23
The fee schedules of speech therapy clinics are subject to the approval of the municipality or county (city) authority.
Speech therapy clinics shall issue receipts that indicate the charge items and amounts charged.
Speech therapy clinics shall not overcharge or determine charge items at their own discretion in violation of the fee schedule.
Article 24
The advertising of speech therapy clinics shall contain only the following information:
1. The speech therapy clinic’s name, business license number, address, telephone and transportation information.
2. Name(s) of speech therapist(s) and their license number(s).
3. Business items.
4. Other items that may be posted or publicized as announced by the central competent authority.
Non-speech therapy clinics shall not advertise the business of speech therapy.
Article 25
Speech therapy clinics shall not solicit business by illicit means.
Speech therapists and personnel at the institutions where the speech therapists practice shall not take advantage of opportunities presented by their business to reap illicit gains.
Article 26
A speech therapy clinic shall prepare and provide reports as required by law or as notified by the competent authorities, and receive the inspection and data inquiry by the competent authorities on their personnel, facilities, sanitation, safety, charges and operation.
Article 27
The provisions in this Chapter shall apply mutatis mutandis to institutions with a speech therapy unit or department and recognized by the central competent authority according to Article 9 herein.
Chapter Four – Penal Provisions
Article 28
A speech therapist who lends or leases his or her license or certificate to others shall have speech therapist certificate annulled and the case shall be forwarded to the prosecutor’s office according to law if the act involves criminal responsibility.
Article 29
A speech therapy clinic that hires personnel without the qualification of speech therapist to practice the businesses of speech therapist shall have its business license annulled.
Article 30
Violations of Article 5, Article 15, Paragraph 2 of Article 19 or Paragraph 2 of Article 24 shall be subject to a fine of not less than NT$30,000 and not more than NT$150,000.
Article 31
With the exceptions of the following situations, a person who practices the businesses of speech therapist without acquiring the qualification and his or her employer shall each be subject to a fine of not less than NT$30,000 and not more than NT$150,000:
1. The person is a doctor;
2. The person is a student of relevant department, division or graduate institute, or a graduate within five years from the date of receiving the degree from a department, division or graduate institute provided in Article 2 herein who is undergoing practical training at a medical institution or an institution recognized by the central competent authority under the guidance of a doctor or a speech therapist; or
3. The person is a special education teacher who engages in the businesses set forth herein for the purpose of teaching.
Article 32
Violations of Paragraph 1 of Article 16, Paragraph 4 of Article 20, Paragraph 2 or Paragraph 3 of Article 23, Paragraph 1 of Article 24 or Article 25 herein shall be subject to a fine of not less than NT$20,000 and not more than NT$100,000.
A speech therapy clinic in violation of Paragraph 2 or Paragraph 3 of Article 23 or Paragraph 1 of Article 25 herein shall be subject to penalty as provided in the preceding paragraph, and in addition, shall be ordered to take remedial action within a prescribed time period or refund the patient the overcharged fees. Violator that fails to take remedial action within the prescribed time period or refund the patient as required shall have business suspended for one month up to one year or have business license annulled.
Article 33
A speech therapist having any of the situations below shall be subject to a fine of not less than NT$20,000 and not more than NT$100,000. If the violation is of serious nature, the speech therapist shall have practice suspended for one month up to one year or have practice license annulled. Where the act of the speech therapist involves criminal responsibility, the case shall be forwarded to the prosecutor’s office according to law:
1. Violating Article 14 herein.
2. Engaging in unlawful or illicit business practice.
Article 34
A speech therapist in violation of Paragraph 1 or Paragraph 2 of Article 7, Article 9, Paragraph 1 or Paragraph 3 of Article 10, or Paragraph 1 of Article 11 shall be subject to a fine of not less than NT$10,000 and not more than NT$50,000 and be ordered to take remedial actions within a prescribed time period. Violator who fails to take remedial action within the prescribed time period shall have business suspended for one month up to one year.
A speech therapists association in violation of Paragraph 2 of Article 11 herein shall be subject to a fine of not less than NT$ 10,000 and not more than NT$ 50,000 by the competent authority of civil organizations and be ordered to take remedial actions within a prescribed time period. Violator that fails to take remedial action within the prescribed time period shall be fined consecutively on a daily basis.
