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

Print Time:2024/11/24 07:16
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Chapter Law Content

Title: People with Disabilities Rights Protection Act CH
Category: Ministry of Health and Welfare(衛生福利部)
Chapter 5 Support Services
Article 48
To connect the welfare demand of people with disabilities in different stages of their careers, the related departments (agencies/organizations) in the municipal and county (city) competent authorities shall actively communicate and coordinate with one another to work out career transitions and connecting plans, to provide people with disabilities with integrated and continuous services.
The service procedure, modes, data format, and other rules that should be followed for the career connection mentioned in above paragraph shall be prescribed by the central competent authorities together with the central competent authorities in charge of individual purposes.
Article 49
The supportive services for people with disabilities shall be planned based on the principles of diversification and continuation. The municipal and county (city) competent authorities shall, by themselves or consolidate resources of private sectors, provide supportive services to people with disabilities. And there shall be no limit to the time of setting the domiciles.
Article 50
To assist and take care of people with disabilities to improve their living quality, social participation chances, and obtain independence, the municipal and county (city) competent authorities shall provide the following home services according to the results of need assessment:
1. Home care;
2. Daily living reconstruction;
3. Psychological reconstruction;
4. Residence/Housing in community;
5. Marital and reproductive health counseling;
6. Day care and residential care;
7. Home-based care services;
8.After-school care;
9. Supportive service for independent life;
10. Other related personal care services for people with disabilities.
Article 51
To reinforce the capability of the families to take care of people with disabilities, the municipal and county (city) competent authorities shall provide the following services according to the results of need assessment:
1. Temporary/Respite and short-term care;
2. Supports to the caregivers,
3. Training and practicing for the caregivers;
4. Family care visits and service;
5. Other related services to promote the capability of family caregivers and their life quality.
Regulations on the content, practicing procedures, qualification & training of working personnel, and management of the issues referred to in the preceding Article and above paragraph, where necessary, shall be prescribed by the central competent authorities and the central competent authorities in charge of specific business.
Article 52
The municipal and county (city) competent authorities of individual levels and purposes shall provide the following services to encourage people with disabilities to participate in social activities:
1. Leisure and cultural activities;
2. Sports;
3. Access-free to public information;
4. Fair participation in politics;
5. Law counseling and support
6. Access-free environment;
7. Assistive device, installation, appliances of technology and services;
8. Social propagation and education to the society;
9. Other services related to social participation of people with disabilities.
Giving preferential treatment to people with disabilities for the preceding items which are fee-for-service.
The access-free to public information mentioned in the third subparagraph of paragraph 1 indicates that Internet, telecommunication, broadcasting, TV program providers should provide access-free reading, watching, transfer, or transmission and other assistive, subsidized measures for people with visual, hearing, and speech disabilities.
Regulations on the subsidy and subsidy measure content, practicing procedures, and management of the issues referred to in the above paragraph, shall be prescribed by the central competent authorities in charge of specific business
In the first paragraph, except for the service measures in the third subparagraph, the central competent authorities and the central competent authorities of specific business shall stipulate the practicing plan based on the contents and their practicing methods.
Article 52-1
The central competent authorities in charge of specific business should actively collect the regulation (criteria) of access-free software and hardware products from each country every year to stipulate a national access-free regulation (criteria) for each product design or service provider. The authorities should also encourage manufacturers or service providers to follow the regulation (criteria) when developing, producing their products or providing the service through incentives and certificate systems.
The central competent authorities in charge of specific business should prescribe and manage the stipulation of standard certificate issuing for the incentive contents, qualifications, targets, and products or services mentioned in the above paragraph.
Article 52-2
The websites established by all levels of government agencies (institutes) and their subsidiary agencies (institutes), and schools should obtain the first priority access-free examination and receive the certificate marks.
The central competent authorities in charge of specific business should prescribe the examination criteria, methods, frequency, and certificate issuing rules mentioned in the above paragraph.
