Chapter 5 Penal Provisions
Article 41
Optometric personnel who lend their certificates to others shall have their certificates annulled.
Article 42
Optometric labs that keep personnel who are not qualified optometric personal to perform optometric personnel’s work without permission shall have their practice license annulled.
Article 43
People who carry out optometric work without proper optometric personnel’s qualifications shall be fined between NT$30,000 and $150,000. But no penalty shall be imposed in any one of the following circumstances:
1. Students of medical or optometry departments or graduates who obtained their degree within the last five years who serve as interns in institutions recognized by the central competent authority under guidance of a physician or optician
2. Taking measurements using visual acuity charts or nursing staff performing their job under a physician’s instructions.
Article 44
A fine of between NT$30,000 and $150,000 shall be imposed in any one of the following circumstances:
1. Violating Article 5; people without an optometric personnel certificate using the title of optometric personnel.
2. Violating Paragraph 5 of Article 15; non-optometric labs using the name of an optometric lab or similar name.
3. Violating Paragraph 2 of Article 22; non-optometric labs displaying optometric examination advertisements.
4. Violating Article 24; optometric personnel or their staff at a practicing institution disclosing someone’s confidential information that they have come to know or possess due to their job.
Article 45
Optometric personnel shall be fined between NT$20,000 and $100,000 in any one of the following circumstances; for severe violations, suspension of business for a period from one month to one year shall be imposed or the practice license shall be annulled:
1. Violating the proviso in Item 1, Paragraph 1 of Article 12 or the proviso in Item 1, Paragraph 2 of Article 12, performing optometric examinations for children under six years old.
2. Violating Paragraph 3 of Article 12, failing to refer the party concerned to a medical care institution.
3. Violating Article 14, making fraudulent statements or reports.
Article 46
In any one of the following circumstances, an optometric lab shall be fined between NT$20,000 and $100,000:
1. Violating Paragraph 1 of Article 15, optometric personnel setting up an optometric lab without applying to the competent authority for a practice license.
2. Violating Paragraph 4 of Article 18, moving or resuming practice without registering a practice.
3. Violating Paragraph 2 of Article 21, taking optometric examination fees without issuing a list of fees and receipts.
4. Violating Paragraph 3 of Article 21, overcharging of fees or creating fee items without authorization.
5. Advertisement content violating Paragraph 1 of Article 22.
6. Violating Article 23, soliciting business in illegitimate ways, or optometric lab staff acquiring improper benefits through their job.
In the event of Item 3, Item 4 or Item 6 above, the optometric lab will be required to make improvement before a deadline or to return the overcharged money to the parties concerned, on top of the fine stated in the previous paragraph; failure to make improvements or return the funds before the deadline will result in a penalty of suspension of business for a period from one month to one year or annulment of the practice license.
In the event of violating Paragraph 2 of Article 23, both the optometric lab and the offender shall be fined as mentioned in Paragraph 1 above.
Article 47
In any one of the following circumstances, optometric personnel shall be fined between NT$10,000 and $50,000 and be required to make improvements before a deadline; those who fail to make improvements by the deadline shall be subject to suspension of business for a period from one month to one year:
1. Violating Paragraph 1 of Article 7, practicing without registering a practice.
2. Violating Paragraph 2 of Article 7, continuing a practice before renewing an expired practice license.
3. Practicing at a location other than the registered practice venue without being under the circumstance stated in the proviso of Article 9.
4. Violating Paragraph 1 of Article 10, failing to report a suspension or termination of business to the original agency that issued the practice license within 30 days from occurrence of the fact.
5. Violating Paragraph 3 of Article 10, changing the practice venue or resuming business without registering a practice.
6. Violating Paragraph 1 of Article 11, failing to join the local association when practicing.
Optician associations or optical technician associations violating Paragraph 2 of Article 11 shall be fined between NT$10,000 and $50,000 by the competent authority in charge of civil organizations and be required to make improvements before a deadline; those who fail to make improvements, consecutive punishments may be given.
Article 48
Optometric labs in any one of the following circumstances shall be fined between NT$10,000 and $50,000 and be required to make improvements before a deadline; those who fail to make improvements by the deadline shall be subject to suspension of business for a period from one month to one year:
1. Violating Paragraph 4 of Article 15, using or changing the name of an optometric lab without obtaining approval from the local municipal or county (city) competent authority.
2. Violating Paragraph 6 of Article 15 regarding the establishment standard of an optometric lab.
3. Violating Article 16, the principal optometric personnel failing to undertake supervision duties over the business of an optometric lab.
4. Violating Paragraph 1 of Article 17, the principal optometric personnel, in cases of the inability to carry out duties for any reason, failing to designate a qualified acting representative or failing to report to the competent authority when the acting duration exceeds 45 days.
5. Violating Paragraphs 1 and 3 of Article 18, failing to report a suspension of business, termination of business or alteration of registered particulars to the original agency that issued the practice license for reference or approval within 30 days from occurrence of the fact.
6. Violating Article 19, failing to display the practice license and the fees and charges in a visible place.
7. Violating Article 25, failing to submit a report, refusing an inspection or collection of information.
Article 49
In cases of any one of the following, a fine of between NT$10,000 and $50,000 shall be imposed:
1. Optometric personnel who violate Article 13, and fail to make a record for the job performed, fail to provide a report of an optometric examination result, or fail to sign or affix their seal and add a date on the record and the optometric examination result report as stipulated.
2. Optometric labs that violate Article 20, and fail to properly keep the job performance records, notes or prescriptions issued by physicians or fail to preserve them for three full years.
Article 50
Optometric personnel who are subject to suspension of business penalties but continue to practice shall have their practice licenses annulled; those who are subject to their practice licenses being annulled but continue to practice shall have their optometric personnel certificates annulled.
Article 51
Optometric labs that are subject to suspension of business penalties but continue to practice shall have their practice licenses annulled; those that are subject to their practice licenses being annulled but continue to practice shall have their principal optometric personnel’s certificates annulled.
Article 52
When an optometric lab is subject to a suspension of business penalty or annulment of its practice license, its principal optometric personnel shall be given suspension of business penalties or have their practice licenses annulled as well.
When the principal optometric personnel of an optometric lab are subject to a suspension of business penalty or annulment of their practice licenses, the optometric lab shall be given a suspension of business penalty or have its practice license annulled as well.
Article 53
Fines specified in this Act imposed on optometric labs shall be borne by the principal optometric personnel.
Article 54
Fines, suspension of business or annulment of practice license specified in this Act, unless otherwise stipulated in this Act, shall be sanctioned by the municipal or county (city) competent authority; annulment of an optician’s certificate shall be imposed by the central competent authority.