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Chapter Law Content

Title: Plant Doctor Act CH
Category: Ministry of Agriculture(農業部)
Chapter 3 Management of Plant Hospitals
Article 19
Plant hospitals shall apply to the local competent municipal, county (city) authority for registration and obtain an operation permit before commencing operation.
The eligibility, conditions, documents to be submitted, items to register for the registration of commencing operation in the previous paragraph, issuance, replacement, reissuance of operation permits, regulations governing other relevant matters, as well as standards for the establishment of plant hospitals, are to be prescribed by the central competent authority.
Article 20
To be accountable for the services delivered, a plant hospital shall designate one plant doctor-in-charge. A natural person who applied to establish the plant hospital is regarded as the plant doctor- in charge.
Article 21
An entity that is not a plant hospital may not use the name of a plant hospital or other names which may mislead the public into believing that it is a plant hospital.
Guidelines for using and changing the names of plant hospitals are to be announced by the central competent authority.
Article 22
In any of the following situations when applying for registration of commencing operation in accordance with Article 19, an operation permit shall not be issued, if an operation permit is already obtained, it shall be revoked or terminated:
1.The applicant or plant doctor-in-charge is prohibited from obtaining a practice license per Article 10 paragraph 1 provisions, or the practice license is revoked or terminated. Whereas in situations described in Article 10 paragraph 2, this does not apply.
2.The operation permit of a plant hospital has been revoked or terminated and the term of such termination has not yet been more than a year, and the applicant submits application with the same or similar names within the same municipal or county (city), or the same plant doctor-in-charge applies for establishing a plant hospital at the original address or other locations. Whereas the operation permit is terminated according to provisions in Article 23, this does not apply.
Article 23
The following provisions shall be followed for plant hospitals discontinuing or suspending operation or modification of contents within the original registration (within 30 days of such facts happening), or those resume operation (before 30 days of resumption):
1.For suspension, apply for operation permit termination at the original issuing competent authority.
2.For discontinuation or resumption, submit a report to the authority issuing the operation permit for its reference.
3.For modification of registered contents within registration of commencing operation, apply for approval at the authority issuing the operation permit for its reference. Whereas moving to another municipal or county (city), shall follow the provisions in Article 19 paragraph 1.
A plant hospital suspending operation for more than one year shall be considered a termination of operation; the original permit issuing authority shall terminate the operation permit.
While processing the matters per provisions of paragraph 1, the discontinuation, suspension, resumption, and modification of practice licenses of the affiliated plant doctors shall be conducted simultaneously.
The procedure, documents to submit for the application of termination, submit for reference, application for modification of registered contents within operation permit; remarks, replacement, cancellation of the operation permit, as well as recognition of the suspending durations and other relevant matters, are to be prescribed by the central competent authority.
Article 24
A plant hospital shall display prominently its operation permit, hours of operations, general treatment rules, and the practice licenses and certificates of in-house plant doctors.
In case the operation permit of a plant hospital or the certificate, the practice license of a plant doctor is defaced, lost, or missing, the relevant party shall apply to the competent authority for its replacement and re-issuance.
Article 25
A non-plant hospital or non-plant doctor shall not write or post plant health service advertisements.
A plant hospital and plant doctor shall not publish or distribute misleading or false advertisements about its practice.
Article 26
A plant hospital shall provide a list of itemized costs and receipts.
Article 27
The competent authority shall collect fees for issuing plant doctor certificates, practice licenses, and operation permits (of entities). The amount of fees shall be prescribed by the central competent authority.