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Chapter Law Content

Title: Detention Act CH
Category: Ministry of Justice(法務部)
Chapter 7 Sanitation and Healthcare
Article 44
A detention center should monitor the physical and mental conditions of defendants and manage their medical treatment, preventive healthcare, screening, prevention of communicable diseases, and food hygiene.
A detention center may, based on its size, the people it holds and their characteristics, deploy medical personnel within the scope permitted by available resources to provide consulting services during nighttime and on holidays for determining whether to escort a defendant to medical services outside the detention center.
A detention center may entrust medical institutions or other professional institutions to handle the operations in two preceding paragraphs.
Medical institutions under the Ministry of Health and Welfare, Ministry of Education, Ministry of National Defense, Veterans Affairs Council, or municipal or county (city) government shall assist detention centers in undertaking operations specified in Paragraph 1 and Paragraph 2.
Health authorities shall regularly supervise, coordinate, and assist in improving operations specified in four preceding paragraphs. A detention center shall also coordinate with the local health authority in undertaking those operations.
Article 45
A detention center must be kept clean, conduct sanitary inspection regularly, and timely instruct defendants to engage in essential affairs, such as cleaning, washing and tidying clothes, blankets, and utensils.
Article 46
Defendants’ housing areas, workshops and other areas must be provided with sufficient space, lighting, and ventilation for the benefits of health. Defendants shall also be provided with sufficient bathroom facilities for their daily use.
Items provided by a detention center for usage by defendants must meet sanitary and safety requirements.
Article 47
To maintain the health and sanitation of defendants, a detention center shall provide cold and hot water and cleaning water based on the season, require defendants to take showers, and allow them to cut hair and shave.
Article 48
A detention center shall provide defendants with suitable space, facilities, and equipment for exercising.
With the exception of public holidays, rest days, or special circumstances, a detention center shall allow defendants to exercise one hour each day.
To maintain the health of defendants, the exercise space should be set up outdoors in principle; where necessary, defendants may exercise or participate in activities for relaxation at suitable places indoors.
Article 49
A detention center shall arrange regular health evaluation for defendants, and where necessary, arrange health examination for them and promote self-health management measures.
A detention center may perform necessary medical procedures when administering health examination specified in the preceding paragraph.
A defendant or a defendant’s nearest relative or family member may request the detention center to allow them to hire medical personnel at their own expense to perform health examination for the defendant inside the detention center under the circumstance that there will be no adverse impact on the order of the detention center and it is deemed necessary by a physician.
The detention center may provide defendants with the results of health examination specified in Paragraph 1 upon request.
A defendant may, for health reasons, request the purchase or the delivery of low-risk medical devices or health products at his/her own expense after a doctor has evaluated the feasibility of such use under the circumstance that there will be no adverse impact on the safety and order of the detention center.
Article 70 and Article 72 to Article 74 shall apply mutatis mutandis to the return or acceptance of items purchased or delivered in accordance with the preceding paragraph.
Article 50
To protect the health of defendants or to monitor their physical and mental conditions, a detention center may collect, process, or use the medical records, medical information, and personal information of defendants specified in Paragraph 1 of the preceding article and handle such information properly.
To implement actions in the preceding paragraph, a detention center may request authorities (agencies), legal entities, organizations, or individuals to provide relevant information, to which authorities (agencies), legal entities, organizations, or individuals may not refuse without legitimate reasons.
Regulations governing the scope, period, procedures, methodology, review, and other requirements for the investigation of defendant health information specified in Paragraph 1 shall be prescribed by the Ministry of Justice.
Article 51
Where a detention center reports a suspected case of communicable disease, the local health authority shall assist the detention center in prevention and handling. Where necessary, the local health authority may request the central health authority to provide assistance.
Where a detention center admits a defendant from or passing through areas with communicable diseases, the detention center may quarantine the defendant for a certain period of time, and take necessary procedures for items carried by such defendant
Where a defendant admitted by a detention center is suspected or diagnosed of a communicable disease by a doctor, the doctor may prescribe a certain period of quarantine and provide proper treatment. The length of treatment or regimen shall follow the doctor’s instructions or the instructions or guidance of the health authority. The items carried by the defendant shall be handled in accordance with necessary procedures.
Where a health authority notifies a detention center to transfer a defendant contracted with a communicable disease to a designated quarantine facility for treatment, the detention center shall immediately coordinate the escort and safety operations with the designated facility and report to the supervisory authority. Defendants receiving treatment in quarantine shall be regarded as under detention.
Article 52
A defendant who suffers from a disease and requires close observation and treatment based on a doctor’s evaluation may be accommodated in the patient ward of the detention center.
