Goto Main Content
:::

Select Folders:

Article Content

Title: Medical Radiation Technologists Act CH
Amended Date: 2019-04-10
Category: Ministry of Health and Welfare(衛生福利部)
Chapter 1 General Provisions
Article 1
R.O.C. nationals who have passed the medical radiation technologist examination and obtained the Medical Radiation Technologist Certificate pursuant to this Act may be qualified as medical radiation technologists.
R.O.C. nationals who have passed the medical radiological technologist examination or review before the implementation of this Act may apply for the Medical Radiation Technologist Certificate pursuant to this Act, and be qualified as medical radiation technologists.
Article 2
R.O.C. nationals who have passed the medical radiological technician examination or review before the implementation of this Act may apply for the Medical Radiological Technician Certificate pursuant to this Act, and be qualified as medical radiological technicians.
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
Applications for issuance of the medical radiation technologist certificate or medical radiological technician certificate shall be submitted to the central competent authority with an application form and the qualification documents.
Article 5
Those who have not obtained a Medical Radiation Technologist Certificate or Medical Radiological Technician Certificate may not assume the title of a Medical Radiation Technologist or Medical Radiological Technician.
Article 6
Those who were subject to the penalty of annulment of the Medical Radiation Technologist Certificate or Medical Radiological Technician Certificate may not work as a Medical Radiation Technologist or Medical Radiological Technician.
Chapter 2 Practice
Article 7
To practice as a medical radiation technologist, one shall apply to the local municipal or county (city) competent authority for practice registration and shall obtain a practice license before commencing practice.
Medical radiation technologists shall receive certain hours of continued education every six years to be eligible for renewal of the 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.
Medical radiation technologists who have obtained a practice license pursuant to the provision in the first paragraph are not required to apply for the training certificate or relevant operation license in relation to ionizing radiation as stipulated by relevant laws and regulations.
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 medical radiation technologist certificate has been revoked or annulled.
2. A medical radiation technologist practice license was annulled within one year.
3. The medical radiation technologist has been determined by a team of specialist physicians, medical radiation technologists 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 medical radiation technologist may still apply for practice license in accordance with this Act.
Article 9
A medical radiation technologist shall practice in one location only and shall practice in a medical care institution or medical radiological institution approved by and registered with the local competent authority, or other institutions recognized by the competent authority. However, inter-institutional support or condition with prior approval is not subject to this restriction.
Article 10
In the event of suspension or termination of the medical radiation technologist practice, a report to the original license-issuing authority shall be made for reference within 30 days from the occurrence.
The duration of suspension of practice mentioned in the preceding paragraph shall be limited to one year only; termination of practice shall be processed for suspension over one year.
Provisions concerning the practice are applicable to changes of a medical radiation technologist’s practicing location or reinstatement of practice.
In case of death of a medical radiation technologist, the practice license shall be annulled by the original issuing authority.
Article 11
When they practice, medical radiation technologists or medical radiological technicians shall join the local association for medical radiation technologists or association for medical radiological technicians.
Associations for medical radiation technologists or associations for medical radiological technicians may not refuse the membership application by qualified applicants.
Article 12
Medical radiation technologies perform the following functions:
1.General radiography for diagnostic radiology.
2.Nuclear medical in-vitro examination.
3.Special radiography and imaging for diagnostic radiology.
4.Radiotherapy.
5.Imaging and in-vivo analysis and examination for nuclear medical diagnosis.
6.Nuclear medical therapy.
7.MRI and non-ionizing radiation imaging.
8.Other activities recognized by the central competent authority.
To carry out activities under subparagraph 1 or 2 of the preceding paragraph, the medical radiation technologist shall follow an examination order issued by a physician, except for self-paid examinations at medical care radiological clinics; activities under subparagraphs 3 to 8 of the preceding paragraph shall be conducted together with a physician.
Radiography and imaging referred to under each subparagraph of the first paragraph include the acquisition, processing and quality control of the image.
The provision of the second paragraph shall be put on trial for five years from the date of promulgation and implementation of this Act and shall be reviewed at the end of the trial period.
