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

Print Time:2024/04/13 10:53
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Chapter Law Content

Title: Physicians Act CH
Category: Ministry of Health and Welfare(衛生福利部)
Chapter 4 Rewards and punishment
Article 24-1
Physicians offering major contributions to medical research and medical treatment shall be rewarded by the competent authorities. Reward regulations shall be formulated by the competent central health authority.
Article 25
A physician guilty of any of the following conditions shall be disciplined by the Medical Association or the competent authority.
1. major or repeated professional mistakes
2. taking advantage of professional opportunity to commit a criminal act, confirmed by a conviction
3. excessive use of medication or treatment not due to treatment needs
4. violating medical ethics in his or her professional practice
5. any inappropriate professional behavior apart from the previous four clauses and each clause in Article 28-4
Article 25-1
Disciplinary measures for physicians are as follows:
1. warning
2. ordered to receive a specified amount of further continued training or further clinical education
3. limitations to scope of professional practice or professional suspension for a period no shorter than one month and no longer than one year
4. cancellation of professional license
5. cancellation of physician license
Disciplinary measures in the previous item that do not conflict may be combined into one disciplinary measure.
Article 25-2
Disciplinary measures against a physician shall be handled by the Committee on the Discipline of Physicians.
The Committee on the Discipline of Physicians shall notify a physician subjected to disciplinary measures about the disciplinary measure, and request that he or she submit a reply, or appear in person before the committee to deliver a presentation, within 20 days from the day following the day of receipt of the notification. If a physician does not submit a reply or appear in person before the committee to deliver a presentation within the specified period of time, the Committee on the Discipline of Physicians may make a resolution.
Anyone subjected to a disciplinary measure and not accepting the resolution of the Committee on the Discipline of Physicians may request a review by the Physicians Disciplinary Review Committee within 20 days from the day following the day of receipt of the resolution.
The resolution on disciplinary measures by the Committee on the Discipline of Physicians and the Physicians Disciplinary Review Committee shall be submitted to the competent authority for implementation.
The Committee on the Discipline of Physicians and the Physicians Disciplinary Review Committee shall be made up by medical and legal experts and scholars and members of civil society not holding elected office. The proportion of legal experts and scholars and members of civil society may not be less than one third.
The Committee on the Discipline of Physicians shall be established by the competent central authority or the competent special municipality or county (city) authority. The Physicians Disciplinary Review Committee shall be established by the competent central authority. Regulations for procedures for handling the establishment, organization, meetings, disciplinary measures or reviews and other items that shall be abided by will be formulated by the competent central authority.
Article 26
(delete)
Article 27
Physicians violating paragraph 2 of Article 8, Article 9, or paragraph 1 of Article 10 shall be fined no less than NT$20,000 and no more than NT$100,000, and they shall be ordered to make improvements within a limited time period. Those who do not make improvements within this timeframe shall be liable to fines.
Regulations in paragraph 1 of Article 8 relating to practice shall apply to physicians violating paragraph 1 of Article 8, Article 8-2, or paragraph 4 of Article 10 and shall be fined no less than NT$20,000 and no more than NT$100,000.
Article 28
Anyone practicing as a physician without having obtained a physician license shall be sentenced to prison for a period of no less than 6 months and no more than 5 years. A fine of not less than NT$300,000 and not more than NT$1,500,000 may also be levied. Anyone meeting the following conditions, however, is exempt from punishment:
1. Students or graduates of medical colleges or universities serving an internship in a medical organization approved by the competent central authority under the supervision of a physician.
2. Nursing, obstetrics, or other medical personnel in a medical organization under the supervision of a physician.
3. Those meeting the conditions of the proviso in paragraph 1 of Article 11.
4. Those providing emergency assistance.
5. Those with a valid short-term practice license issued by competent central authorities and meeting the regulations listed in paragraph 2 of Article 41-6 regarding practice registration, location, and regulations which must be complied with while practicing medicine.
6. Foreign medical personnel receiving clinical medicine training in teaching hospitals or conducting short-term clinical medicine teaching and who meet the regulations listed in paragraph 4 of Article 41-7 regarding location and duration where the practice is permitted and regulations which must be complied with while practicing medicine.
Article 28-1
(delete)
Article 28-2
Anyone in violation of Article 7, Item 2, shall be fined an amount not less than NT$30,000 and not more than NT$50,000.
Article 28-3
(delete)
Article 28-4
Physician meeting any of the following conditions shall be fined an amount of not less than NT$100,000 and not more than NT$500,000.The professional scope of the physicians practice may also be limited and the practice suspended for a period of not less than one month and not more than one year, or the practice license may be cancelled. In serious cases, the physicians physician certificate may also be cancelled:
1. administering treatment that by the competent central authority has been defined as prohibited treatment
2. using drugs the use of which have been banned by the competent central authority
3. hiring or maintaining staff that are in violation of Article 28 to administer medical services
4. renting or lending a physician or Diplomate certificate for the use of others
5. providing false diagnosis certificates, birth certificates, death certificates or stillbirth certificates
Article 29
Anyone in violation of Articles 11 to 14, 15, 17, or 19 to 24 shall be fined an amount of not less than NT$20,000 and not more than NT$100,000.However, physicians using controlled drugs in violation of Article 19 shall be penalized in accordance with the Statute for the Control of Controlled Drugs.
Article 29-1
Physicians continuing their practice after having been order to suspend it shall have their practice license cancelled. Physicians continuing their practice after having had their practice license cancelled, shall have their physician license cancelled.
Article 29-2
Fines, limitations to scope of practice, suspension and cancellation of practice license shall be determined by competent authority in the special municipality or county (city).Cancellation of physician license shall be determined by the competent central authority.
Article 30
(Removed)
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