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Title: Physical Therapists Act CH
Amended Date: 2018-12-26
Category: Ministry of Health and Welfare(衛生福利部)
Chapter One General Provisions
Article 1
Any citizen of the Republic of China who passes the national examination for physical therapist and obtains the physical therapist certificate in accordance with this Act shall be allowed to serve as a physical therapist.
The examination of the preceding Paragraph can be replaced by qualification examination. Regulations governing the qualification examination shall be determined by the Examination Yuan jointly with the Executive Yuan.
Article 2
Any citizen of the Republic of China who passes the national examination for physical therapy technician and obtains the physical therapy technician certificate in accordance with this Act shall be allowed to serve as a physical therapy technician.
The examination of the preceding Paragraph can be replaced by qualification examination. Regulations governing the qualification examination shall be determined by the Examination Yuan jointly with the Executive Yuan.
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
To obtain a physical therapist or physical therapy technician certificate, the person shall submit an application form and documents attesting his/her qualifications to the central competent authority for approval and issuance.
Article 5
Any person who does not obtain a physical therapist or physical therapy technician certificate shall not use the title of a physical therapist or physical therapy technician.
Article 6
Any person whose physical therapist or physical therapy technician certificate has been annulled in accordance with this Act shall not be allowed to serve as a physical therapist or physical therapy technician.
Chapter Two Practice
Article 7
A physical therapist shall apply for the registration of his/her practice to the municipal or county (city) competent authority located in the area where he/she will practice. A physical therapist can practice only when a practice license is obtained.
A physical therapist who practices shall take continued education for certain hours every six years before he/she shall be allowed to renew his/her practice license.
Regulations governing the qualification and conditions for the application of the registration of practice under the first paragraph, the documents to be attached for such application, issuance, change, re-issuance and renewal of a practice license and the contents of the continued education courses of the preceding paragraph, credits obtained from the completion of such courses, methods of operation of these courses, recognition of the qualification received from these courses and other matters to be complied with shall be determined 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 physical therapist certificate has been revoked or annulled.
2. A physical therapist practice license was annulled within one year.
3. The physical therapist has been determined by a team of specialist physicians, physical 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 physical therapist may still apply for practice license in accordance with this Act.
Article 9
A physical therapist shall be subject to one place of practice only and he/she shall practice in a medical care institution, or physical therapy clinic approved by and registered with the local competent authority, or other institution where the competent authority recognizes that it is necessary to employ a physical therapist to practice. However, inter-institutional support or condition with prior approval is not subject to this restriction.
Article 10
A physical therapist, in the case of termination or suspension of practice, shall report to the original competent authority which issued the practice license to him/her for reference within thirty (30) days after the occurrence of the facts.
The suspension of practice mentioned in the preceding Paragraph shall be for one (1) year; if it exceeds one (1) year, the physical therapist shall handle the termination of practice.
Provisions regarding practice shall apply to a physical therapist who changes the place of practice or resumes practice.
Upon death of a physical therapist, the original competent authority which issued the practice license to such a physical therapist shall annul the therapist’s practice license.
Article 11
Prior to practice, a physical therapist or physical therapy technician shall join the local physical therapist association or physical therapy technician association.
Physical therapist associations or physical therapy technician associations may not reject applicants who are eligible for membership.
Article 12
The scope of practice for physical therapists:
1.Physical therapy assessment and evaluation.
2.Physical therapy goal setting and planning.
3.Manual therapy.
4.Therapeutic exercise.
5.Cryotherapy, heat therapy, light therapy, electrotherapy, hydrotherapy, ultrasound and other therapeutic methods using physical agents.
6.Traction therapy, vibration therapy and other mechanical therapeutics.
7.Training and guidance of using prosthesis, wheelchairs, walking aids and orthoses.
8.Other physical therapy practices recognized by the central competent authority.
A physical therapist shall perform practices with a physician’s diagnosis, referral or prescription.
Article 13
In the event that a physical therapist doubts diagnosis issued by a physician, consultations or a physician’s order, he/she shall inquire the physician for confirmation prior to perform physical therapy on patients.
Article 14
In the event that a physical therapist, in his/her practice, has a patient who is in a critical situation or who is not fit to continue to receive physical therapy, he/she shall immediately cease the patient’s therapy sessions and contact a physician, or suggest to the patient to seek for a physician’s diagnosis and treatment.
Article 15
When a physical therapist practices, he/she shall make a record or patient’s name, sex and date of birth, physician’s diagnosis, consultations or a physician’s order, and circumstances and date of performing physical therapy.
