Chapter 4 Penalty Provisions
Article 33
Those engaged in medical examination business without medical technologist’s or medical technician’s qualification are subject to imprisonment below two years, in addition to a fine between NT$30,000 and NT$150,000. However, this does not apply to students of medical examination faculty, department or division who serve internship under supervision of a medical technologist, or graduate 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 34
Medical technologists violating Paragraph 2 of Article 12 or medical technicians violating Paragraph 2 of Article 17 are liable to imprisonment below two years, in addition to a fine between NT$10,000 and NT$50,000.
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 are liable to an additional penalty of practice suspension above one month and below one year. In serious circumstances, the practice license or medical technologist’s or medical technician’s certificate may be annulled.
Article 35
If a medical technologist or medical technician leases out his/her certificate for others’ use, the Medical Technologist Certificate or Medical Technician Certificate shall be annulled; in case that criminal liability is involved, it shall be referred to the competent prosecution office for legal proceeding.
Article 36
In case of one of the following conditions, the medical technologist or medical technician is liable to a fine between NT$10,000 and NT$50,000; 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 either Article 15 or Article 16.
2. Illegal or improper business behavior.
Article 37
Those violating Paragraph 1 or 2 of Article 7, Article 9, Paragraph 1 or 3 of Article 10, Paragraph 1 of Article 11 or Article 14 shall be fined between NT$10,000 and NT$50,000.
On top of the penalty stated 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 technologists or association for medical technicians violates Paragraph 2 of Article 11, it is subject to the civil association competent authority’s penalty of a fine between NT$10,000 and NT$50,000.
Article 38
A medical technologist or medical technician who continues to practice while under penalty of practice suspension shall have his/her practice license annulled; should he/she continue to practice when his/her practice license is annulled, he/she shall have his/her Medical Technologist Certificate or Medical Technician Certificate annulled.
Article 39
In any one of the following conditions, a medical examination 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 without medical technologist or medical technician qualification to carry out medical examination work without permission.
2. Fail to suspend business while under the penalty of practice suspension.
Article 40
Those violating any one of Paragraph 1 of Article 20-1, Paragraph 1 of Article 21, Paragraph 1 of Article 22, Articles 23 to 26, Paragraph 1 of Article 28 or Article 31, or failing to meet the standard set down in Paragraph 4 of Article 19 are liable to a fine between NT$10,000 and NT$50,000.
On top of the penalty stated in the preceding paragraph, those violating any one of Paragraph 1 of Article 20-1, Paragraph 1 of Article 21, Paragraph 1 of Article 22, Articles 23 to 25 or Article 31, or failing to meet the standard set down in Paragraph 4 of Article 19 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 41
Those violating any one of Article 5, Paragraph 1 of Article 19, Paragraph 2 of Article 21, Paragraph 2 of Article 22, Paragraph 2 of Article 28, Article 29, Article 30 or Article 32 are liable to a fine between NT$20,000 and NT$100,000.
On top of the penalty stated in the preceding paragraph, those violating Paragraph 2 of Article 28 will be given a deadline by which the overcharged fee shall be returned; failure to return the overcharged fee will be subject to repeated penalties per occasion.
Article 42
When the principal medical technologist or the principal medical technician of a medical examination clinic is penalized for practice suspension or annulment of practice license, practice suspension or annulment of establishment license shall also be imposed on the clinic at the same time.
When a medical examination 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 medical technologist or principal medical technician at the same time.
Article 43
If a medical examination clinic continues its practice while its establishment license is being annulled, the Medical Technologist Certificate or Medical Technician Certificate of the principal medical technologist or principal medical technician may be annulled.
Article 44
The principal medical technologist or principal medical technician of a medical examination clinic shall be liable for the fines imposed on the clinic as provided in this Act.
Article 45
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 technologist certificate or medical technician certificate shall be executed by the central competent authority.