Article 13
When there is doubt in processing the examination slip issued by a physician, a medical radiation technologist shall consult and confirm with the physician who issued the examination slip before carrying out the examination. Moreover, the examination shall be conducted according to the items listed on the examination slip, with no alteration of the examination items at discretion.
The examination slip mentioned in the preceding paragraph shall be carried out in one instance; after execution of the examination, the medical radiation technologist shall sign or affix seal on the examination slip, and mark the execution time.
Article 14
When carrying out businesses, a medical radiation technologist shall make records, clearly stating the following:
1. Name, sex, date of birth and address of the patient.
2. Condition and time of radiographic examination or treatment.
3. Name of the physician and content of the examination.
Article 15
When being inquired by the health authority, judicial authority or police agency, medical radiation technologists shall not make false statement or report.
Article 16
Businesses of medical radiological technicians include:
1. General radiography for diagnostic radiology.
2. Nuclear medical in-vitro examination.
3. Special radiography and imaging for diagnostic radiology.
4. Radiotherapy.
5. Imaging and in-vivo analysis and examination for nuclear medical diagnosis.
6. Nuclear medical treatment.
For a medical radiological technician to carry out businesses as stated in Subparagraphs 1 and 2 of the preceding paragraph, an examination slip issued by a physician is required. However, this does not apply to self-paid examinations at medical care radiological clinics. Businesses stated in Subparagraphs 3 to 6 of the preceding paragraph shall be conducted together with a physician.
Radiography and imaging mentioned in all subparagraphs of Paragraph 1 shall include the acquisition, processing and quality control of the image.
The proviso stated in Paragraph 2 shall be put on trial run for five years from the date this Act is promulgated and implemented. Review shall be made at the end of the trial run.
Article 17
The provisions in this Chapter concerning the practice of medical radiation technologists are applicable to medical radiological technicians’ execution of businesses mentioned in the preceding article.
Chapter 3 Medical Care Radiological Clinics
Article 18
Application for establishment of a medical care radiological clinic shall be submitted to the local competent authority for approval and registration, after which an opening permit shall be issued before the clinic may be established.
Standards for establishment of a medical care radiological clinic shall be determined by the central competent authority upon consultation with the Atomic Energy Council, Executive Yuan and other related agencies.
Article 19
Any person with one of the following qualifications may apply for the establishment of a medical care radiological clinic:
1.Medical radiation technologist who has practiced for at least two years in medical care institutions designated by the central competent authority.
2.Medical radiation technologist or medical radiological technician who has started his/her practice or institution before 31 December 1990 and whose institution’s radiation safety has passed examination by the Atomic Energy Council, Executive Yuan and registration has been granted.
The calculation of seniority for carrying out the practice of the preceding paragraph is limited to any person who has obtained a medical radiation technologist certificate or medical radiological technician and who has the practice registered with the 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.
Article 20
The applicant who applies for the establishment of a medical care radiological clinic shall be the principal of the clinic; he/she shall bear supervisory responsibility over the clinic’s business.
Article 20-1
When a medical radiation technologist or medical radiological technician in charge of a medical care radiological clinic fails to carry out his/her responsibility for a reason, he/she shall designate a qualified acting principal. If the acting duration shall exceed one month, a report shall be made to the original license-issuing authority for reference.
The acting duration mentioned in the preceding paragraph shall not exceed one year at maximum.
Article 21
The use or change of the name of a medical care radiological clinic shall be approved by the competent authority.
A non- medical care radiological clinic shall not use the name of medical care radiological clinic or similar names.
Article 21-1
A medical care radiological clinic shall not use the following name:
1. The name of another registered medical care radiological clinic in the same municipality or county (or city).
2. A name same as or similar to the name of a medical care radiological clinic with establishment license annulled less than one year or a clinic subject to the penalty of practice suspension within the same municipality or county (or city).
3. A name that may easily mislead people into thinking the clinic is related to a government agency or charitable organization, or a name that may harm public order or good social customs.