Article 16
When a physical therapist is inquired by a health, judicial or judicial police authority, he/she shall not make any false statements or reports.
Article 17
The scope of practice for physical therapy technicians:
1. Therapeutic exercise.
2. Cryotherapy, heat therapy, light therapy, electrotherapy, hydrotherapy, magnetic and other therapeutic methods using physical agents.
3. Traction therapy, vibration therapy and other mechanical therapeutics.
4. Other physical therapy practices recognized by the central competent authority.
A physical therapy technician shall perform practices with a physician’s diagnosis, referral or prescription.
Article 18
The provisions of this chapter on the practice of a physical therapist shall apply to a physical therapy technician who carries out the practices of the preceding Article.
Chapter Three Physical Therapy Clinic
Article 19
In establishing a physical therapy clinic, a physical therapist shall apply to the local municipal or county (city) competent authority for its approval of the registration of the clinic, after which an opening permit shall be issued before the clinic may be established.
The physical therapist of the preceding paragraph who applies to open a physical therapy clinic shall have at least 2 years of experience in practicing physical therapy in medical care institutions designated by the central competent authority before he/she can open the clinic.
The calculation of a physical therapist’s seniority for carrying out the practice of the preceding paragraph is limited to any person who has obtained a physical therapist certificate and handled the registration of practicing physical therapy in municipal or county (city) competent authority in accordance with the law. As for any person who has carried out the practices prior to the coming into force of this Act, however, the actual years of experience may be included.
The establishment standards of a physical therapy clinic shall be determined by the central competent authority.
Article 20
Applicant for the registration of a physical therapy clinic shall be a qualified physical therapist. He/She shall be in charge of supervising practice of physical therapy in the clinic.
Article 20-1
In the event that circumstances arise which make it impossible for the person who is in charge of the physical therapy clinic to carry out the practice in the clinic, he/she shall appoint a qualified physical therapist, who is fit to be in charge of the practices, to represent him/her. The person who acts as an agent for a period exceeding one (1) month shall report to the original competent authority which issued the opening permit to the first person in this Article for reference.
The maximum acting period of the preceding Paragraph shall not exceed one (1) year.
Article 21
The use or change of the name of a physical therapy clinic shall be approved by the competent authority.
A non-physical therapy clinic shall not use the name of physical therapy clinic or similar names.
Article 21-1
A physical therapy clinic shall not use the following titles:
1. A title which has been registered and used by another person in the same municipal or county (city) area,
2. A title or similar titles which are used by the physical therapy clinics in the same municipal or county (city) area; these clinics’ opening permits have been annulled for less than one (1) year or the clinics’ businesses have been suspended,
3. Titles which easily mislead people into believing that the physical therapy clinics to which the titles affixed are related to government organizations or charitable organization, or titles which harm public order or good social customs.
Article 22
When the physical therapy clinic is suspended, terminated or its registered item is changed, the applicant shall report within thirty (30) days after the fact occurs to the original authority which issued the opening permit to the clinic for record.
Provisions regarding opening a physical therapy clinic shall apply to relocation of a physical therapy clinic or a physical therapy clinic which resumes practice.
Article 23
A physical therapy clinic shall display its opening permit, fees and physical therapists’ or physical therapy technicians’ certificates in conspicuous places.
Article 24
A physical therapy clinic shall be kept clean and maintain public peace; it shall not obstruct public health and safety.
Article 25
A physical therapy clinic shall appoint persons to safe-keep records of physical therapy, diagnosis and written directions issued by physicians in an appropriate place for at least ten (10) years.
Article 26
The standard of fees collected by a physical therapy clinic shall be reviewed and prescribed by the municipal or county (city) competent authority.
Article 27
A physical therapy clinic shall issue an itemized account and a receipt for the fees collected.
A physical therapy clinic shall not overcharge and violate the standard of fees.
Article 28
The content of a physical therapy clinic’s advertisement is limited to the following items:
1.Name, reference number of opening permit, address and telephone number of a physical therapy clinic and directions to the clinic.
2.Names of physical therapists or physical therapy technicians and the reference numbers of their certificates.
3.Other items whose publication and dissemination are approved under the announcement of the central competent authority.
A non-physical therapy clinic shall not produce advertisements on physical therapy.
Article 29
A physical therapy clinic shall not solicit business through improper means.
