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Chapter Law Content

Title: Dietitians Act CH
Category: Ministry of Health and Welfare(衛生福利部)
Chapter 4 Penalty Provisions
Article 26
The dietitian certificate of a dietitian who enables a third party to use his/her certificate for a fee shall be cancelled. Where such behavior shall incur criminal liabilities, case shall be referred to the competent prosecutor office by its law.
An improper practice committed by a dietitian shall subject the dietitian to discontinuing of practice for a minimum period of one month to a maximum period of one year. Where a serious malpractice is committed, the dietitian practice license shall be cancelled, and where such behavior shall incur criminal liabilities, case shall be referred to the competent prosecutor office by its law.
Article 27
A violation of the provisions of Article 5 shall subject the violator to a minimum fine of Thirty Thousand NT Dollars to a maximum fine of One Hundred Fifty Thousand NT Dollars.
Article 28
A violation of the provisions of Paragraph 1 and 2 of Article 7, Paragraph 1 of Article 9, Article 10, or Paragraph 1 or Paragraph 3 of Article 11 shall subject the violator to a minimum fine of Ten Thousand NT Dollars to a maximum fine of Fifty Thousand NT Dollars.
Anyone subjected to the penalty stated in the preceding paragraph, except when penalty is for a violation of the Article 10, shall be ordered to rectify the problem within the prescribed deadline. Failure to rectify the problem within the respective deadlines prescribed in three consecutive rectification orders shall subject the violator to discontinuing of practice for a minimum period of one month to a maximum period of one year.
Where a dietitian association violates the Paragraph 2 of Article 9, the competent authority governing civil organizations shall impose a minimum fine of Ten Thousand NT Dollars to a maximum fine of Fifty Thousand NT Dollars and order the dietitian association to rectify the problem within the prescribed deadline. Where the association fails to rectify problem within the prescribed deadline, compounded penalties may be imposed for each violation until rectification is instituted.
Article 29
If anyone arbitrarily practices as a dietitian without a valid dietitian license as defined in Paragraph 1 of Article 12, the individual and his/her employer shall be separately subjected to a minimum fine of Fifty Thousand NT Dollars to a maximum fine of Two Hundred Fifty Thousand NT Dollars. This restriction shall not apply to intern students or graduates working within the five-year period following the acquisition of his/her diploma under the supervision of a licensed dietitian.
Article 30
A violation of the provisions of Article 13 shall subject the violator to a minimum fine of Thirty Thousand NT Dollars to a maximum fine of One Hundred Fifty Thousand NT Dollars. A second violation of the same situation shall subject the violator to the discontinuing of practice for a minimum period of one month to a maximum period of one year.
Article 31
A violation of the provisions of Paragraphs 1 and Paragraph 2 of Article 14, Paragraph 1 of Article 19, Paragraph 1 of Article 20, Article 21, Article 22, Paragraph 1 of Article 23, or Article 25 shall subject the violator to a minimum fine of Ten Thousand NT Dollars to a maximum fine of Fifty Thousand NT Dollars.
A violator subjected to the penalty stated in the preceding paragraph, except where a violation of Paragraph 1 of Article 23 is committed, shall be ordered to rectify violation within a prescribed deadline. Failure to rectify problem within the prescribed deadline shall subject the violator to discontinuing of practice for a minimum period of one month to a maximum period of one year.
Article 32
Where a dietitian is found to have continued practice after a practice discontinuing order has been imposed, the dietitian practice license shall be cancelled. Where the dietitian still continues to practice after the cancellation of the dietitian practice license, his/her dietitian certificate shall be cancelled.
Article 33
A violation of the provisions of Article 15 to Article 17, Paragraph 2 of Article 19, Paragraph 2 of Article 20, Paragraph 2 of Article 23, or Article 24 shall subject the violator to a minimum fine of Thirty Thousand NT Dollars to a maximum fine of One Hundred Fifty Thousand NT Dollars.
A violation of the Paragraph 2 of Article 23 shall subject the violator to the same fine stated in the preceding paragraph; moreover, violator shall likewise be ordered to refund the amount over-billed or arbitrarily charged to the clients within a prescribed deadline. Failure to do so shall subject the violator to discontinuing of practice for a minimum period of one month to a maximum period of one year or cancellation of the institution operating permit.
Article 34
A nutrition counseling institution meeting one of the following conditions shall be subjected to a minimum fine of Twenty Thousand NT Dollars to a maximum fine of One Hundred Thousand NT Dollars. Where a serious violation is committed, the institution operating permit shall be cancelled.
1. Employment of an uncertificated person to practice dietitian’s tasks;
2. Engaging in illegal acts or practices; or
3. Failed to discontinue operations as directed in the practice discontinuing order.
Article 35
Where the dietitian in-charge of a nutrition counseling institution is subjected to practice discontinuing or dietitian practice license cancellation penalty, the nutrition counseling institution shall likewise be subjected to same practice discontinuing or institution operating permit cancellation penalty.
Where a nutrition counseling institution is subjected to practice discontinuing or institution operating permit cancellation penalty, the dietitian in-charge of said nutrition counseling institution shall likewise be subjected to same practice discontinuing or dietitian practice license cancellation penalty.
Article 36
Where a nutrition counseling institution is found to have continued operations after an institution operating permit cancellation order has been imposed, the dietitian certificate of its dietitian in-charge shall be cancelled.
Article 37
The penalty fine imposed on the nutrition counseling institution defined in This Act shall be collected from its dietitian in-charge; whereas, fine imposed on other institutions and places shall be collected from the person in-charge of the institutions and places.
Article 38
The implementation of the penalty fines, practice discontinuing, revocation or cancellation of the dietitian practice license and/or institution operating permit defined in This Act, except where a separate penalty has been imposed under the provisions of Paragraph 3 of Article 28, shall be defined by the competent authority of a special municipality or county (city); whereas, implementation of the cancellation of the dietitian certificate shall be defined by the competent central authority.
Article 39
Where penalty fines imposed under This Act remain unpaid after the prescribed deadline, case shall be referred to a court of law for enforcement.