Chapter 6 By-laws
Article 41-3
A foreigner may attend a physician examination in accordance with the laws of the Republic of China.
When a foreigner passes the examination under the preceding paragraph and receives a physician certificate, his/her practice in the Republic of China shall be subject to the approval by the central competent authority. Such a person shall also comply with the applicable laws of the Republic of China in relation to medical treatment, the code of medical ethics, and the articles of association of medical associations. The regulations for the approval and management of such practice shall be established by the central competent authority.
In case of breach of the preceding paragraph, in addition to sanctions in accordance with the law, the central competent authority may annul the approval.
Article 41-4
When approving and issuing a certificate in accordance with This Law, the competent central, special municipality or county (city) authority may collect a certification fee or a license fee. The size of the fee shall be decided by the competent central authority.
Article 41-5
Anyone holding a Second Degree Taiwan Province Physician Certificate issued according to the Regulations for the Practice of Second Degree Taiwan Province Physicians prior to the amendment and implementation of This Law may continue his or her medical practice, and the regulations in Article 28 will not apply.
The management of "Second Degree Taiwan Province Physicians" mentioned on the previous item shall follow the regulations regarding physicians practice in This Law.
Article 41-6
Under special circumstances or emergency status as announced by the competent central authority, physicians with physician licenses or permits to practice medicine from countries or areas such as the USA, Japan, Europe, Canada, South Africa, Australia, New Zealand, Singapore, or Hong Kong and who have practiced clinical medicine for at least 10 years may apply to competent central authorities for a short-term practice certificate with a validity lasting no more than 1 year. Upon expiration of the certificate, if necessary, certificate holders may apply to competent central authorities for an extension.
Regarding the short-term practice certificate mentioned in the previous paragraph, the competent central authority regulates the application qualifications, procedures, documents and data required in application, certificate issuing, period of validity, invalidation, extension, alteration, practice registration, location, limitation to the number of applicants, regulations for practicing medicine, and other matters with which compliance is essential.
Article 41-7
Teaching hospitals that accept foreign medical personnel for participation in clinical medical training shall assign medical training personnel to provide onsite coaching and obtain patients’ consent.
When teaching hospitals invite foreign medical personnel to participate in short-term clinical medical teaching and when their clinical teaching process involves medical practices, they shall obtain the patients’ consent beforehand and ensure the onsite presence of Taiwanese physicians.
Prior to the implementation of the situations outlined in the two preceding paragraphs, teaching hospitals shall apply to the competent central authority for approval.
Regarding the teaching hospitals and foreign medical personnel mentioned in the three preceding paragraphs, the competent central authority regulates their qualifications, the documents required from them upon application, the procedure, the location and duration where the practice is permitted, invalidation, regulations on practicing medicine, and other matters with which compliance is essential.
Article 42
Enforcement rules to this Law will be formulated by the central competent authority.
Article 43
This law is valid from the date of promulgation.