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Chapter Law Content

Title: Forensic Pathologist Act CH
Category: Ministry of Justice(法務部)
Chapter 6 Rewards and Punishment
Article 32
The competent authority shall praise or reward the forensic pathologist who has made significant contributions to research on the forensic pathology or practice.
Article 33
The competent authority or the Forensic Pathologist Association may initiate disciplinary actions against a forensic pathologist who has:
1. Been convicted of a crime; but unintentional crimes are excluded;
2. Seriously or repeatedly violated practice standards;
3. Seriously violated the ethical codes or the bylaw of the Forensic Pathologist Association;
4. Engaged in improper practices.
The Forensic Pathologist Association may through a resolution reached at a General Meeting or at a Joint Executive Supervisory Meeting refer a forensic pathologist for disciplinary proceedings to the Forensic Pathologists Discipline Committee.
Article 34
The Forensic Pathologists Discipline Committee may use any of the following methods in disciplining a forensic pathologist:
1. Warnings;
2. Reprimands;
3. Place limitations on the license or suspend the license for not less than 2 months and not more than 2 years;
4. Abolish the practicing license;
5. Abolish the forensic pathologist certificate
Article 35
The Forensic Pathologists Discipline Committee shall have jurisdiction over disciplinary actions against any forensic pathologist.
Upon receiving a case, the Forensic Pathologists Discipline Committee shall notify the forensic pathologist accused and require him or her to respond within 20 days of receiving notification or schedule a date and time for oral argument before the Committee. The Forensic Pathologists Discipline Committee may make its decision if the forensic pathologist accused fails to respond or attend the disciplinary hearing as requested.
The forensic pathologist accused may appeal the Forensic Pathologists Discipline Committee’s decision to the Forensic Pathologists Discipline Review Committee within 20 days of receiving the written decision.
Decisions of the Forensic Pathologists Discipline Committee and the Forensic Pathologists Discipline Review Committee shall be implemented by the competent authority.
Article 36
The Forensic Pathologists Discipline Committee and the Forensic Pathologists Discipline Review Committee shall be selected from forensic pathology experts, legal professionals, scholars and social elites. No less than one third of the committee members shall be selected from legal professionals, scholars and social elites.
Establishment, composition, and meeting procedure of the Forensic Pathologists Discipline Committee and the Forensic Pathologists Discipline Review Committee and procedure, requirements for resolutions and other compliance related matters shall be stipulated by the competent authority.
Article 37
Whoever practices as a forensic pathologist without a forensic pathologist certificate shall be subject to imprisonment no less than six months but no more than five years and, in addition thereto, a fine of not less than NT$300,000 but not more than NT$1,500,000.The following shall be excluded from being subject to the penalties prescribed in this paragraph:
1. Intern practices in accordance with Article 4 of this Act;
2. Physicians, medical laboratory scientists or other professionals’ practice involving the scope of practice of a forensic pathologist but in accordance with regarding laws regulating the profession of physicians, medical laboratory scientists or other professional technicians.
3. Practices of employees of administrative agencies or schools in charge of identification in accordance with related laws or organizational rules.
Article 38
Whoever violates Article 7 shall be fined not less than NT30,000 nor more than NT150,000.
Article 39
Whoever violates Article 14 paragraph 1 or paragraph 2, Article 16 or Article 17 paragraph 1 or paragraph 2 shall be fined not less than NT20,000 nor more than NT100,000. The competent authority shall also order such person to make improvements within a specified time period. Such person may be fined for each violation of an improvement order.
Article 40
Whoever violates Article 18 paragraph 1 or sell or furnish his/her forensic pathologist certificate or forensic pathology specialist certificate to others shall be fined not less than NT50,000 nor more than NT250,000. Such person shall also be ordered to limit the scope of practice, be suspended from practice for not less than one month nor more than six months or have his or her practice license abolished. Where there is a serious violation, the competent authority shall abolish his/her forensic pathologist certificate.
Article 41
Whoever violates Article 18 paragraph 2 or paragraph 3, Article 20 or Article 21 shall be fined not less than NT20,000 nor more than NT100,000.
Article 42
The competent authority shall abolish his/her practice license if the forensic pathologist practices in violation of order of suspension. The competent authority may abolish his or her forensic pathologist certificate if the forensic pathologist practices while his/her practice license has been abolished.
Article 43
The competent authority shall have the powers to impose fine, limit the scope of practice, suspend from practice, and abolish the practice license on violators of this Act.