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

Print Time:2024/11/22 11:50
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Chapter Law Content

Title: Medical Radiation Technologists Act CH
Category: Ministry of Health and Welfare(衛生福利部)
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)
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