Article 30
A physical therapy clinic shall submit reports in accordance with the laws and regulations or the notification of the competent authority, and shall accept the competent authority’s inspections on its staff, facilities, sanitation, safety, fees and operation and the authority’s collection of information.
Article 31
Physical therapists, physical therapy technicians or staff of a physical therapy clinic shall not disclose confidential information of others acquired during practice or held by them due to their involvement in the practice without reasons.
Chapter Four Penalty
Article 32
Any person who practices physical therapy without being qualified as a physical therapist or physical therapy technician shall be subject to punishment with imprisonment for a period up to three (3) years; they may in addition thereto, be imposed with a fine of more than NT$30,000 and less than NT$ 150,000. This Article however shall not apply to students from departments, sections or faculties related to physical therapy, who are employed as interns and practice physical therapy under the guidance of a licensed physical therapist, or graduates who, within six (6) months after obtaining graduation certificates, are employed as interns and practice physical therapy under the guidance of a licensed physical therapist.
The punishment imposed on the offender set forth in the preceding Paragraph shall be increased by up to one-half (1/2) in accordance with the Criminal Law in case that the said offence results in personal death or serious personal injury.
Article 33
A physical therapist who violates Paragraph 2, Article 12 or a physical therapy technician who violates Paragraph 2, Article 17 shall be subject to punishment with imprisonment for a period up to two (2) years and may in addition thereto, be imposed with a fine of more than NT$30,000 and less than NT$ 150,000.
The punishment imposed on the offender set forth in the preceding Paragraph shall be increased by up to one-half (1/2) in accordance with the Criminal Law in case that the said offence results in personal death or serious personal injury.
The offender set forth in the preceding two Paragraphs shall be subject to a suspension of practice for more than one (1) month and less than one (1) year. In case of serious violations, his/her practice license, physical therapist or physical therapy technician certificate shall be annulled.
Article 34
In the event that a physical therapist or physical therapy technician leases his/her license to other person for uses, his/her physical therapist or physical therapy technician certificate shall be annulled; in the event that he/she involves in criminal offenses, he/she shall be transferred to the prosecutor’s authority, which administers such an affair, for the authority’s handling in accordance with the law.
Article 35
A physical therapist or physical therapy technician who has one of the following circumstances shall be imposed with a fine of more than NT$ 20,000 and less than NT$ 100,000. In case of serious violations, he/she shall be subject to a suspension of practice for more than one (1) month and less than one (1) year, and his/her practice license shall be annulled. In addition, in the event that he/she involves in criminal offenses, he/she shall be transferred to the prosecutor’s authority which administers such an affair for the authority’s handling in accordance with the law.
1. Violation of Article 16.
2. Violating the law or committing improper acts in practice.
Article 36
Any person who violates any of Paragraphs 1 and 2 of Article 7, Article 9, Paragraphs 1 and 3 of Article 10, Paragraph 1 of Article 11, or Article 15, shall be imposed with a fine of more than NT$ 10,000 and less than NT$ 50,000.
Any person who violates any of Paragraphs 1 and 2 of Article 7, Paragraphs 1 and 3 of Article 10 or Paragraph 1 of Article 11 shall be punished in accordance with the provision of the preceding Paragraph hereof, and shall be ordered to correct within a prescribed time limit. The person who has been imposed with penalties three (3) times and has not corrected within the time limit shall be subject to a suspension of practice for more than one (1) month and less than one (1) year.
The competent authority of civil associations shall impose a fine of more than NT$ 10,000 and less than NT$ 50,000 on a physical therapist association or physical therapy technician association which violates Paragraph 2 of Article 11.
Article 37
In the event that a physical therapist or physical therapy technician whose practice of physical therapy has been suspended still performs the practice, his/her practice license shall be annulled. In case that any person whose practice license has been annulled still practices physical therapy, the person’s physical therapist or physical therapy technician certificate shall be annulled.
Article 38
A physical therapy clinic shall be imposed with a fine of more than NT$ 20,000 and less than NT$ 100,000 under any of the following circumstances. In case of serious violations, it shall be subject to an annulment of the opening permit:
1. Sheltering non-qualified physical therapists or physical therapy technicians to practice physical therapy without authorization,
2. The clinic’s practice is suspended but still continued.
Article 39
Any person who violates any of the provisions, Paragraph 1 of Article 20-1, Paragraph 1 of Article 21, Paragraph 1 of Article 22, Article 23 through Article 25, Paragraph 1 of Article 27 or Article 30, or who has not complied with the standard set forth in Paragraph 4 of Article 19 shall be imposed with a fine of more than NT$ 10,000 and less than NT$ 50,000.