Article 53
Transport vehicle carriers shall plan appropriate routes, airlines, service schedules, car/carriage/cabin/compartment (of vehicles, airplanes and ships), etc., for access-free transportation services.
If access-free transportation services cannot be provided in the routes, airlines, or areas mentioned in the preceding paragraph, the municipal and county (city) competent authorities at all levels in charge of transportation shall, according to the actual need of people with disabilities, invite representatives from the related associations for people with disabilities, local transport vehicle carriers and the competent authorities in charge of social welfare services, to discuss and agree on which provisions of the preceding paragraph shall not apply.
Access-free equipment and facilities/installations shall be planned and established in public transport for the convenience of people with disabilities. Public transportation facilities without reserved seats shall set aside priority seats for the disabled, elderly, women and children. At a rate of seats no less than fifteen (15) percent of total seats available. Such seats should be located close to the car or cabin doors or any entrance. The floors between the priority seats to above-mentioned exits should be flat and without any obstacles, and, if necessary, marked or broadcasted with yield seats warnings.
Except for the security reasons prescribed by the competent authority in charge of civilian aviation, domestic airliners should not ask people with disabilities to accept special restrictions or refuse providing transportation service for them.
Regulations on establishment of the barrier-free equipment and facilities/installations, measures, and other necessary issues related to access-free environment referred to in the third paragraph, including regulations for railway, highways, massive rapid transportation, air transit, water transportation, and others, shall be prescribed in sections by the central competent authorities in charge of transportation affairs.
If access-free equipment and facilities/installations in public transports do not comply with the regulations mentioned in the preceding paragraph, the competent authorities at all levels in charge of transportation shall ask transport vehicle carriers to submit improvement plans within a certain period of time. However, if there are technical difficulties in establishing access-free equipment and facilities/installations due to limitations in construction or public transport equipment, transport vehicle carriers may submit an alternate improvement plan that specifies a time limit for improvement.
The improvement plan mentioned in the preceding paragraph shall be submitted to the competent authorities in charge of transportation for approval; the same procedures shall apply to any amendment.
Article 54
The roads, streets, sidewalks and arcades in urban areas shall meet the related access-free regulations and directions prescribed by the central competent authorities in charge of specific business.
Article 55
The central competent authorities in charge of specific business shall establish the related transport marks, lines, signals and identification frequency of the access-free transportation.
The municipality and county(city) government shall, based on the identification frequency referred to in the paragraph above, promote visualized voice signals and voice positioning.
Article 56
In each public parking area, 2 percent of the total parking lots shall be reserved for people with disabilities. Where the total number of a public parking area is less than 50, at least 1 parking lot must be reserved for people with disabilities. Any person other than those with disabilities who have the exclusive identification cards of disabled parking is not allowed to use the reserved parking lot(s).
The exclusive identification card of disabled parking shall be issued in accordance with the result of need assessment. The location, space planning and usage of the disabled parking lots as well as issuance of the exclusive identification card and the
reprimand/punishment for illegal use shall be prescribed by the central competent authority together with the related departments (agencies/organizations) in charge of transportation & communication, construction, and so on.
For all levels of government agencies, public and private schools, organization, state- and private-run business, if they have parking facilities, they should attend to such matters in accordance with the above three paragraphs.
Article 57
The public buildings and gathering places to be newly constructed or manufactured shall include facilities/installation and equipment that are convenient for people with disabilities to use. The government shall not issue construction licenses to the public buildings, or gathering places that are not in conformity with the foresaid provision, nor allow them to be opened to the public.
Public buildings and activity venues shall at least set up barrier-free equipment and facilities at essential places such as outdoor passageways, evacuation ramps and handrails, evacuation exits, indoor entrances and exits, indoor hallways, stairs, elevators, breastfeeding (collecting) rooms, restrooms (including mobile ones), bathrooms, spaces for wheelchair-using spectators and parking lots. Items and specifications are as stipulated by the respective central competent authorities in accordance with the Act or the relevant laws.
