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Chapter Law Content

Title: Forensic Pathologist Act CH
Category: Ministry of Justice(法務部)
Chapter 7 Supplements
Article 44
Medical schools or its affiliated hospitals and teaching hospitals above a certain size shall have its own forensic pathology department; the rules for establishing such departments shall be stipulated by the Central Competent Health Authority and related authorities.
Article 45
Law and regulations regarding appointment, remuneration, performance evaluation, rewards and punishments, retirement, relief and severance of governmental employees shall be applied to forensic pathologists working in judicial organs, military institutes or administrative agencies.
Article 46
When a current forensic pathologist employed pursuant to the Medical Personnel Act prior to the effective date of this Act participates in the performance appraisal according to his/her medical personnel grade after being appointed pursuant to the Civil Service Employment Act, his/her annual appraisals may be combined with the affirmed qualified grade in order to achieve a higher level appointment qualification in accordance with Article 11 paragraph 1 of the Civil Service Performance Evaluation Act. If he or she may obtain the ninth grade at the associate official ranks, the remaining appraisal and seniority may be combined and treated as appraisal and seniority prescribed in the Article 17 paragraph 2 of the Civil Service Employment Act.
Article 47
A person who has passed a civil service 3rd-level senior examination or an equivalent special forensic pathologist examination prior to the effective date of this Act may apply for a forensic pathologist certificate.
A person who has been a forensic pathologist in agencies affiliated with the Department of Justice and his/her appointment has been affirmed according to related laws may apply for a forensic pathologist certificate.
A person may apply for a forensic pathologist certificate within three years from the effective date of this Act if he or she has met one of the following conditions prior to the effective date of this Act:
1. He or she has held a physician license and has practiced for more than five year examination and autopsy or forensic identification in domestic public or private medical schools or teaching hospitals;
2. He or she has held a physician license and has been recruited and appointed by the agencies affiliated with the Department of Defense or the Department of Justice as a forensic consultant, an honored forensic pathologist, an adjunct forensic pathologist or a specially contracted forensic pathologist and has practiced for more than five year examination and autopsy or forensic identification.
Rules for applying a forensic pathologist certificate prescribed in the preceding paragraph shall be stipulated by the competent authority.
Article 48
No later than 9 years after the effective date of this Act, physicians shall not perform inspections and autopsies as prescribed under the Code of Criminal Procedure unless in conditions of major disasters or accidents or when there are insufficient forensic pathologists in isolated islands or remote areas after recruiting specially contracted forensic pathologists or honored forensic pathologists.
Article 49
(Deleted)
Article 50
This Act shall apply to inspections and autopsies authorized by military prosecution agencies except as otherwise required by the Military Trial Act.
Article 51
The competent authority shall charge certificate fees, examination fees and license fees when issuing certificates or licenses pursuant to this Act. The standards of charges and fees shall be stipulated by the competent authority.
Article 52
The implementation rules of this Act shall be stipulated by the competent authority.
Article 53
This Act shall take effect one year after the date of its promulgation.
The Act will be put into effect on the date of its promulgation, except for Articles which were amended and promulgated on December 15, 2009 and took effect on November 23, 2009, and Articles which were amended and promulgated on December 5, 2012 and took effect on December 28, 2012.