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Title: Speech Therapists Act CH
Category: Ministry of Health and Welfare(衛生福利部)
Chapter Four – Penal Provisions
Article 28
A speech therapist who lends or leases his or her license or certificate to others shall have speech therapist certificate annulled and the case shall be forwarded to the prosecutor’s office according to law if the act involves criminal responsibility.
Article 29
A speech therapy clinic that hires personnel without the qualification of speech therapist to practice the businesses of speech therapist shall have its business license annulled.
Article 30
Violations of Article 5, Article 15, Paragraph 2 of Article 19 or Paragraph 2 of Article 24 shall be subject to a fine of not less than NT$30,000 and not more than NT$150,000.
Article 31
With the exceptions of the following situations, a person who practices the businesses of speech therapist without acquiring the qualification and his or her employer shall each be subject to a fine of not less than NT$30,000 and not more than NT$150,000:
1. The person is a doctor;
2. The person is a student of relevant department, division or graduate institute, or a graduate within five years from the date of receiving the degree from a department, division or graduate institute provided in Article 2 herein who is undergoing practical training at a medical institution or an institution recognized by the central competent authority under the guidance of a doctor or a speech therapist; or
3. The person is a special education teacher who engages in the businesses set forth herein for the purpose of teaching.
Article 32
Violations of Paragraph 1 of Article 16, Paragraph 4 of Article 20, Paragraph 2 or Paragraph 3 of Article 23, Paragraph 1 of Article 24 or Article 25 herein shall be subject to a fine of not less than NT$20,000 and not more than NT$100,000.
A speech therapy clinic in violation of Paragraph 2 or Paragraph 3 of Article 23 or Paragraph 1 of Article 25 herein shall be subject to penalty as provided in the preceding paragraph, and in addition, shall be ordered to take remedial action within a prescribed time period or refund the patient the overcharged fees. Violator that fails to take remedial action within the prescribed time period or refund the patient as required shall have business suspended for one month up to one year or have business license annulled.
Article 33
A speech therapist having any of the situations below shall be subject to a fine of not less than NT$20,000 and not more than NT$100,000. If the violation is of serious nature, the speech therapist shall have practice suspended for one month up to one year or have practice license annulled. Where the act of the speech therapist involves criminal responsibility, the case shall be forwarded to the prosecutor’s office according to law:
1. Violating Article 14 herein.
2. Engaging in unlawful or illicit business practice.
Article 34
A speech therapist in violation of Paragraph 1 or Paragraph 2 of Article 7, Article 9, Paragraph 1 or Paragraph 3 of Article 10, or Paragraph 1 of Article 11 shall be subject to a fine of not less than NT$10,000 and not more than NT$50,000 and be ordered to take remedial actions within a prescribed time period. Violator who fails to take remedial action within the prescribed time period shall have business suspended for one month up to one year.
A speech therapists association in violation of Paragraph 2 of Article 11 herein shall be subject to a fine of not less than NT$ 10,000 and not more than NT$ 50,000 by the competent authority of civil organizations and be ordered to take remedial actions within a prescribed time period. Violator that fails to take remedial action within the prescribed time period shall be fined consecutively on a daily basis.
Article 35
A speech therapy clinic in violation of Paragraph 1 of Article 18, Paragraph 1 of Article 19, Paragraph 1 or Paragraph 3 of Article 20, Article 21, or Article 26, or its establishment fails to comply with the requirements provided in Paragraph 3 of Article 16 herein shall be subject to a fine of not less than NT$10,000 and not more than NT$50,000, and in addition, shall be ordered to take remedial action within a prescribed time period. Violator that fails to take remedial action within the prescribed time period shall have business suspended for one month up to one year.
Article 36
A speech therapist in violation of Paragraph 2 of Article 12 or Article 13 herein or speech therapy clinics that violate Article 22 herein shall be subject to a fine of not less than NT$10,000 and not more than NT$50,000
Article 37
A speech therapist in violation of Paragraph 1 of Article 7, Article 9, Paragraph 1 or Paragraph 3 of Article 10, Article 13 or Article 15 shall be penalized according to the provisions in Article 34 or Article 30 herein, and the institution where the speech therapist practices shall be subject to the same penalties, unless the penalties are otherwise provided according to other law.
Article 38
A speech therapist who continues to practice after being ordered to suspend practice shall have his or her practice license annulled. Where the speech therapist continues to practice after having his or her practice license annulled, his or her speech therapist certificate shall be annulled.
Article 39
A speech therapy clinic that continues to conduct business after being ordered to suspend business shall have its business license annulled. Where the speech therapy clinic continues to conduct business after having its business license annulled, the responsible speech therapist shall have his or her speech therapist certificate annulled.
Article 40
Where a speech therapy clinic is ordered to suspend business or has its business license annulled, the responsible speech therapist shall simultaneously be ordered to suspend practice or have his or her practice license annulled.
Where the responsible speech therapist of a speech therapy clinic is ordered to suspend practice or has his or her practice license annulled, the speech therapy clinic shall simultaneously have business suspended or have its business license annulled.
Article 41
When a speech therapy clinic established under the application of a speech therapist is subject to fines as provided herein, the responsible speech therapist of the clinic shall be penalized.
Article 42
The disposition of fines, practice suspension, revocation or annulment of practice license mentioned herein shall be executed by the municipality and county (city) authorities; the revocation or annulment of speech therapist certificate shall be executed by the central competent authority.