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

Print Time:2024/11/22 06:30
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Chapter Law Content

Title: Pharmacists Act CH
Category: Ministry of Health and Welfare(衛生福利部)
Chapter Four – Penal Provisions
Article 21
Pharmacists with one of the following matters shall be submitted to disciplines by pharmacists’ association or competent authority:
1. pharmacists not personally practicing and leasing or lending the practice license to others for use;
2. grave or repeated negligence in practice;
3. sale of counterfeit or prohibited drugs knowingly;
4. criminal conduct in the name of practice, convicted by court;
5. acting as a product spokesman using the professional identity in pharmaceuticals to endorse or imply exaggerative and untruthful effects so that the consumers would likely be misled by the commercials to purchase;
6. violating pharmaceutical ethics;
7. other unlawful conducts in addition to the six preceding Subparagraphs.
Article 21-1
Disciplines imposed on pharmacists are as follows:
1. demerit of warning;
2. additional continuing education or clinical studies of certain number of hours by disposition;
3. restrict scope of practice or practice suspension for one month up to one year;
4. annulment of practice license;
5. annulment of pharmacist certificate.
The disciplines in the preceding Subparagraphs, if not incompatible by nature, may be jointly rendered.
Article 21-2
Incidents concerning pharmacists submitted to disciplines shall be handled by the Pharmacists’ Disciplinary Committee.
The Pharmacists’ Disciplinary Committee shall notify the pharmacists to be disciplined about the disciplinary submission and order the said pharmacists to provide statement of defense within 20 days starting from the following day of service of notification or present themselves before the said Committee on an appointed date for personal statement; failing to provide statement of defense or to present for personal statement in due time, the Pharmacists’ Disciplinary Committee may directly render a resolution.
For any objections to the resolution rendered by the Pharmacists’ Disciplinary Committee, the disciplined may plead for a review to the Pharmacists’ Disciplinary Review Committee within 20 days starting from the following day of service of the resolution.
The disciplinary resolutions rendered by the Pharmacists’ Disciplinary Committee and the Pharmacists’ Disciplinary Review Committee shall be executed by the competent authority in the jurisdiction.
Members of the Pharmacists’ Disciplinary Committee and the Pharmacists’ Disciplinary Review Committee shall be partly selected and invited from pharmaceutical and legal experts and scholars, and other public citizens, who are not representatives of the people; the ratio of the pharmaceutical and legal experts and scholars, and other public citizens shall not occupy less than one third of the total members.
The Pharmacists’ Disciplinary Committee shall be established by the central, municipality, or county (city) competent authorities, and the Pharmacists’ Disciplinary Review Committee shall be established by the central competent authority; regulations governing the establishment, organization, meetings, disciplines, review procedures, and other matters to be complied with shall be decided by the central competent authority.
Article 22
Violations of Paragraph 1 and Paragraph 2 of Article 7, Paragraph 1 of Article 9, Paragraph 1 of Article 10, and Article 12 through Article14, or Article 16 through Article19, shall be fined NT$ 2,000 up to NT$ 10,000.
Violations of Article 12 through Article 14, in addition to the punishment of the preceding Paragraph, in the case of recommitment or grave conditions, the practice license may be annulled; when necessary, the central competent authority may annul the pharmacist certificate.
Pharmacists’ associations in violation of regulations of Paragraph 2 of Article 9 shall be fined NT$ 10,000 up to NT$ 50,000 by the competent authority of civil associations.
Article 23
Violations of regulations of Paragraph 2 of Article 5, Article 11, and Article 20 shall be fined NT$ 30,000 up to NT$ 150,000.
Article 24
Persons not qualified as pharmacists practicing pharmacy as per regulations of Paragraph 1 of Article 15 shall be fined NT$ 60,000 up to NT$ 300,000.
Article 25
The demerit of warning, fine, practice suspension, revocation or annulment of practice license mentioned in this Act, unless otherwise provided by this Act, shall be executed by the municipality and county (city) authorities; revocation or annulment of pharmacist certificate shall be executed by the central competent authority.
Article 26
(Deleted)
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