Article 35
A speech therapy clinic in violation of Paragraph 1 of Article 18, Paragraph 1 of Article 19, Paragraph 1 or Paragraph 3 of Article 20, Article 21, or Article 26, or its establishment fails to comply with the requirements provided in Paragraph 3 of Article 16 herein shall be subject to a fine of not less than NT$10,000 and not more than NT$50,000, and in addition, shall be ordered to take remedial action within a prescribed time period. Violator that fails to take remedial action within the prescribed time period shall have business suspended for one month up to one year.
Article 36
A speech therapist in violation of Paragraph 2 of Article 12 or Article 13 herein or speech therapy clinics that violate Article 22 herein shall be subject to a fine of not less than NT$10,000 and not more than NT$50,000
Article 37
A speech therapist in violation of Paragraph 1 of Article 7, Article 9, Paragraph 1 or Paragraph 3 of Article 10, Article 13 or Article 15 shall be penalized according to the provisions in Article 34 or Article 30 herein, and the institution where the speech therapist practices shall be subject to the same penalties, unless the penalties are otherwise provided according to other law.
Article 38
A speech therapist who continues to practice after being ordered to suspend practice shall have his or her practice license annulled. Where the speech therapist continues to practice after having his or her practice license annulled, his or her speech therapist certificate shall be annulled.
Article 39
A speech therapy clinic that continues to conduct business after being ordered to suspend business shall have its business license annulled. Where the speech therapy clinic continues to conduct business after having its business license annulled, the responsible speech therapist shall have his or her speech therapist certificate annulled.
Article 40
Where a speech therapy clinic is ordered to suspend business or has its business license annulled, the responsible speech therapist shall simultaneously be ordered to suspend practice or have his or her practice license annulled.
Where the responsible speech therapist of a speech therapy clinic is ordered to suspend practice or has his or her practice license annulled, the speech therapy clinic shall simultaneously have business suspended or have its business license annulled.
Article 41
When a speech therapy clinic established under the application of a speech therapist is subject to fines as provided herein, the responsible speech therapist of the clinic shall be penalized.
Article 42
The disposition of fines, practice suspension, revocation or annulment of practice license mentioned herein shall be executed by the municipality and county (city) authorities; the revocation or annulment of speech therapist certificate shall be executed by the central competent authority.
Chapter Five Professional Association
Article 43
Speech therapists associations shall be administrated by the competent authorities of civil organizations. However, enterprises in the industry shall be under the guidance and supervision of the competent authority.
Article 44
Speech therapists associations shall be established at the level of municipality and county (city), and a national union of speech therapists associations may be established.
Article 45
The geographic district covered by a speech therapists association shall follow the prevailing administrative districts. Only one association of the same level may be established in the same district.
Article 46
A speech therapists association at the level of municipality or county (city) may be initiated and organized by more than nine speech therapists in the district. If a district has less than nine speech therapists, the speech therapists in such district may join the association in the adjacent district or join the speech therapists in the adjacent district in the establishment of an association.
Article 47
A national union of speech therapists associations may be initiated and organized only after more than one third of speech therapists associations at the municipality and county (city) levels have been established.
Article 48
Directors and supervisors of the speech therapists associations shall be elected by the members (member representatives) at members (member representatives) assembly. Speech therapists associations shall set up board of directors and board of supervisors respectively with the following composition:
1. A county (city) speech therapists association shall have no more than fifteen (15) directors.
2. A municipality speech therapists association shall have no more than twenty-five (25) directors.
3. A national union of speech therapists associations shall have no more than thirty-five (35) directors.
4. The number of directors of a speech therapists association at all levels shall not exceed one half of the total number of members (member representatives).
5. The number of supervisors of a speech therapists association at all levels shall not exceed one third of the total number of directors.
Speech therapists associations at all levels may appoint alternate directors and alternate supervisors; the number of alternates shall not exceed one-third of the number of directors or supervisors respectively in the association.
When a speech therapists association has three or more directors or supervisors, the directors or supervisors shall elect among themselves standing directors or standing supervisors; the number of standing directors and standing supervisors shall not exceed one-third of the number of directors and supervisors respectively. The directors shall also elect among the standing directors a chairman of the board. If the association does not have standing directors, its directors shall elect among themselves a chairman of the board. If the association has more than three standing supervisors, the standing supervisors shall elect among themselves a convener of the board of supervisors.
