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Title: Nursing Personnel Act CH
Category: Ministry of Health and Welfare(衛生福利部)
Chapter Six Associations
Article 43
Municipal or county (city) nursing personnel associations are established. A national nursing personnel association may be established.
Article 44
The district of a nursing personnel association shall correspond to the existing administrative district. Only one (1) association of the same level may be established in the same district. However, this rule does not apply to those established prior to the adjustments of the administrative districts.
Article 45
The establishment of a municipal or county (city) nursing personnel association shall be initiated by no less than nine (9) practicing nursing personnel who practice in the jurisdiction of the association. If a district has fewer than nine (9) persons, they shall either join the neighbouring association or establish an association with others jointly.
Article 46
(Deleted.)
Article 47
The establishment of a national nursing personnel association can be initiated after more than one-third (1/3) of the municipal or county (city) nursing personnel associations complete their establishment.
The municipal or county (city) nursing personnel associations set forth in Article 45 of the Act shall join the aforesaid national nursing personnel association after its establishment.
Article 48
Nursing personnel associations at each level shall be administered by the competent authorities of civil associations; however, their intended business shall be supervised and monitored by the competent authority.
Article 49
Nursing personnel associations at each level shall appoint directors and supervisors elected by members (representatives of members) in general (representatives of members) meetings and boards of directors and supervisors shall be established. The number of the appointed directors and supervisors shall be as follows:
1. The number of the directors of a municipal or county (city) nursing personnel association shall not exceed twenty-seven (27).
2. The number of the directors of a national nursing personnel association shall not exceed thirty-five (35).
3. The number of the directors of a nursing personnel association shall not exceed one-half (1/2) of the number of the entire members (representatives of members) of the association. This Paragraph applies to nursing personnel associations at each level.
4. The number of the supervisors of a nursing personnel association shall not exceed one-third (1/3) of the number of the association’s directors. This Paragraph applies to nursing personnel associations at each level.
The number of the alternative directors or supervisors of the association shall not exceed one-third (1/3) of the total number of directors or supervisors of the same association.
When the number of the directors or supervisors in a nursing personnel association exceeds three (3) persons, standing directors and standing supervisors shall be elected among them. The president of the association shall be elected by the directors from the standing directors, or from the directors when there are no standing directors. In the case that there are more than three (3) standing supervisors, one (1) convener of the supervisory board shall be elected among them.
Article 50
The term of office of a director and a supervisor shall be three (3) years. No more than one-half (1/2) of the directors or supervisors shall be re-elected and the president shall be re-elected only once.
Article 50-1
The candidates for the election of directors and supervisors to a higher-level nursing personnel association are not limited to the representatives of members designated by the lower-level nursing personnel associations.
The representatives of members who are designated by the nursing personnel associations to participate in a higher-level nursing personnel association are not limited to directors and supervisors of the lower-level nursing personnel associations.
Article 51
A nursing personnel association shall hold a general (representatives of members) meeting once each year; it shall hold special meetings when necessary. When the number of the members of a nursing personnel association exceeds three hundred (300), the association shall delimit regions on the basis of the distribution of the members and in accordance with the provisions of the Chapter of the association and the number of the representatives of members shall be elected based on the ratio of the members. The association shall hold general meetings and exercise the powers of general meetings.
Article 52
A nursing personnel association shall formulate a Chapter of the association, prepare a list of members and the resumes of its staff and submit them to the competent authorities of civil associations for registration and to the competent authorities at central level and local level respectively for record.
Article 53
The following items shall be included in the Chapters of the association of nursing personnel associations at each level:
1. Title, region and location of the association;
2. Missions, organisation, tasks or enterprises;
3. Membership participation and withdrawal;
4. Membership fees and payment periods;
5. Formulation and office term of the representatives of members;
6. Quotas, designated powers, office terms, election and discharge of directors and supervisors;
7. Rules governing general (representatives of members) meetings and meetings of board of directors and of board of supervisors;
8. Rules to be abided by members;
9. Budgets and accounting;
10. Amendment of the Chapter of Association; and
11. Other necessary matters of a nursing personnel association to be manifested or handled according to the laws and orders.
Article 54
For violations of the laws and orders or Chapter of Association committed by a nursing personnel association, the competent authorities of civil associations may render the following dispositions:
1. Demerit of warning;
2. Revocation of the resolution;
3. Discharge of the directors and supervisors; or
4. Rectification under a deadline.
The dispositions of Subparagraph 1 and Subparagraph 2 in the preceding Paragraph may also be rendered by the competent health authority.
Article 54-1
Nursing personnel associations at municipal or county (city) level are obliged to abide by the Chapter of Association and resolutions of a national nursing personnel association.
Article 55
A member of a nursing personnel association who is in violation of the laws and orders or his/her nursing personnel association’s Chapter shall be disposed by the association according to the association’s Chapter and resolutions rendered by the association’s board of directors, board of supervisors or general (representatives of members) meetings.
Article 55-1
In issuing certificates or licenses in accordance with this Act, the central, municipal or county (city) competent authorities may collect fees for certificates or licenses; the amount of fees shall be decided by the central competent authority.
Article 55-2
Any national nursing personnel association which was registered before the implementation of the provisions of this Act amended on 9 January 2007, shall finish reconstructing itself within four (4) years of the date of the implementation of this Act. Nursing personnel associations which were registered before the implementation of the said Act shall handle their dissolutions together.
Article 55-3
Foreign citizens may apply for the nursing personnel qualification examination in accordance with the laws and regulations of the Republic of China.
Foreign citizens who pass the nursing personnel qualification examination prescribed in the preceding Paragraph, acquire the nursing personnel certificate and practice the functions of nursing personnel in the Republic of China shall have the permission of the central competent authority to practice nursing and shall be subject to the domestic laws and orders related to nursing and medical care and the Chapter of Association of the nursing personnel associations. Regulations governing management and permission to practice nursing shall be determined by the central competent authority.
For violations of the provisions of the preceding Paragraph, in addition to punishment in accordance with the law, the central competent authority may also annul the permission to practice nursing.