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

Print Time:2024/04/23 23:04
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Chapter Law Content

Title: Mental Health Act CH
Category: Ministry of Health and Welfare(衛生福利部)
Chapter 6 Penalty Provisions
Article 51
Teaching hospitals violating any provision of Article 47 or Article 48 or psychiatric institutions violating any provision of Article 49 or Article 50, shall be fined between NT$ sixty thousand and three hundred thousand; in the case of severe violations, business suspension, ranging between one month and one year, may be additionally imposed.
Non-teaching hospitals conducting the special treatments mentioned in Article 47 shall be fined between NT$ two hundred thousand and one million; in the case of severe violations, business suspension for a period ranging between one month and one year, or annulment of practice license shall be imposed additionally.
Article 52
Communication media violating the provisions of Article 23 shall be fined between NT$ one hundred thousand and five hundred thousand and be requested to make correction within a specified period of time; if correction is not made in due time, penalties shall be imposed per occurrence consecutively.
Article 53
In the case of violating provisions of Paragraphs 1 and 2 of Article 30, the persons in charge shall be fined between NT$ six thousand and thirty thousand.
Article 54
For any of the violations listed below, a fine ranging between NT$ thirty thousand and one hundred fifty thousand shall be imposed, and corrections be made within a specified period of time; if correction is not made in due time or in the case of severe violations, business suspension, ranging between one month and one year, or annulment of practice license shall be imposed additionally:
1. Mental health rehabilitation institutions violating provisions relevant to establishment and management of regulations pursuant to Paragraph 2, Article 16;
2. Psychiatric institutions enforcing emergency placement or mandatory hospitalization of patients without complying with the procedures prescribed in Paragraphs 2 or 3 of Article 41 or Article 42;
3. Psychiatric institutions enforcing mandatory community treatment of patients without complying with the diagnosis or application procedures prescribed in Article 45;
4. Mental health care institutions violating provisions of Article 37.
Article 55
For those violating any provisions of Article 22, Article 24, Article 25, Paragraph 3 of Article 29, paragraph 1 of Article 34, or Article 38, a fine ranging between NT$ thirty thousand and one hundred fifty thousand shall be imposed.
Article 56
For those violating provisions of Paragraph 3 of Article 33, a fine ranging between NT$ twenty thousand and one hundred thousand shall be imposed.
Article 57
Those violating any of the provisions of subparagraphs of Article 18 shall be fined between NT$ thirty thousand and one hundred fifty thousand and their names may be announced.
Protectors of patients violating provisions of subparagraphs of Article 18 shall be fined according to the preceding Paragraph, in addition, the municipality or county (city) competent authorities may order them to receive counseling education ranging between eight and fifty hours, which are arranged by the municipality or country (city) competent authorities of social affairs, and charge necessary fees; local autonomy regulations regarding fees charged shall be promulgated by the municipality or country (city) competent authorities of social affairs.
For those who refuse to receive counseling education prescribed in the preceding Paragraph or those whose hours of education are not sufficient, a fine ranging between NT$ three thousand and fifteen thousand shall be imposed; those who still refuse to receive counseling education even after further notification, shall be fined consecutively per occurrence until they participate.
Article 58
For psychiatric institutions violating relevant provisions of this Act, the penalties prescribed in Article 51, Article 54 and Article 55 shall be imposed; in addition, the actors shall be fined according to each respective Article.
Article 59
The fines prescribed in this Act, in the case of private mental health care institutions, shall be imposed on the in-charge physicians or persons. However, if the actor on whom additional penalty is imposed in the case of mental health care institution is the same as the one in the above case, no separate penalty will be imposed.
Article 60
The fines, business suspension, and annulment of practice license prescribed in this Act, other than the conditions below, shall be imposed by the municipality or county (city) competent authorities:
1. The fine prescribed in Paragraph 1 of Article 51 shall be disposed by the central competent authority.
2. Article 52 may be imposed by the central, municipality, or county (city) competent authorities.
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