The competent authorities of individual levels in charge of specific business shall order the owners or the people in charge of the management of the public buildings and gathering places to improve if the access-free equipment and facilities/installation are not in conformity with the regulations of the above paragraph, But where it is really difficult to establish access-free equipment and facilities/installation due to military control, protection of ancient relics, natural factors, construction of the buildings, restriction of the equipment or facilities/installation, or other special conditions, the owners or the people in charge of the management of the agency/organization/institution may submit an alternative improvement plan to the competent authorities of individual levels in charge of specific business. The competent authorities shall specify a time limit for implementing the improvement plan.
Article 58
People withdisabilities may, when taking domestic public transport,be favored with half price by the right & interest of the disability identification.
If people with disabilities are ascertained/verified to be in need of company, according to the result of need assessment, and have one companion only, people with disabilities and their guardians or one of the necessary companions may also enjoy the preceding favors.
People with disabilities have the prior rights & interests to take the transports referred to in Paragraph 1, and the favors shall not be limited to the place of the domiciles, unless the transports are under local authorities.
Except for the security reasons prescribed by the competent authorities in charge of civilian aviation that don’t allow people with disabilities to travel alone, domestic airliners should not charge the company of the traveling person.
Regulations on the implementation, operating procedure and the scope of practicing referred to in the above four paragraphs shall be prescribed by the central competent authorities in charge of specific business.
Article 58-1
Competent authorities at the level of directly-controlled municipality and the level of county (city) government that operate Rehabilitation Bus services shall lift the restriction on household registration beginning January 1, 2012.
Article 59
People with disabilities do not need to pay the admittance fee with their disability identification when entering the scenery areas, entertainment places, or cultural and educational areas that are operated by public or a government owned, contractor operated (GOCO) entity. Where the scenery areas, entertainment places, or cultural and educational areas are managed by the private sector, they shall be favored with half price.
If people with disabilities are ascertained/verified to be in need of company, according to the result of need assessment, and have one companion only, people with disabilities and their guardians or the necessary companions may also enjoy the preceding favors.
Article 60
People with visual, auditory, and physical disabilities accompanied by qualified guide dogs, hearing dogs, or mobility assistance dogs or training personnel bringing young guide dogs, young hearing dogs, and young mobility assistance dogs during training are allowed to enter public areas, public buildings, business places, public transports and other public facilities freely.
The owner, administrator or user of the preceding public places, public buildings, business places, public transports and other public facilities in the paragraph above shall not charge the young guide dogs, young hearing dogs, and young mobility assistance dogs as well as guide dogs, hearing dogs, and mobility assistance dogs with additional expenses, refuse their free entry or exit, or add other conditions for their entrance and exit.
When guide dogs, hearing dogs, and mobility assistance dogs guide people with visual, auditory, and physical disability, others shall not touch, feed or interfere with the guide dogs, hearing dogs, and mobility assistance dogs by any sound, voice, or signals.
Regulations on the qualification, management, approval of training agencies, cancellation or abolition of approval, and other related issues of guide dogs, hearing dogs, and mobility assistance dogs as well as young guide dogs, young hearing dogs, and young mobility assistance dogs are prescribed by the central competent authorities.
Article 60-1
The central competent authorities should join with the central competent authorities in charge of labor affairs to assist and guide municipal, county (city) governments to attend to reconstruction services in life and occupation for people with visual disability.
The service mentioned in the above paragraph should contain trainings for living skills and oriented mobility. The contents and the training of professional personnel and other relating regulations shall be prescribed by the central competent authorities together with the central competent authorities in charge of labor affairs.
Second paragraph will become valid two years after the Act is promulgated.