Article 49
The term of office for directors and supervisors shall be three years, and no more than one half of incumbent directors or supervisors may be re-elected each time. The chairman of the board may be re-elected once only.
Article 50
The elected directors and supervisors of the national union of speech therapists associations are not limited to member representatives designated by the municipality or county (city) speech therapists associations.
The member representatives designated by the municipality or county (city) speech therapists associations to attend the national union of speech therapists associations are not limited to directors and supervisors of the association.
Article 51
A speech therapists association shall convene members (member representatives) assembly once a year. Provisional meetings may be held whenever necessary.
Where a speech therapists association has more than three hundred (300) members, the whole administrative district may be delimited into zones by the distribution of members in compliance with the association charter, and member representatives may be elected from each zone in proportion to the number of members in the zone to convene the assembly of member representatives in lieu of members assembly.
Article 52
A speech therapists association shall draw up an association charter and produce the list of members as well as the list and curriculum vitae of staff, and submit the same to the local competent authority of civil organizations for registration. Copies of the association charter and the aforementioned lists shall be submitted to the central and local competent authorities for reference.
Article 53
The association charter of speech therapists associations at all levels shall contain the following particulars:
1. Name, district, and address of the association;
2. Objectives, organization, and duties;
3. Membership enrollment and withdrawal;
4. Membership fees and the payment deadline;
5. Appointment of member representatives and term of office;
6. Number, power, term of office, election, and discharge of directors and supervisors;
7. Rules of conduct for members (member representatives) assembly, and meetings of board of directors and board of supervisors;
8. Code of ethics and convention to be abided by members;
9. Budgets and accounting;
10. Amendment of association charter; and
11. Other items to be included according to law or necessary for the handling of association affairs.
Article 54
Municipality and country (city) speech therapists associations are obliged to abide by the charter of and resolutions made by the national union of speech therapists associations.
Article 55
Where a speech therapists association violates any law or its charter, the competent authorities of civil organizations may render the follows dispositions:
1. Warning;
2. Revocation of resolution;
3. Discharge of director and/or supervisor; and
4. Rectification within a prescribed time limit.
The dispositions in Subparagraph 1 and Subparagraph 2 in the preceding paragraph may also be rendered by competent authorities.
Article 56
Where members of a speech therapists association violate law or association charter, the association may take action against the member according to its charter and/or the resolution made by board of directors, board of supervisors, or members (member representatives) assembly.
Chapter Six – Supplementary Provisions
Article 57
Foreigners and overseas Chinese may take the qualification examination for speech therapist according to the laws of the Republic of China.
Foreigners and overseas Chinese who have passed the qualification examination described in the preceding paragraph and obtained the speech therapist certificate shall apply for permission as required by law before starting practice. Foreign and overseas Chinese practicing speech therapists shall observe laws and regulations of the Republic of China and code of ethics for speech therapists, and the charter of speech therapists association.
Article 58
Persons with a degree from a college or higher institution who have engaged in speech therapy business for at least two years at a medical institution, social welfare agency, school, or non-profit organization or social organization, hearing or hearing-impaired foundation whose articles of donation or association specify the business of speech therapy before the promulgation of this Act and have passed the review of the central competent authority are eligible to take special qualification examination for speech therapist.
The special qualification examination mentioned in the preceding paragraph shall be held five times in five years following the promulgation of this Act.
Persons who meet the provisions in Paragraph 1 hereof are exempted from the penalties stipulated in Article 31 herein within five (5) years starting from the date of promulgation of this Act.
Persons who have passed the Civil Service Level 3 Senior Examination or Level 3 Special Examination for civil service speech therapist may apply for exemption of all exam subjects for Senior Qualification Examination for Professional and Technical Personnel in the category of Speech Therapist.
Article 59
Upon issuance of certificates or licenses in accordance with this Act, the central, municipality, or county (city) competent authorities may collect certificate or license fees; the fee standards shall be set forth by the central competent authority.
Article 60
The implementation rules of this Act shall be set forth by the central competent authority.
Article 61
This Act shall be implemented on the date of promulgation.
Web site:Laws & Regulations Database of The Republic of China