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

Print Time:2024/11/22 09:52
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Chapter Law Content

Title: Plant Doctor Act CH
Category: Ministry of Agriculture(農業部)
Chapter 4 Penalties
Article 28
A plant hospital hires or retains a person who does not hold a plant doctor certificate to perform unauthorized certificate issuance duties of a plant doctor shall be subject to a fine ranging from NT$30,000 to NT$150,000; in addition, its operation permit may be terminated.
For the following situations, a fine ranging from NT$30,000 to NT$150,000 shall be imposed on a plant hospital; if the violation is repeated within five years, a penalty of suspending operation for one month to one year may be applied in addition:
1.Hiring or retaining a plant doctor suspended from practice for a period or whose practice license terminated in accordance with the provisions of Article 29, Article 30, and paragraph 1 of Article 35 to perform certificate issuance duties of a plant doctor.
2.Apparent negligence of management, resulting in unauthorized use of practicing plant doctor’s signature or altering the signed diagnosis and treatment records, plant pest identification reports, diagnosis certificate of plant pest management suggestions or relevant plant health certification documents.
Article 29
For the following situations, a fine ranging from NT$30,000 to NT$150,000 shall be imposed on a plant doctor; if the violation repeated within five years, a penalty of suspending practice for one month to 1 year or termination of practice license may be applied in addition:
1.In violation of provisions in paragraph 1 of Article 13, making entries inconsistent with facts on diagnosis and treatment records, or issuing plant pest identification reports, diagnosis certificate of plant diseases and pests, plant pest management suggestions, or relevant plant health certification documents that are inconsistent with diagnosis and treatment records.
2.In violation of Article 15, making a false statement or report when responding to government inquiries or entrusted with legal examination.
3.In violation of Article 16, failure to follow the instruction of competent authority on plant diseases and pests management matters.
Article 30
In violation of provisions in Article 17, a plant doctor who rents out or loans his or her certificate or practice license to a third party shall be subject to a fine ranging from NT$30,000 to NT$150,000 and shall take corrective action by a deadline; those who fail to improve beyond the time limit will be successively punished; for the severe circumstances, the plant doctor certificate or practice license may be terminated.
Article 31
In violation of paragraph 1 of Article 7, any person performing unauthorized certificate issuance duties of a plant doctor without having a plant doctor certificate shall be subject to a fine ranging from NT$30,000 to NT$150,000.
Article 32
For the following situations, a fine ranging from NT$5,000 to NT$25,000 shall be imposed on a plant doctor, and shall take corrective action by a deadline; those who fail to improve beyond the time limit will be successively punished:
1.In violation of paragraph 1 of Article 9, practicing without application for registration of practice at the competent local municipal, county (city) authority of which the practicing facility is located.
2.In violation of paragraph 3 of Article 9, failure to complete continuing education, obtain credits or apply for practice license renewal within a specified deadline.
3.Failure to complete discontinuation, suspension, resumption of practice or modification of contents within the original applied practice license as per the provisions in paragraph 1 of Article 11.
4.In violation of paragraph 2 of Article 13, failure to make entries of diagnosis and treatment records in Chinese when performing duties, failure to submit the diagnosis and treatment records to the practicing facility for archiving; or in violation of the provisions about announced contents that shall be recorded, and making of diagnosis and treatment records set forth in paragraph 3 of Article 13.
Article 33
For the following situations, a person shall be subject to a fine ranging from NT$3,000 to NT$15,000 and shall take corrective action by a deadline; those who fail to improve beyond the time limit will be successively punished:
1.In violation of Article 6, being designated the title of plant doctor, nor use a name which may mislead the public into believing that is a plant doctor without holding a plant doctor certificate.
2.A plant doctor violating the provisions in paragraph 1 of Article 12, practicing without joining the local plant doctors’ association of the registered practicing sites.
3.A plant doctors’ association violating the provisions in paragraph 2 of Article 12, refusing anyone with sufficient qualifications to join the association.
4.A practicing facility violating the provisions about the announced storage method and retention period of diagnosis and treatment records set forth in paragraph 3 of Article 13.
5.In violation of the provisions in paragraph 1 of Article 18, evade, obstruct, or refuse the inspection by a competent authority.
6.In violation of the provisions in paragraph 1 of Article 19, commencing operation without holding an operation permit, or a plant hospital continues its operation after the operation permit is revoked or terminated.
7.A plant hospital not established in accordance with the standards set forth in paragraph 2 of Article 19.
8.In violation of the provisions in paragraph 1 of Article 21, an entity that is not a plant hospital using the name of a plant hospital or other names that may mislead the public into believing that it is a plant hospital, or a plant hospital violating the provisions about announced guidelines for using and changing the names set forth in paragraph 2 of Article 21.
9.A plant hospital failed to complete discontinuation, suspension, resumption of operation or modification of contents within the original registration of commencing operation as per the provisions in paragraph 1 of Article 23.
10.In violation of the provisions in paragraph 1 of Article 24, a plant hospital failed to prominently display its operation permit, hours of operations, general treatment rules, and the practice licenses and certificates of in-house plant doctors.
11.In violation of the provisions in paragraph 1 of Article 25, a non-plant hospital or non-plant doctor writes or posts plant health service advertisements.
12.In violation of the provisions in paragraph 2 of Article 25, a plant hospital or plant doctor publishes or distributes misleading or false advertisements about its practice.
13.In violation of the provisions in paragraph 2 of Article 26, a plant hospital failed to provide a list of itemized costs and receipts.
In addition to the punishments pursuant to the provisions in item (6) of the previous paragraph, for a plant hospital continuing its operation after the operation permit is revoked or terminated, the certification of its plant doctor-in-charge may also be terminated.
Article 34
In violation of the provisions in Article 14, a plant doctor failed to instruct on methods of control and isolation, or failed to notify the competent authority within 24 hours of the plant species involved, name of the pest, name and address of the owner or manager of such plants, shall be subject to a fine ranging from NT$3,000 to NT$15,000.
Article 35
The practice license of a plant doctor shall be terminated if he or she continues to practice after receiving a punitive suspension. The certificate of a plant doctor shall be terminated if he or she continues to practice despite the termination of his or her practice license.
The operation permit of a plant hospital may be terminated if remaining in operation after receiving a punitive suspension order.
Article 36
Of the administrative actions described in this Act, the punitive fine, suspension, revocation, and termination of a practice license or operation permit shall be imposed by the local competent authority. The revocation or termination of the certificate of a plant doctor shall be imposed by the central competent authority.
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