Article 22
Suspension or termination of a medical care radiological clinic or alteration of the registration items shall be reported to the original license-issuing authority for reference within 30 days from the occurrence.
Provisions concerning the establishment of medical care radiological clinics are applicable to the moving or reinstatement of a clinic.
Article 23
A medical care radiological clinic shall display its establishment license, fee standards and certificate of its medical radiation technologist or medical radiological technician at a visible place in the clinic.
Article 24
A medical care radiological clinic shall be kept clean and tidy, orderly and peaceful, and shall not impede public health and safety.
Article 25
A medical care radiological clinic shall designate an appropriate location and person for keeping the medical radiological records and the examination slips issued by physicians for at least three years.
Article 26
The standard of fees collected by a medical care radiological clinic shall be reviewed and prescribed by the municipal or county (city) competent authority.
Article 27
A detailed fees list shall be made for the fees charged by a medical care radiological clinic, and receipts shall be issued.
Medical care radiological clinics shall not violate the fee standards and overcharge.
Article 28
The content of a medical care radiological clinic’s advertisement is limited to the following items:
1.Name, reference number of opening permit, address and telephone number of a medical care radiological clinic and directions to the clinic.
2.Names of medical radiation technologists or medical radiological 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.
Article 29
Medical radiology advertisements shall not be placed by a non-medical care radiological clinic.
Article 30
Medical care radiological clinics shall not fetch in businesses inappropriately.
Article 31
A medical care radiological 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 32
Medical radiation technologists, medical radiological technicians or staff at medical care radiological clinics shall not disclose the personal confidential information of others that comes to their knowledge or they hold because of performing their job.
Chapter 4 Rewards and Penalties
Article 33
Regulations concerning rewards to medical radiation technologists or medical radiological technicians shall be determined by the central competent authority.
Article 34
Those who execute medical radiology business without a medical radiation technologist’s or medical radiological technician’s certificate or with the medical radiation technologist’s or medical radiological technician’s certificate annulled are subject to imprisonment below three years, in addition to a fine between NT$30,000 and NT$150,000. However, this does not apply to medical radiology students who serve internship under supervision of a medical radiation technologist at a medical care institution, or graduates within six months from the date when the graduation certificate is obtained.
For convicts of the abovementioned offense that leads to death or serious injury, the punishment shall be aggravated by 50% pursuant to the Criminal Code.
Article 35
Medical radiation technologists violating Subparagraph 2 of Article 12 or medical radiological technicians violating Subparagraph 2 of Article 16 shall be subject to imprisonment below two years, in addition to a fine between NT$30,000 and NT$150,000.
For convicts of the abovementioned offense that leads to death or serious injury, the punishment shall be aggravated by 50% pursuant to the Criminal Code.
Convicts of the offenses mentioned in the preceding two paragraphs shall be subject to an additional penalty of practice suspension above one month and below one year. In serious circumstances, the practice license or medical radiation technologist’s or medical radiological technician’s certificate may be annulled.
Article 36
If a medical radiation technologist or medical radiological technician leases out his/her certificate for others’ use, the medical radiation technologist’s or medical radiological technician’s certificate shall be annulled; in case that criminal liability is involved, it shall be referred to the competent prosecution office for legal proceeding.
Article 37
In case of one of the following conditions, the medical radiation technologist or medical radiological technician shall be subject to a fine between NT$20,000 and NT$100,000; in serious circumstances, an additional penalty of practice suspension above one month and below one year or annulment of practice license shall be imposed; if criminal liability is involved, the case shall be referred to the competent prosecution office for legal proceeding:
1. Violation of Article 15.
2. Illegal or improper business behavior.
Article 38
Those violating Paragraph 1 or 2 of Article 7, Article 9, Paragraph 1 or 3 of Article 10, Paragraph 1 of Article 11, Paragraph 2 of Article 13 or Article 14 shall be subject to a fine between NT$10,000 and NT$50,000.
