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Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2024/11/22 11:04
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Chapter Law Content

Title: Plant Doctor Act CH
Category: Ministry of Agriculture(農業部)
Chapter 2 Practice
Article 7
Without holding a plant doctor certificate, one may not perform certificate issuance of plant pest identification reports, diagnosis certificates of plant diseases and pests, plant pest management suggestions and relevant plant health certification documents. However, this does not apply to government agencies issuing the aforementioned documents as per regulations.
Other than performing certificate issuance noted in the preceding paragraph, a plant doctor may conduct the following matters:
1.Diagnosis and identification of plant pests.
2.Monitoring and surveillance of specific plant pests.
3.Teaching and promoting the integrated pest management techniques, chemical agent and plant protecting materials utilization for plant pests.
4.Diagnosis and treatments of plant physiological disorders.
5.Other duties that should be carried out by a plant doctor as set forth in other regulations.
The term “certificate issuance” in the first paragraph refers to a plant doctor, pursuant to the regulations of subject matter competent authorities, performing diagnosis and identification of plant pests or recommend control and management measures, making into signed and sealed reports, diagnosis certificates, plant pest management suggestions or certification documents.
Article 8
Practice facilities for a plant doctor are as follows:
1.Plant hospitals.
2.Universities and colleges with agriculture related departments, graduate institutes, degrees or education programs.
3.Farmers’ associations or agricultural production and marketing cooperatives.
4.Agricultural research institutes.
5.Agro-pesticide manufacturers or dealers.
6.Other facilities approved by the central competent authority.
Article 9
A plant doctor shall choose one facility in which he/she proposes to practice, apply for registration of practice at the competent local municipal, county (city) authority of which the facility is located, and may practice only after obtaining a practice license.
After obtaining a license, a plant doctor may perform duties countrywide.
Practicing plant doctors shall complete continuing education and obtain credits at specific intervals to apply for renewal of practice license.
Regulations governing the practice registration (qualifications, conditions, procedures, documents to be submitted and items to register), the practice license (its issuance, replacement, reissuance and renewal) in paragraph 1, and continuing education (the specified intervals, curriculum, units of credit, administration, recognition of such education completed, obtaining of certification documents) in the previous paragraph as well as other relevant matters, are to be prescribed by the central competent authority.
Article 10
In any of the following situations, the practice license of a plant doctor shall not be issued; in case a practice license has been issued, it shall be revoked or terminated,
1.Not qualified to serve as a plant doctor as per provisions of Article 5.
2.A revoked or terminated practice license and the term of such termination has not yet been more than one year. This does not apply to terminating a plant doctor practice licenses in pursuant to Article 11.
3.It has been declared that the applicant is under guardianship or assistantship that has yet to be revoked.
4.The plant doctor who has been determined to be unable to practice based on objective facts as determined by a team of pertinent phytosanitary specialists, plant doctors and scholars/experts invited by the municipal or county (city) competent authority.
After the cause listed in subparagraph 3 or subparagraph 4 of the preceding paragraph is eliminated, the plant doctor may still apply for practice license in accordance with paragraph 1 of the preceding article.
Article 11
The following provisions shall be followed for plant doctors discontinuing or suspending practice or modification of contents within the original applied practice license (within 30 days of such facts happening), or those who resuming practice (before 30 days of resumption):
1.For suspension, apply for practice license termination at the original issuing competent authority.
2.For discontinuation or resumption, submit a report to the authority issuing the practice license for its reference.
3.To modify registered contents within a practice license, apply for approval from the authority issuing the practice license for its reference. Whereas the registered practicing facility moved to another municipal or county (city), shall follow the provisions in Article 9, paragraph 1.
A plant doctor suspending practice for more than one year shall be considered termination of practice, and the original practice license issuing authority shall terminate the practice license.
The procedure, documents to submit for the application of termination, submit for reference, application for modification of registered contents within practice license; remarks, replacement, cancellation of the practice license, as well as recognition of the suspending durations and other relevant matters, are to be prescribed by the central competent authority.
Article 12
Practicing plant doctors shall join the local plant doctors’ association of the registered practicing sites.
Plant doctors’ associations may not refuse anyone with sufficient qualifications to join the association.
Article 13
A plant doctor shall make entries for diagnosis and treatment records when performing duties, and the contents of records shall match the facts of diagnosis and treatment. The pest identification reports, diagnosis certification of plant diseases and plant pest management suggestions, or relevant plant health certification documents shall align with the diagnosis and treatment records.
The diagnosis and treatment records noted in the previous paragraph shall be written in Chinese, and maintained by the practicing facility.
The contents that shall be recorded in the diagnosis and treatment record in paragraph 1, as well as the preparation, storage method, and retention period of the diagnosis and treatment record in the preceding paragraph, shall be announced by the central competent authority.
Article 14
While performing duties, when pests that have never been recorded in the Republic of China were identified, in addition to instructing eradication and quarantine methods, a plant doctor shall notify the competent authority within 24 hours of the plant species involved, the name of the pest, and the name and address of the owner or manager of such plants.
Article 15
A plant doctor shall not make any false statement or report when responding to government inquiries or entrusted with legal examination.
Article 16
A plant doctor is obliged to follow the directions of the competent authorities for the plant disease and pest management measures.
Article 17
A plant doctor may not rent or lend the plant doctor certificate or practice license to another person.
Article 18
To investigate and prosecute actions against this Act, competent authorities may enter plant doctor practicing facilities, places where plant doctor duties are currently conducted or have been conducted within the past five years for inspection, no one may evade, obstruct, or refuse.
Personnel carrying out the aforementioned tasks noted in the previous paragraph shall present a certificate of performing duties to stakeholders or symbols sufficient to be recognized.
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