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Chapter Law Content

Title: Social Worker Act CH
Category: Ministry of Health and Welfare(衛生福利部)
Chapter 3 Practice
Article 9
A social worker who wants to engage in the profession shall send social worker certification to the competent authority of municipality or county (city) where he is located and apply for register and then start to engage in the profession after being granted to business license
Article 10
Whoever has any one of the following conditions shall not be granted a practice license; if he/she already obtained one, it shall be revoked or abolished:
1.His/her social worker certificate was revoked or abolished.
2.His/her practice license has been revoked for less than one year.
3.Based on objective facts, he/she has been confirmed that he/she has not been able to practice the work by a professional panel composed of relevant medical specialists, social workers, scholars and experts invited by the municipal and county (city) authorities.
4.He/she has been under commencement of guardianship or assistance and such commencement of guardianship or assistance has not yet been revoked.
Once the causes prescribed in the preceding subparagraphs 3 & 4 cease to exist, he/she may still apply for a practice license according to this Act.
Article 11
A social worker shall send a report to former license granted authority for future reference within 30 days since the fact of change has happened when he goes out of business, puts up the shutters, reopens or changes administrative region
When he changes administrative region for his business prescribed in the preceding paragraph, he shall apply for business license according to the provision of Article 9.
If a social worker dies, the former license granted authority shall write off his business license.
Article 12
A social worker shall engage in the following business:
1. social and psychological evaluation and disposition of the problems about behavior, social relationship, marriage, social adaptation and so on;
2. protective services prescribed in each relevant social welfare act;
3. prevent and support services for an individual, a family, an organization and a community;
4. development, conformity, exertion, distribution, and transfer of social welfare service resources;
5. Design, manage, study, develop, guide, appraise, educate, train, etc. social service programs as it relates to social service agencies and groups or disease control, employment, education, law enforcement, national defense fields. design, management, research and development, supervision, evaluation and training of social welfare projects implemented by social welfare organization or projects or in the fields of health, job-placement, education, justice and national security;
6. maintenance of the people’s social welfare rights;
7. any other business which has been confirmed by the central competent authority or together with target enterprise competent authority.
Article 13
A social worker shall be subject to one place of practice only. However, coordination between agencies, organizations and groups or those who have obtained prior approval are exempt.
Article 14
A social worker shall not give a false statement or report when he is inquired by the competent authority or judicial police.
Article 15
A social worker and staff of social work office shall not give away other’s secret gained or hold in his business without reason.
Article 16
A social worker shall write a social work record when he is working and the record shall be preserved by practice organ(institution), organization and office for not less than seven years.
Article 17
The behavior of a social worker shall comply with the provisions of social work ethic regulation.
The ethic regulation prescribed in the preceding paragraph shall be enacted by the National Social Worker Consortia and Association and be reported to the central competent authority for check and reference after being passed by the members (member’s representatives) convention.
Article 17-1
A social worker guilty of any of the following conditions shall be disciplined by the social worker association or the competent authority:
1.Major or repeated professional mistakes.
2.Violating Articles 14 and 15.
3.Violating the ethic regulation in the first paragraph of the preceding article in his or her professional practice.
4.Any inappropriate professional behavior apart from the preceding three subparagraphs.
Article 17-2
Disciplinary measures for social workers are as follows:
1.Warning.
2.Order to receive a certain number of hours of continued education or study in addition to the first paragraph of Article 18.
3.Restriction on the scope of practicing business or business suspension for a period not less than one month but not more than one year.
4.Abolishment of the practice license.
5.Abolishment of the social worker certificate.
The disciplinary measures in the preceding paragraph may be combined into one single disciplinary sanction provided that there is no conflict in nature of such disciplinary measures.
Article 17-3
Disciplinary actions imposed on social workers shall be handled by the social worker disciplinary committee.
The social worker disciplinary committee shall give notice to the social worker subject to the disciplinary action and shall give such social worker 20 days from the day following the service of the notice to submit a defense or make a statement to the committee on the designated date. If the defense is not timely submitted or a statement is not made to the committee on time, the social worker disciplinary committee may enter into a resolution at the discretion of the committee.
If the disciplined party objects to the resolution made by the social worker disciplinary committee, an appeal may be filed with the social worker disciplinary appeal committee within 20 days from the day following the service of the written resolution.
Disciplinary resolutions made by the social worker disciplinary committee and the social worker disciplinary appeal committee shall be forwarded to the competent authority with jurisdiction for execution.
The members of the social worker disciplinary committee and the social worker disciplinary appeal committee shall be appointed by selection from experts and scholars in the fields of social work and law as well as members of the society who are not legislative representatives, in which legal experts and scholars and members of the society shall not constitute less than one-third (1/3) of all members.
The social worker disciplinary committee shall be established by the central, municipal or county (city) competent authority. The social worker disciplinary appeal committee shall be established by the central competent authority. The procedures of establishment, organization, meetings, discipline, appeal, and the rules of other matters shall be established by the central competent authority.
Article 18
The social worker and vocational social worker, shall receive continuing education, providing complete continuing education supporting documentation every 6 years, to renew his business license. The above social worker and vocational social worker continuing education course material, scores, completion method, continuing education completion documents, profession license renew process and other related processes shall be determined by the central competent authority.
Article 19
When the social worker practices the business according to the law, no person shall hinder his or her professional practice by means of violence, coercion, intimidation, public insults or other illegal methods.
If the social worker, in the course of practicing the business under the first to third subparagraphs of Article 12, encounters hindrance or becomes a victim of unlawful physical or mental assault, he or she may request necessary assistance from the police authority; in case that the occurrence has taken place, the police authority shall eliminate or restrain it; in case that criminal liabilities have arisen, such occurrence shall be referred to the judicial authority for investigations.
If the social worker is involved in litigation due to the risks in the preceding two paragraphs, his or her affiliated agency (institute) or organization shall provide the necessary legal aid.
Article 19-1
The social worker’s affiliated agency (institute), organization, and office shall protect his or her safety when he or she practices the business and shall provide necessary safeguarding measures.
If the social worker’s affiliated agency (institute), organization, and office do not provide safeguarding measures in the preceding paragraph or insufficiently do so, the social worker may request provision, and his or her affiliated agency (institute), organization, and office may not refuse.
The safeguarding measures in the first paragraph shall be handled in accordance with occupational safety and health regulations prescribed by the central competent authority and the target enterprise competent authority.
Article 20
In the course of the social worker performing services in accordance with the relevant laws and the ethical code of the profession, if involving legal representation, the associated organization and office shall provide the necessary legal aid.