Chapter 4 Penalty Provisions
Article 32
Any occupational therapist or occupational therapy assistant who leases or loans his/her certificate for the use of any other person shall have his/her occupational therapist certificate or occupational therapy assistant certificate cancelled. If criminal liability is involved, the occupational therapist or occupational therapy assistant shall be turned over to the prosecution authority with jurisdiction for legal action.
Article 33
Any occupational therapist or occupational therapy assistant committing any of the following offenses shall be subject to a fine between NT$20,000 and NT$100,000; in serious cases, suspension penalty for a period between one month and one year or cancellation of practice license may be imposed. If criminal liability is involved, the occupational therapist or occupational therapy assistant shall be turned over to the prosecution authority with jurisdiction for legal action.
1. Violation of Article 16.
2. Illegal or improper act in business.
Article 34
Violation of the first or second paragraph of Article 7, Article 9, first or third paragraph of Article 10, first paragraph of Article 11, or Article 15 shall be penalized with a fine between NT$10,000 and NT$50,000.
In case of violation of the first or second paragraph of Article 7, first or third paragraph of Article 10, or first paragraph of Article 11, an order for remedy before a deadline shall also be issued in addition to the penalty mentioned in the previous paragraph. If the non-compliance persists following 3 penalties and remedial orders, suspension penalty for a period between one month and one year shall be imposed.
When an occupational therapist’s association or an occupational therapy assistant’s association violates the second paragraph of Article 11, the competent authority in charge of civil associations shall impose a fine between NT$10,000 and NT$50,000.
Article 35
If an occupational therapist or occupational therapy assistant continues his/her practice under a suspension penalty, his/her practice license shall be cancelled. Person who continues to practice without valid license, his/her occupational therapist certificate or occupational therapy assistant certificate shall be cancelled.
Article 36
Violation of the first paragraph of Article 21, first or second paragraph of Article 22, Articles 23 to 25, first paragraph of Article 27 or Article 30 or failure to meet the standards required under the third paragraph, Article 19 shall be penalized with a fine of between NT$10,000 and NT$50,000.
In case of violation of the first paragraph of Article 21, first or second paragraph of Article 22, Article 23 or Article 24 or failure to comply with the standards required under the third paragraph of Article 19, an order for remedy before a deadline shall also be issued in addition to the penalty mentioned in the previous paragraph. If the remedy is not made before the deadline, suspension penalty for a period between one month and one year shall be imposed.
Article 37
Violation of the first paragraph of Article 19, first paragraph of Article 20-1, third paragraph of Article 22, second paragraph of Article 27, first paragraph of Article 28 or Article 29 shall be penalized with a fine between NT$20,000 and NT$100,000.
In case of violation of the second paragraph of Article 27, an order requiring refund of the excess charges to patients before a deadline shall also be issued in addition to the penalty mentioned in the previous paragraph. If the refund is not made before the deadline, suspension penalty for a period between one month and one year or cancellation of the establishment license shall be imposed.
Article 38
Violation of Article 5, second paragraph of Article 21, second paragraph of Article 28 or Article 31 shall be penalized with a fine between NT$30,000 and NT$150,000.
Article 39
When the principal therapist of an occupational therapy institution is subject to the penalty of suspension from practice or cancellation of practice license, the occupational therapy institution shall also be suspended from practice or its establishment license shall also be cancelled.
When an occupational therapy institution is subject to the penalty of suspension from practice or cancellation of establishment license, its principal therapist shall also be penalized with suspension from practice or cancellation of practice license.
Article 40
If an occupational therapy institution does not suspend practice under a suspension penalty, its establishment license shall be cancelled. If the occupational therapy institution continues operation with its establishment license cancelled, the occupational therapist certificate of its principal therapist shall be cancelled.
Article 41
Any person who performs occupational therapy practice without the qualification of an occupational therapist or occupational therapy assistant shall be penalized with 2 years’ imprisonment at maximum, or in addition to a fine between NT$30,000 and NT$150,000, except students of occupational therapy related departments, divisions or groups performing internship under the instruction of an occupational therapist or who have graduated for less than six months from the date they received their graduation certificate.
Any person who commits the offense mentioned in the previous paragraph, resulting in death or serious injury, shall be subject to aggravated penalty that is 1/2 greater than the penalty stipulated by the Criminal Code.
Article 42
Any occupational therapist who violates the second paragraph of Article 12 or any occupational therapy assistant who violates the second paragraph of Article 17 shall be penalized with one-year imprisonment at maximum, or in addition to a fine between NT$30,000 and NT$150,000.
Any person who commits the offense mentioned in the previous paragraph, resulting in death or serious injury, shall be subject to aggravated penalty that is 1/2 greater than the penalty stipulated by the Criminal Code.
Article 43
When an occupational therapy institution is subject to a fine under this Act, its principal therapist shall undertake the penalty.
Article 44
Unless otherwise provided by this Act, the penalties of fine, suspension from practice, revocation or cancellation of practice license or establishment license under this Act shall be imposed by the municipal or county (city) competent authority. The penalties of cancellation of the occupational therapist certificate or occupational therapy assistant certificate shall be imposed by the central competent authority.