On top of the penalty provided in the preceding paragraph, those violating Paragraph 1 or 2 of Article 7, Paragraph 1 or 3 of Article 10 or Paragraph 1 of Article 11 will be given a deadline by which improvement shall be made; the third violation after being penalized and ordered to make improvement shall result in the penalty of practice suspension above one month and below one year.
If an association for medical radiation technologists or association for medical radiological technicians violates Paragraph 2 of Article 11, it shall be subject to the civil association competent authority’s penalty of a fine between NT$10,000 and NT$50,000.
Article 39
A medical radiation technologist or medical radiological technician who continues to practice while under the penalty of practice suspension, his/her practice license shall be annulled; and should he/she continues to practice while his/her practice license is being annulled, his/her Medical Radiation Technologist Certificate or Medical Radiological Technician Certificate may be annulled.
Article 40
In any one of the following conditions, a medical care radiological clinic shall be subject to a fine between NT$20,000 and NT$100,000; in serious cases, its establishment license may be annulled:
1. Allow a person who hasn’t obtained a medical radiation technologist or medical radiological technician certificate or whose certificate is annulled to carry out medical radiology work without permission.
2. Fail to suspend business while under the penalty of practice suspension.
Article 41
Those violating Paragraph 1 of Article 20-1, Paragraph 1 of Article 21, Paragraph 1 or 2 of Article 22, Articles 23 to 25, Paragraph 1 of Article 27, Article 31 or those failing to fulfill the standard set down in Paragraph 2 of Article 18 shall be subject to a fine between NT$10,000 and NT$50,000.
On top of the penalty provided in the preceding paragraph, those violating Paragraph 1 of Article 20-1, Paragraph 1 of Article 21, Paragraph 1 or 2 of Article 22, Article 23, Article 24 or those failing to fulfill the standard set down in Paragraph 2 of Article 18 will be given a deadline by which improvement shall be made; failing to make improvement by the deadline shall result in the penalty of practice suspension above one month and below one year.
Article 42
Those violating Article 5, Paragraph 1 of Article 18, Paragraph 2 of Article 21, Paragraph 3 of Article 22, Paragraph 2 of Article 27, Articles 28 to 30 or Article 32 shall be subject to a fine between NT$20,000 and NT$100,000.
On top of the penalty provided in the preceding paragraph, those violating Paragraph 2 of Article 27 will be given a deadline by which the overcharged fees shall be returned to the patients concerned; failing to return the overcharged fees to the patients by the deadline shall result in the penalty of practice suspension above one month and below one year or annulment of the establishment license.
Article 43
When the principal of a medical care radiological clinic is penalized for practice suspension or annulment of practice license, practice suspension or annulment of establishment license shall also be imposed on his/her medical care radiological clinic at the same time.
When a medical care radiological clinic is penalized for practice suspension or annulment of establishment license, practice suspension or annulment of practice license shall also be imposed on its principal at the same time.
Article 44
If a medical care radiological clinic continues its practice while its establishment license is being annulled, the principal’s medical radiation technologist’s or medical radiological technician’s certificate may be annulled.
Article 45
For fines imposed on a medical care radiological clinic as provided in this Act, its principal shall be liable for the penalty.
Article 46
The administrative fine, suspension from practice, rescinding and revoking 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, revoking of a medical radiation technologist certificate or medical radiological technician certificate shall be executed by the central competent authority.
Article 47
(Deleted)
Chapter 5 Associations
Article 48
Medical radiation technologist associations shall be administered by the competent authorities of civil associations; their business activities shall be supervised and monitored by the competent authority.
Article 49
Associations for medical radiation technologists include municipal and county (or city) associations; and a National Federation of Associations for Medical Radiation Technologists may be established.
Article 50
Jurisdictions of medical radiation technologist associations shall be in accordance with the existing administrative regions. Within the same region, only one same-level association is allowed, except those already established before the change of administrative regions.
Article 51
Municipal or county (or city) associations for medical radiation technologists shall be organized at the initiation of 21 or more medical radiation technologists within the jurisdiction; in regions with less than 21 medical radiation technologists, the medical radiation technologists may join the association of a neighboring region.
