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Chapter Law Content

Title: Medical Care Act CH
Category: Ministry of Health and Welfare(衛生福利部)
Chapter I General Principles
Article 1
The Medical Care Act (hereinafter referred to as—the Act“) is enacted for the purpose of advancing the comprehensive development of the medical care industry, reasonably distributing medical care resources, improving the quality of medical care, to protect the rights of the patient, and to promote national health. Any matter not provided for in the Act shall be governed by the provisions of other relevant laws.
Article 2
The term —medical care institutions“ as used in the Act shall refer to any institution in which physicians conduct the practice of medicine.
Article 3
The term —public medical care institutions“ as used in the Act shall refer to any medical care institution established by government authority, government-owned enterprises, or public schools.
Article 4
The term —private medical care institutions“ as used in the Act shall refer to any medical care institution established by physician(s).
Article 5
The term — juridical persons in medical care“ as used in the Act shall include corporate care and medical corporations.
The term —medical care corporate“ as used in the Act shall refer to corporate in which the founder endows a certain number of assets for the purpose of conducting medical practices or running a medical care institution, which has been approved by the central competent authority and registered at court.
The term —medical care corporations“ as used in the Act shall refer to registered corporations approved by the central competent authority for the purpose of conducting medical affairs and medical care institutions.
Article 6
The term —subsidiary medical institutions of a juridical person“ as used in the Act shall refer to the following medical care institutions:
1. Subsidiary hospitals established by private medical colleges and universities for the purpose of clinical education.
2. Medical care institutions established to conduct medical practices by public-interest juridical persons in accordance with related laws.
3. Subsidiary infirmaries of businesses, schools, or institutions set up in accordance with the law for the purpose of providing medical and health care services or emergency medical care for employees or members.
Article 7
The term —teaching hospital“ as used in the Act shall refer to medical care institutions whose education, research, and training facilities have been accredited in accordance with the Act as being able to provide training for physicians and other medical personnel, and clinical internship and practical training for students of medical colleges and universities.
Article 8
The term “human trial” as used in the Act shall refer to experimental research of new medical technology, new medicament, new medical implement, or the bioavailability and bioequivalence of generic drugs conducted by medical care institutions on humans based on medical theory.
In conducting a human trial, the medical care institution shall respect the voluntary intent of the trial subjects and protect their right to health and privacy.
Article 9
The term —advertisement of medical treatment“ as used in the Act shall refer to the act of advertising medical practices by means of propagation for the purpose of soliciting patients.
Article 10
The term “medical personnel” as used in the Act shall refer to physicians, pharmacists, professional registered nurses, physical therapists, occupational therapists, medical technologists, medical radiation technologists, dietitians, registered professional midwives, clinical psychologists, counseling psychologists, respiratory therapists, speech therapists, hearing specialists, dental technicians, opticians, assistant pharmacists, registered nurses, midwives, physical therapy assistants, occupational therapy assistants, medical technicians, medical radiological technicians, assistant dental technicians, optical technicians, and other persons with professional medical certificates issued by the central competent authority.
The term “physician” as used in the Act shall refer to physicians, Chinese medicine doctors, and dentists as referred to in the Physicians Act.
Article 11
The term “competent authority” as used in the Act shall refer to the Ministry of Health and Welfare in the case of the central government, the municipal government in the case of a municipality, and the county (city) government in the case of a county (city).