Article 61
The municipal and county (city) governments shall set up an entry to provide sign language translation services to people with disabilities in hearing or speaking/speech function, for their actual needs, while they participate in public affairs; the simultaneous transcription service may also be provided based on the actual needs of people with disabilities.
Regulations on the scope and operating procedure of the preceding sign language or simultaneous transcription services are prescribed by the municipal and county (city) competent authorities.
Certified technicians of sign language will serve the post of sign language interpreter/translator according to Paragraph 1 on the day of five years ever since this Act be legislated and promulgated.
Article 62
The municipal and county (city) authorities shall, according to the characteristic and need of people with disabilities in their domicile, establish by themselves or consolidate the resources of the private sector to establish the welfare care facilities/institutions to provide services of life care, (daily) living re-construction, welfare counseling,…etc., for people with disabilities.
Principles to the services provided by the above mentioned care facilities/institutions in Paragraph 1 are to enhance the ability for families to take care of people with disabilities and for them to participate in social affairs, and are to support the services mentioned from Article 50 to Article 52.
The standard of type, scale, business, facilities/installation and personnel deployment in care facilities/institutions referred to in Paragraph 1 are prescribed by the central competent authorities. The care facilities/institutions in the preceding Paragraph 1 may charge fees for the facilities/installations or services, and regulations of charging fees shall be submitted to the municipal and county (city) competent authorities for approval.
The care facilities/institutions in the preceding Paragraph 1 extending their business into other fields are acceptable, and shall be under the regulations and directions of the competent authorities in charge of other specific business.
Article 63
To establish a welfare care facility/institution for people with disabilities, applications shall be submitted to the municipal and county (city) competent authorities for the permits.
After having obtained the permits in accordance with the above paragraph, the care facility/institution shall register itself as a juristic corporator within three months commencing from the permits of the application. While the registration procedure is finished, the juristic corporator may accept donations/subsidies or collect funds from the outside with the approval of the competent authorities, and the funds shall be used for exclusive purposes. It is not necessary for the care facility/institution to handle thus registration if any of the following facts exists:
1. The care facility/institution is affiliated to a juristic corporator or a public-welfare corporation that is established pursuant to other laws;
2. The size of the care facility/institution is small, and it will not collect funds from the outside, receive donations/subsidies, or enjoy the privileges of tax reduction or
exemption.
Where the care facility/institution has not registered itself as a juristic corporator in accordance with the preceding Paragraph 1 within a specified time limit (or is not in conformity with the preconditions of exemption from registration), the care facility/
institution may apply to the municipal and county (city) competent authorities in charge of specific business for extension once, and the extension period shall be no longer than three months. An overdue application shall make the approval invalid.
Regulations on the permit/approval requirements, procedure, review period, permit/approval cancellation and abolishment, suspension, extension or migration, supervision and management, etc., are prescribed by the central competent authority.
Article 63-1
A person who has following conditions shall not be in charge of a welfare care facility/institution for people with disabilities.
1.Has been found guilty of drug possession, violent crime, sexual harassment or sexual assault.
2.Has been convicted of disorderly behavior violating the rights of the disabled.
The competent authority shall actively investigate the person in charge stated in the preceding paragraph.
A welfare care facility/institution for people with disabilities shall terminate, by transfer, severance, retirement or termination of the employee contract, the job of the person who currently works in the disability welfare institution and meets any condition in paragraph 1.
Article 64
The competent authorities of all levels shall periodically counsel, review and evaluate a welfare care facility/institution for people with disabilities, and the conditions of guiding, reviewing and improving in the institution shall be included in the evaluation index items. The results of review should be classified as follows:
1.Excellence
2.Grade A
3.Grade B
4.Grade C
5.Grade D
Any welfare care facility/institution for people with disabilities that are reviewed as Excellent Level or A Level in the previous paragraph shall be awarded; any welfare care facility/institution for people with disabilities that are reviewed as C Level or D Leve shall make improvements according to the guiding of the competent authorities.