Article 53
Where a defendant eligible for enrollment in National Health Insurance (NHI) in accordance with the National Health Insurance Act or the child of a defendant brought into or born in a detention center contracts a disease, he/she shall receive medical treatment as a NHI insured person except where he/she has obtained approval for paying for his/her own medical expenses; where such a defendant does not have a NHI certificate, the detention center may, at its sole discretion, apply for a certificate on behalf of the defendant.
Where a defendant is eligible for enrollment in NHI but is temporarily suspended from receiving insurance coverage, the medical expenses of the defendant in the event of illnesses shall be borne solely by the defendant.
A detention center may deduct the following expenses payable by a defendant from the defendant’s money under safekeeping or labor wage:
1. Expenses incurred from medical services received under NHI coverage specified in Paragraph 1.
2. Expenses incurred from the replacement, reissuance, and application for NHI certificate.
3. Medical expenses in the preceding paragraph payable by the defendant.
Where a defendant or a child of a defendant brought into or born in a detention center is not eligible to enroll in NHI or where a defendant cannot afford to pay the expenses in Subparagraph 1 of the preceding paragraph due to financial difficulties, the detention center shall engage a medical institution or a doctor to provide treatment when the defendant or his/her child contracts a disease during admission or accommodation.
Regulations governing the criteria for determining financial difficulties described in the preceding paragraph, application procedures, and other requirements shall be prescribed by the Ministry of Justice.
Article 54
Where a defendant is injured or contracts a disease but refuses to accept medical treatment that his/her life may be in danger, the detention center shall immediately engage a doctor to provide treatment or send the defendant to a medical institution for treatment.
The medical and transportation expenses for delivering the defendant to a medical institution for treatment in the preceding paragraph shall be borne solely by the defendant.
A defendant being escorted to and treated at a medical institution specified in Paragraph 1 shall be regarded as under detention.
Article 55
After a defendant suffering from an injury or an illness has received medical treatment provided under NHI coverage or by a doctor arranged by the detention center and there is a legitimate reason for the defendant to obtain treatment from another doctor, a detention center may approve the request of the defendant to see another doctor inside the detention center at his/her own expense.
Where a defendant sees a doctor at his/her own expense according to the preceding paragraph but the defendant needs to be escorted to a medical institution for treatment, the detention center shall report the matter to the court that issues the detention order or the prosecutor in a written format afterwards.
Where a defendant who is denied visits and correspondence by the court that issues the detention order needs to be escorted to a medical institution for treatment at his/her expense according to the preceding paragraph, the detention center should, by its vested authority or at the request of the defendant, submit the defendant’s diagnosis information promptly to the court that issues the detention order for a decision. If the court grants an approval, the detention center will escort the defendant under guard to a medical institution for treatment. However in case of urgency, the detention center may first escort the defendant to a medical institution for treatment and inform the court that issues the detention order immediately. If the court does not think treatment at a medical institution should be allowed, it shall issue a ruling of revocation in five (5) days.
Regulations governing the application procedures for seeing a doctor at the defendant’s own expense in Paragraph 1, requirements, implementation method, time, place, payment of fees, and other requirements shall be prescribed by the Ministry of Justice.
Article 56
Where a defendant is injured or contracts a disease and the doctor seeing the defendant deems it necessary for the defendant to obtain treatment at a medical institution, the detention center may escort the defendant to a medical institution for treatment, and report the defendant’s diagnosis information to the court that issues the detention order or the prosecutor in a written format afterwards.
Where a defendant who is denied visits and correspondence by the court that issues the detention order has a situation specified in the preceding paragraph, the detention center should, by its vested authority or at the request of the defendant, submit the defendant’s diagnosis information promptly to the court that issues the detention order for a decision. If the court grants an approval, the detention center will escort the defendant under guard to a medical institution for treatment. However in case of urgency, the detention center may first escort the defendant to a medical institution for treatment and inform the court that issues the detention order immediately. If the court does not think treatment at a medical institution should be allowed, it shall issue a ruling of revocation in five (5) days.
If a defendant has any situation specified in either of the preceding two paragraphs, and the detention center knows that the defendant has a defense attorney, the detention center shall notify the defense attorney.
The transportation expenses for delivering a defendant to a medical institution for treatment shall be borne solely by the defendant. This shall not apply, however, if the defendant does not have the financial means to pay for such expenses.
A defendant being escorted to and treated at a medical institution shall be regarded as under detention.
Article 57
Where a defendant refuses food or drink, or fails to take medicine as instructed by a doctor that may put his/her life in danger, the detention center should immediately ask a doctor to provide treatment, and may allow the doctor to force-feed the defendant or take medically necessary forceful measures.
Article 58
Unless otherwise stipulated by law, no medical or scientific experiment that may damage a person's health can be conducted on a defendant even with the consent of the defendant.
Unless otherwise stipulated by law, blood or other specimens taken from a defendant for diagnosis, treatment or health examination cannot be utilized for any other purposes.