Article 52
Establishment of National Federation of Associations for Medical Radiation Technologists shall be initiated by municipal and at least seven county (or city) associations for medical radiation technologists that have finished the organization procedures.
Article 53
Associations for medical radiation technologists shall have directors and supervisors, which shall be elected by the members (or member representatives) in the general members’ (or member representatives’) meeting. A Board of Directors and a Board of Supervisors shall also be instituted, with the number of Board members as follows:
1. Directors of municipal or county (or city) associations for medical radiation technologists shall not exceed 27.
2. Directors of National Federation of Associations for Medical Radiation Technologists shall not exceed 35.
3. Number of directors of associations for medical radiation technologists at all levels shall not exceed one half of the total members (or member representatives).
4. Number of supervisors of associations for medical radiation technologists at all levels shall not exceed one third of the number of the associations’ directors.
Associations for medical radiation technologists at all levels may have alternate directors and alternate supervisors, of which the number shall not exceed one third of the number of the respective association’s directors and supervisors.
When the numbers of directors and supervisors are above three, executive directors and executive supervisors may be mutually elected, respectively. The numbers of executive directors and executive supervisors shall not exceed one third of the total directors or supervisors, and one of the executive directors shall be elected as the chairman by the directors. If there is no executive director, a chairman shall be chosen by mutual election from among the directors. When there are more than three executive supervisors, one of them shall be chosen as the convener of the Board of Supervisors by mutual election.
Article 53-1
Directors and supervisors of the National Federation of Associations for Medical Radiation Technologists are not limited to the member representatives designated by the municipal or county (or city) associations for medical radiation technologists.
Member representatives designated by municipal or county (or city) associations for medical radiation technologists to join the National Federation of Associations for Medical Radiation Technologists are not limited to their directors or supervisors.
Article 54
Directors and supervisors shall serve a three-year term, and re-elected and re-appointed directors and supervisors shall not exceed one half of the total. Only one re-appointment of the chairman is allowed.
Article 55
Associations for medical radiation technologists shall convene a general members’ (or member representatives’) meeting once per year, and interim meetings may be convened when necessary.
When the number of members of an association for medical radiation technologists exceeds 300, members may be sub-divided on regional basis in accordance with the Articles of Association and depending on the distribution of members. Representatives may be elected according to the percentage of members for convening member representatives’ meeting, and for exercising the power of the general members’ meeting.
Article 56
A medical radiation technologist 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 57
Articles of Association for all levels of associations for medical radiation technologists shall explicitly state the following:
1. Name, region and association location.
2. Vision, organization and mission.
3. Admission and dismissal of members.
4. Membership fees payable by members and the due date.
5. Generation of member representatives and the tenure of service.
6. Numbers of directors and supervisors, and their power, tenure as well as their election, appointment and dismissal.
7. Regulations concerning the members’ (or member representatives’) meeting, as well as Board of Directors meeting and Board of Supervisors meeting.
8. The covenant that members should observe.
9. Budget and accounting.
10. Amendment of the Articles of Association.
11. Other necessary matters that should be explicitly stated pursuant to the laws and regulations or that are required for handling the association’s affairs.
Article 57-1
For violations of the laws and orders or the articles of association of a medical radiation technologist 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 57-2
Municipal or county (or city) associations for medical radiation technologists are obliged to observe the Articles of Association and resolutions of the National Federation of Associations for Medical Radiation Technologists.
Article 58
If a member of an association for medical radiation technologists violates the laws and regulations or the Articles of Association, the association may impose penalties pursuant to the Articles of Association, or the resolution of the Board of Directors, Board of Supervisors or the general members’ (or member representatives’) meeting.
Article 59
Provisions concerning the associations for medical radiation technologists in this Chapter are applicable to the organization of associations for medical radiological technicians.
Chapter 6 Supplementary Provisions
Article 60
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 60-1
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 61
Enforcement rules of this Act shall be determined by the central competent authority.
Article 62
This Act shall come into force on the date of promulgation.