The items, methods, awards, counselling and improvement of periodically guiding, reviewing and evaluating a institution stated in paragraph 1 shall be prescribed by the central competent authorities.
Article 65
A written contract shall be signed between a welfare care facility/institution for people with disabilities and the care receivers or their families on the mutual understanding of rights, interests and obligations, duties.
A written contract of transfer and settlement shall be signed between the municipal and county (city) competent authorities and a welfare care facility/institution for people with disabilities on the mutual understanding of rights, interests and obligations, duties.
The central competent authority concerned shall set forth a standard pattern of the written contract, based on the format, & content mentioned in previous sections. The things/issues to be recorded or not shall be all listed in the pattern.
The pattern of the standard contract shall be published by the care facilities/institutions and to be (delivered to the clients) along with the receipts of payment. Unless otherwise specified, this shall be regarded as a mutually agreed contract, as stated in Paragraph 1 of this Article.
Article 66
A welfare care facility/institution for people with disabilities shall
insure itself with public liability insurance and secure its own operation in order to protect the rights and interests of people with disabilities.
The scope and amount of public liability insurance in the above paragraph shall be prescribed by the central competent authority and the central competent authorities in charge of specific business.
The secure capability of operation referred to in Paragraph 1 and its judging standard are prescribed by the municipal and county (city) competent authority where the welfare care facility/institution registers.
Article 67
Where people with disabilities apply for setting up retail stores or booths in public places owned by the government, or for purchasing or rent public housing or parking lots, the government shall reserve certain quota of the places for them to permit/approve their applications first. The reserved quota is prescribed by the municipal and county (city) competent authorities.
The conditions of the applicant and limits on the rent or transfer to others mentioned in previous paragraph are prescribed by the competent authorities of specific business. Other applicants with disabilities shall enjoy priority to rent and transfer.
The government shall provide low-interest financing or rent subsidies to people with disabilities who purchase or rent the stores or booths referred to in Paragraph 1, and the regulations are prescribed by the central competent authority.
Article 68
The municipal and county (city) governments (competent authorities) shall reserve quotas and priorities for the permit/approval in favor of the welfare care facilities/institutions, associations and those qualified for establishment of sheltered
workshops to set up sheltered workshops (welfare factories or stores) in public places, or for providing residences in public dwelling houses.
The reserving quotas in above mentioned paragraph shall be put into consideration of constructing plan during the planning stage of specific areas by the municipal and county (city) competent authorities in charge of specific business together with the municipal and county (city) competent authorities.
The applicant qualified for permit/approval, limits on its rent and transfer, are implemented under related regulations prescribed by the competent authorities in charge of specific business; the objects of rent and transfer are only limited to the related welfare care facilities /institutions or associations for people with disabilities.
Article 69
The government departments (agencies/organizations) of individual levels, public schools, public business agencies/organizations/institutions, and the care facilities/institutions, associations, private schools receiving subsidies from the
governments shall, during purchasing, under a reasonable price and lower than a certain amount, give priority to the products and services produced and provided by the welfare care facilities/institutions and associations, sheltered workshops for people with disabilities.
The competent authorities of individual levels shall announce the information of the products and services referred to in the preceding paragraph at a fixed interval, or notify each unit that has the obligation to purchase the products and services of such information by letter, and such units shall support the purchase of the products and
services to a certain percentage according to the related laws and regulations.
Items of such products and services, percentages, certain amount, reasonable price, and the priority of purchasing referred to in the above two paragraphs as well as other related affairs/issues shall be prescribed by the central competent authority.
Article 69-1
The competent authorities of all levels should give guidance to people with seeing disability to establish cooperatives that provide massage services.
If the members of the cooperatives mentioned in the above paragraph are all people with seeing disability and the cooperatives are operated following relating laws, the business tax should be paid according to the provisions of first paragraph of Article 13 in Value-added and Non Value-added Business Tax Act.
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