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

Print Time:2024/11/22 07:02
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Chapter Law Content

Chapter 5 Penal Provisions
Article 38
When a medical institution evades, obstructs, or refuses to participate in an investigation or makes a false certification, report, or misrepresentation in response to the demand by the competent authority of the municipal government or county (city) government, then under the regulations in Article 21 Paragraph 1, the competent authority shall fine them no less than NT$50,000 and no more than NT$250,000, and they shall be ordered to make improvements within a fixed time period. Those who do not make improvements within this timeframe shall be liable for additional fines by each time.
Article 39
In any of the following circumstances, a fine of no less than NT$20,000 and no more than NT$100,000 will be imposed by the competent authority of the municipal government or county (city) government, and they will be ordered to make improvements within a designated time period. Those who do not make improvements within this timeframe shall be liable to additional fines by each time.
1. Hospitals with 100 beds or more violating the regulation in Article 6 Paragraph 1, not form a medical accident response team.
2. Medical institutions offering information according to Article 10 Paragraph 1 that constitutes a false or misleading representation.
3. Medical institutions violating the regulation of Article 19 Paragraph 2, not assigning representatives to attend meetings.
4. Medical institutions violating regulations in Article 19 Paragraph 3, taking action or imposing measures to prohibit or obstruct its personnel from engaging in mediation without a justifiable reason.
5. Medical institutions violating the regulations of Article 19 Paragraph 4, punishing or retaliating against its staff members.
6. Medical care institutions violating the regulation of Article 33 Paragraph 2, not maintaining the confidentiality of the identity of the reporter of patient safety events or taking punitive or retaliatory actions against them, such as termination of their employment or failure to renew their contract.
Article 40
Medical institution, juridical entity, groups, or relevant personnel who evade, obstruct, or refuse a task force’s notification given under Article 35 Paragraph 2 to be present to provide an explanation or data shall be fined by the competent central authority no less than NT$20,000 and no more than NT$100,000, and they will be ordered to make improvements within a designated time period. Those who do not make improvements within the designated time will continue to be fined by each time.
Article 41
In any of the following circumstances, an order will be issued by the competent authority of the municipal government or county (city) government to make improvements within a designated time period. Those who do not make improvements within this timeframe will be fined no less than NT$10,000 and no more than NT$50,000, and they may continue to be fined by each time.
1. Medical care institutions violating the qualifications announced by the central competent authorities according to Article 6 Paragraph 2.
2. Medical care institutions violating the regulation of Article 6 Paragraph 4, not making a record or keeping the record for at least 3 years.
3. Medical care institutions violating the regulation of Article 8, not offering concrete assistance to employees involved in medical disputes.
4. Medical institutions not following the regulations in Article 10 Paragraph 1 to provide information within a designated time.
5. Mediation committee members or staff members involved in the mediation who violate the regulations in Article 18 Paragraph 2 to disclose any secrets without justifiable reasons.
6. Involved party violating the regulations in Article 18 Paragraph 3, in the mediation of another case, revealing or citing the statements, concessions or mediation results of a prior case without the consent of the other party.
7. The involved party violating the regulations in Article 18 Paragraph 4, using voice recording, video recording, or other methods to memorialize and disseminate the mediation process without the consent of the mediation committee members and the other party.
8. Medical care institutions violating the regulations in Article 34 Paragraph 1, not analyzing the fundamental causes of major medical accidents ,not proposing improvement plans, or not informing competent authorities.
Article 42
Involved parties who violate the regulations of Article 19 Paragraph 1 who do not attend the mediation or assign an agent to be present on the scheduled day of mediation without a justifiable reason shall be fined no less than NT$3,000 and no more than NT$15,000 by the competent authority of the municipal government or county (city) government.
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