Any person who violates any of the provisions, Paragraph 1 of Article 20-1, Paragraph 1 of Article 21, Paragraph 1 of Article 22, Article 23 or Article 24, or who has not complied with the standard set forth in Paragraph 4 of Article 19, shall be punished in accordance with the provision of the preceding Paragraph hereof and ordered to correct within a prescribed time limit. The said person who has not corrected within the time limit shall be subject to a suspension of practice for more than one (1) month and less than one (1) year.
Article 40
Any person who violates any of the provisions, Article 5, Paragraph 1 of Article 19, Paragraph 2 of Article 21, Paragraph 2 of Article 22, Paragraph 2 of Article 27, Article 28, Article 29 or Article 31 shall be imposed with a fine of more than NT$ 20,000 and less than NT$ 100,000.
Any person who violates Paragraph 2 of Article 27 shall be punished in accordance with the provision of the preceding Paragraph hereof and ordered to return the overcharged fees within a prescribed time limit. The said person who has not returned them within the time limit shall be subject to successive penalty imposed on the basis of the number of times that the person violates Paragraph 2 of Article 27.
Article 41
In the event that a physical therapist who is in charge of a physical therapy clinic is suspended from practicing physical therapy or his/her practice license is annulled, the practice of his/her physical therapy clinic shall be simultaneously suspended or the clinic’s opening permit shall be annulled at the same time.
In the event that the practice of a physical therapy clinic is suspended or the clinic’s opening permit is annulled, a physical therapist who is in charge of such physical therapy clinic shall be suspended from practicing physical therapy simultaneously or his/her practice license shall be annulled at the same time.
Article 42
In case that a physical therapy clinic whose opening permit has been annulled still continues to practice physical therapy, the physical therapist certificate of a physical therapist in charge of the aforesaid clinic shall be annulled.
Article 43
A physical therapist who is in charge of a physical therapy clinic which violates the provisions of this Act shall be subject to the penalties under this Act.
Article 44
The administrative fine, suspension from practice, revoking and annulling of practice license or opening permit prescribed in this Act shall be executed by municipal or county (city) competent authorities, unless this Act stipulates otherwise. In addition, annulling of a physical therapist or physical therapist technician certificate shall be executed by the central competent authority.
Article 45
(Deleted.)
Chapter Five Associations
Article 46
Physical therapist associations shall be administered by the competent authorities of civil associations; their business activities shall be supervised and monitored by the competent authority.
Article 47
There are physical therapist associations at municipal or county (city) levels; a national physical therapist association may be established.
Article 48
The district of a physical therapist association shall correspond to the existing administrative district. Only one (1) association of the same level may be established in the same district.
Article 49
A municipal or county (city) physical therapist association shall be initiated by no less than nine (9) practicing physical therapists who practice in the district where the association administers. If there are fewer than nine (9) persons in that district, they may either join the neighboring association or establish an association with others jointly.
Article 50
The establishment of a national physical therapist association can be initiated after more than one-thirds (1/3) of municipal or county (city) physical therapist associations complete their establishment.
Article 51
A physical therapist association shall appoint directors and supervisors elected by members (representatives of members) in general (representatives of members) meetings and boards of directors and supervisors shall be established. The number of the appointed directors and supervisors shall be as follows:
1. The number of the directors of a municipal or county (city) physical therapist association shall not exceed twenty-seven (27).
2. The number of the directors of a national physical therapist association shall not exceed thirty-five (35).
3. The number of the directors of a physical therapist association shall not exceed one-half (1/2) of the number of the entire members (representatives of members) of the association. This Paragraph applies to physical therapist association at each level.
4. The number of the supervisors of a physical therapist association shall not exceed one-thirds (1/3) of the number of the association’s directors. This Paragraph applies to physical therapist association at each level.
When the number of the directors or supervisors in a physical therapist association exceeds three (3) persons, standing directors and standing supervisors shall be elected among them; and the number of the alternative directors or supervisors of the association shall not exceed one-thirds (1/3) of the total number of directors or supervisors of the same association. The president of the association shall be elected by the directors from the standing directors, or from the directors when there are no standing directors. In case that there are more than three (3) standing supervisors, one (1) convener of the supervisory board shall be elected among them.
Article 52
The term of office of a director and a supervisor shall be three (3) years. No more than one-half (1/2) of directors or supervisors shall be re-elected and the president shall only be re-elected once.
