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Chapter Law Content

Title: Physicians Act CH
Category: Ministry of Health and Welfare(衛生福利部)
Chapter 3 Obligations
Article 11
A physician may not treat, issue prescription or certificate of diagnosis to patient not diagnosed by the physician himself or herself.In mountain areas, on outlying islands, in remote areas, or under special or urgent circumstances, however, and in response to medical needs, physician appointed by the competent authoritiy in a special municipality or county (city) may use telecommunications methods to inquire about illness, set diagnosis and issue prescriptions, and treatment may be dispensed by nursing or obstetrics personnel belonging to health organizations.
The telecommunications diagnosis and treatment formulated in the proviso in the previous item, the related treatment items, appointment of physician and telecommunications methods shall be defined by the competent central authority.
Article 11-1
A physician may not issue a death certificate or a stillbirth certificate if the autopsy has not been performed by the physician.
Article 12
Practicing physicians shall keep signed or sealed medical records stating year, month and date.
In addition to the cover of the medical record mentioned in the previous item clearly stating patient name, date of birth, sex and address, it shall also include at least the following items:
1. date of diagnosis
2. main treatment
3. checked items and results
4. diagnosis or name of disease
5. treatment or medication progress
6. other items that should be noted
Medical records shall in accordance with the law be kept by the medical organization where the physician practices.
Article 12-1
When diagnosing and treating patients, a physician shall inform the patient or the patients family of the status of the disease, treatment principles, treatment, medication, prognosis and possible unfavorable reactions.
Article 13
When issuing prescriptions, physicians shall clearly state the following on the signed or sealed prescription slip:
1. physicians full name
2. patient name, age, name of medication, dosage, amount, use and year, month and date prescription was issued
Article 14
With respect to a medication that a physician delivers to a patient whom he/she diagnoses and treats, the physician shall specify on the container or package of the medicament the name and sex of the patient; name, quantity, effects, or indications of the medication; dosage; instruction; cautions or side effects; name and place of the medical institution; name of the drug dispenser; and year, month, and date of the dispensation.
Article 15
Discovery of infectious disease or suspected infectious disease when diagnosing and treating patients, or when performing autopsies, shall be handled according to the regulations in the Infectious Disease Prevention Act.
Article 16
If performance of autopsy leads to discovery of or suspicion that death was due to unnatural causes, the investigative agencies shall be informed and requested to PERFORM A DETAILED EXAMINATION in accordance with the law.
Article 17
Unless there is a legal basis for doing so, a physician may not deny to issue a certificate of diagnosis, birth certificate, death certificate or stillbirth certificate.
Article 18
Article 19
A physician may not use controlled or toxic drugs for reasons other than legitimate treatment.
Article 20
Payment for treatment by physician shall be collected by the medical organization in accordance with the Medical Treatment Act.
Article 21
A physician may not without reason delay treatment according to his professional abilities of a critically ill patient, nor may he without reason delay the adoption of necessary measures.
Article 22
When receiving an inquiry or being asked for an appraisal by the concerned authorities, a physician may not submit a false explanation or report.
Article 23
In addition to the regulations in the previous article, a physician may not without reason reveal information about a patients condition or health information that he or she is aware of or in possession of as a result of his or her practice.
Article 24
A physician is obliged to follow the directions of the competent authorities in cases of natural disaster, political or military coups and items related to legally defined prevention of infectious disease.