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Chapter Law Content

Chapter 8 Sanitation and Health Care
Article 41
Prisons shall exercise care to environmental health. Each Prison shall determine the period of regular environment health inspection in accordance with Article 51 of the Act based on the local situations. Such inspection shall be performed at least twice every year.
Prisons may ask local health, environmental protection authorities (agencies) or relevant authorities (agencies) to assist with the environmental health inspection under the preceding paragraph and may undertake required and feasible improvement measures immediately or gradually based on the requirements of health, environmental protection or other relevant equipment (facilities).
Prisoners shall cooperate with environmental cleaning work in Prisons to maintain public and personal hygiene.
Article 42
In requiring prisoners to take showers, shave and cut hairs in accordance with Article 53 of the Act, Prisons shall follow the principle of maintaining public hygiene and personal health.
Article 43
To promote self-management of prisoners’ health in accordance with Paragraph 1, Article 55 of the Act, Prisons shall implement health education and may ask local health competent authorities or medical institutions to provide assistance.
Aside from the controlled pharmaceutical products, prescriptions or the results of observations by Prisons Officers, where due care shall be exercised to the safekeeping and use of pharmaceutical products by specific prisoners, Prisons may promote regulations for self-management of health in accordance with Paragraph 1, Article 55 of the Act and allow prisoners to manage and use their pharmaceutical products.
When a prisoner asks to purchase any low-risk medical equipment or health product or for such equipment or product to be sent into Prison at the prisoner’s own cost in accordance with Paragraph 5, Article 55 of the Act, none of such equipment or product shall be provided for others’ use.
Article 44
When a prisoner or the nearest relatives or family members thereof seeks health examination inside Prison in accordance with Paragraph 3, Article 55 of the Act, the following shall be complied with:
1. A written statement shall be made to provide the reason of application, the medical staff that the prisoner wishes to engage, and it shall attach with documents showing a physician’s evaluation that the examination is required.
2. Following review and approval by the Prison, the prisoner or the nearest relatives or family members thereof may engage the medical staff to perform health examination inside Prison at the prisoner’s own cost.
3. In accessing the Prison to provide medical services, the medical staff engaged at the prisoner’s cost shall present practice license and supporting document showing approval to practice outside his/her practice site to the Prison; if required, the Prison may make verification with the practice site.
4. The medical staff engaged at the prisoner’s cost shall prepare and maintain records in accordance with the Medical Care Act and applicable medical staff regulations and the inspection records shall be delivered to the Prison for safekeeping. Any inspection report issued shall be consistent with medical professionalism and shall record the results of the examination.
5. The medical institution that employs the medical staff shall issue a receipt for the cost required for the implementation of health examination provided at the prisoner’s cost for payment by the prisoner’s nearest relatives or family members in principle; if required, the Prison may pay such cost out of the prisoner’s money under safekeeping or labor wage.
6. The Prison shall determine the time, location and manner of health examination to be performed in Prison by medical staff engaged at the prisoner’s cost based on the nature and actual situation.
Article 45
When a prisoner is sent to the hospital, the symptoms shall be provided truthfully; the prisoner shall follow the treatment instructed and shall not ask the physician to add any text that is irrelevant to the illness. If the prisoner seeks any disposition or special treatment that is not required for the treatment, the physician shall refuse such request.
Article 46
“Relevant information” referred to in Article 64 of the Act includes medical requirements and the care program and schedule.
When a Prison is unable to release the prisoner on bail, to another person’s custody or with limitation on residence in accordance with Article 63 of the Act, it shall give notice to the municipal or county (city) social welfare competent authority in accordance with Article 64 of the Act for placement by referral or other necessary dispositions. If no reply is received after a certain period, the Prison shall send a reminder.
The Prison shall submit documents and information about the placement under the preceding paragraph based on the reply from the municipal or county (city) social welfare competent authority to the prosecutor for the release of the prisoner; notice shall also be given to the social welfare competent authority with jurisdiction to the prisoner to be escorted to the specific placement location to complete takeover. If required, the Prison may send staff to escort the prisoner.