Article 52-1
The candidates for the election of directors and supervisors to a higher-level physical therapist association are not limited to the representatives of members designated by lower-level physical therapist associations.
The representatives of members who are designated by physical therapist associations to participate in a higher-level physical therapist association are not limited to directors and supervisors of lower-level physical therapist associations.
Article 53
A physical therapist association shall hold a general (representatives of members) meeting once each year; it shall hold special meetings when necessary.
When the number of the members of a physical therapist association exceeds three hundreds (300), the association shall delimit regions on the basis of the distribution of the members and in accordance with the provisions of the Chapter of the association and the number of the representatives of members shall be elected based on the ratio of the members. The association shall hold general meetings and exercise the powers of general meetings.
Article 54
A physical therapist association shall formulate articles of association, prepare a list of members and curriculum vitae of its staff and submit them to the competent authority of civil associations for registration in the place where it is located and to the competent authorities at central and local levels respectively for records.
Article 55
The following items shall be included in the Chapter of the association of physical therapist association at each level:
1. Title, region and location of the association;
2. Missions, organization, tasks, or enterprises;
3. Membership participation and withdrawal;
4. Membership fees and payment periods;
5. Formulation and office term of the representatives of members;
6. Quotas, designated powers, office terms, election, and discharge of directors and supervisors;
7. Rules governing general (representatives of members) meetings, and meetings of board of directors and of board of supervisors;
8. Rules to be abided by members;
9. Budgets and accounting;
10. Amendment of the Chapter of Association; and
11. Other necessary matters of a physical therapist association to be manifested or handled according to the law
Article 55-1
For violations of the laws and orders or the articles of association of a physical therapist association, the competent authorities of civil associations may impose the following sanctions:
1.Warning.
2.Revocation of the resolution.
3.Discharge of the directors and supervisors.
4.Rectification before a deadline.
The sanctions of subparagraphs 1 and 2 of the preceding paragraph may also be imposed by the competent authority.
Article 55-2
Physical therapist associations at municipal level and county (city) level are obliged to abide by the Chapter of Association and resolutions of the national physical therapist association.
Article 56
A member of a physical therapist association who is in violation of the laws and orders, or his/her physical therapist association’s Chapter of Association shall be disposed by the association according to the association’s Chapter and resolutions rendered by the association’s board of directors, board of supervisors, or general (representatives of members) meetings.
Article 56-1
A national physical therapist association which was registered before the implementation of the provisions of this Act amended on January 9, 2007 shall finish reconstructing itself within four (4) years of the date of the implementation of this Act. Physical therapist association and physical therapy technician association at provincial level, which were registered before the implementation of the said Act, shall handle their dissolutions together.
Article 57
This chapter on physical therapist associations shall apply to the affiliates of a physical therapist association.
Chapter Six Supplementary Provisions
Article 58
Any person who has engaged in physical therapy practice in medical care institutions for three years prior to the promulgation and implementation of this Act, has graduated from a school above the junior college level and has been reviewed and approved by the central competent authority shall be eligible to sit the Special Examination for Physical Therapists.
Any person who has engaged in physical therapy practice in medical care institutions for three years prior to the promulgation and implementation of this Act, has graduated from senior high school or vocational high school and has been reviewed and approved by the central competent authority shall be eligible to sit the Special Examination for Physical Therapy Technicians.
The special examinations under the preceding two paragraphs shall be held no more than three times within five years after the promulgation and implementation of this Act.
Article 58-1
In issuing certificates or licenses in accordance with this Act, the central, municipal or county (city) competent authorities may collect certificate fees or license fees; the amount of fees shall be decided by the central competent authority.
Article 58-2
Aliens and overseas Chinese may apply for the physical therapist qualification examination in accordance with the laws and regulations of the Republic of China.
Aliens and overseas Chinese who pass the physical therapist qualification examination prescribed in the preceding paragraph and who acquire the physical therapist certificate and practice the functions of a physical therapist in the Republic of China shall have the permission of the central competent authority to practice physical therapy and shall be subject to the domestic laws and orders related to physical therapy and medical care of the Republic of China and the articles of association of the physical therapist associations. Regulations governing management and permission to practice physical therapy shall be determined by the central competent authority.
For violations of the provisions of the preceding paragraph, in addition to punishment in accordance with the law, the central competent authority may also annul the permission to practice physical therapy.
Article 59
Enforcement rules of this Act shall be determined by the central competent authority.
Article 60
This Act shall be implemented on the date of promulgation.