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Chapter Law Content

Title: Medical Care Act CH
Category: Ministry of Health and Welfare(衛生福利部)
Chapter IX Penal Provisions
Article 101
Any person who violates any of the provisions of Paragraph 1 of Article 17, Paragraph 1 of Article 19, Article 20, Paragraph 1 of Article 22, Paragraph 1 of Article 23, Paragraph 1 of Article 24 or Paragraph 2 of Article 56, and does not cease the law-violating act within the given time limit after receiving a warning, shall be subject to a fine of no less than NT$10,000 but no more than NT$50,000.
The fine may be imposed consecutively for repeated violations.
Article 102
Persons under the following conditions shall be subject to a fine of no less than NT$10,000 but no more than NT$50,000 and given a time limit to cease the law-violating act; persons who do not comply shall be subject to a successive fine:
1. Violation of any of the provisionsofParagraph1ofArticle 25, Article 26, Paragraph1ofArticle 27, Article 59, Paragraphs1ofArticle 60, Article 65, Article 66, Paragraph1and 3 of Article 67, Article 68, Article 70, Article 71, Article 73, Article 74, Article 76, or Paragraph2 of Article 80.
2. Violation of the establishment standards determined by the central competent authority in accordance withParagraph3 of Article 12.
3. Violation of management regulations determined by the central competent authority in accordance with Article 13.
4. Violation of regulations determined by the central competent authority in accordance with Article 69.
Persons under the following conditions shall be subject to the fine referred to in the preceding Paragraph, and given a time limit to cease the law-violating act; persons who do not comply shall be subject to suspension of practice for no less than one month but no more than one year:
1. Violations of the provisionsofParagraph1ofArticle 25or Article 66.
2. Violation of the establishment standards determined by the central competent authority in accordance with Paragraph3 of Article 12.
3. Violation of management regulations determined by the central competent authority in accordance with Article 13.
4. Violation of regulations determined by the central competent authority in accordance with Article 69.
Article 103
Persons under any of the following conditions shall be subject to a fine of no less than NT$50,000 but no more than NT$250,000:
1. Violation of any of the provisions of Paragraph 1 of Article 15, Paragraph 2 of Article 17, Paragraph 2 of Article 22, Paragraphs 4 and 5 of Article 23, Paragraph 1 of Article 57, Article 61, Paragraph 1 of Article 63, Article 64, Article 72, Article 85, or Article 86, or those who alter approved advertisement content without authorization.
2. Violation of regulations determined by the central competent authority in accordance with Paragraph 2 of Article 62 or Paragraph 2 of Article 93.
3. Medical care institutions employing or keeping unqualified medical personnel other than physicians for execution of duties that should be carried out by specialized medical personnel.
Persons who violate any provisions of Article 85 or Article 86 or revise the content of the previously approved medical advertisements without authorization, and fall under any of the following conditions, shall be subject to suspension of practice for no less than one month but no more than one year or revocation of practice license, in addition to the penal provisions provided in the preceding paragraph, and the central competent authority shall revoke the physician certificate of the supervising physician for one year:
1. Content contains false, exaggerated, or distorted facts, or is indecent;
2. Promotes illegal abortion;
3. Has already been penalized three times within one year.
Article 104
Persons who violate Article 84to make medical advertisements shall be subject to a fine of no less than NT$50,000 but no more than NT$250,000.
Article 105
Persons who violate any of the provisions of Paragraph 1 or 2 of Article 78 herein by administering human research without the approval, entrustment or consent of the central competent authority, shall be subject to a fine of no less than NT$200,000 but no more than NT$1,000,000, and be ordered to suspend or terminate the human research by the central competent authority. Violations of a serious nature shall also be subject to suspension of practice for no less than one month but no more than one year or revocation of practice license.
Persons who violate any of the provisions of Paragraph 3 of Article 78 herein or any regulations about the review benchmark stipulated by the central competent authority in accordance with Article 79-1 shall be subject to a fine of no less than NT$100,000 but no more than NT$500,000 by the central competent authority, and be ordered to discontinue the human research or the review set forth in Paragraph 3 of Article 78.
Persons who violate any of the provisions of Article 79, Article 79-2, Paragraph 1 of Article 80 herein or the regulations governing the supervision and management or review criteria set forth by the central competent authority pursuant to Article 79-1 herein shall be subject to a fine of no less than NT$100,000 but no more than NT$500,000 by the central competent authority, and in addition, be ordered to discontinue the human research if the safety of the research or damage to the interests of the research subjects is a concern. Violations of a serious nature shall also be subject to cessation of practice for whole or part of relevant business or for departments and services that violate the provisions for no less than one month but no more than one year.
Persons who violate any of the provisions of Paragraph 4 of Article 78 herein shall be subject to a fine of no less than NT$50,000 but no more than NT$250,000 by the central competent authority, and in addition, be ordered to discontinue the human research. Violations of a serious nature shall also be ordered to terminate the human research.
Article 106
Persons who violate the provisions of Paragraph 2 of Article 24 shall be subject to a fine between NT$30,000 and NT$50,000. Violations that involve criminal liabilities shall be referred to the juridical authority.
Persons who damage the life saving equipment in medical care institutions or other similar places and consequently endanger the life, body or health of others are subject to imprisonment for no more than three years, detention or a fine of no more than NT$300,000.
Persons who hinder medical personnel or emergency medical services personnel from carrying out medical practices or emergency medical services by means of violence, coercion, intimidation or other illegal methods are subject to imprisonment for no more than three years, or in addition thereto, a fine of no more than NT$300,000.
Those who commit the offense set forth in the preceding paragraph are subject to imprisonment for life or no less than seven years if their offense causes the death of medical personnel or emergency medical services personnel, and imprisonment for no less than three years but no more than ten years if their offense causes serious injury to medical personnel or emergency medical services personnel.
Article 107
Those who violate any of the provisionsofParagraph2 of Article 61, Paragraph2 of Article 62, Paragraph1ofArticle 63, Paragraph1ofArticle 64, Article 68, Article 72, Article 78, Article 79, or Paragraph 2 of Article 93 shall be penalized in accordance with the provisions of Article 102, Article 103, or Article 105. In addition, the offender shall also be penalized by said Articles. Persons whose violations involve criminal liability shall be transferred to the juridical authority for disposal.
In the event that the offender is a medical person, he/she shall be penalized in accordance with the respective specialty medical profession laws.
Article 108
Medical care institutions which fall under the following conditions shall be subject to a fine of no less than NT$50,000 but no more than NT$500,000. In addition, the of ending clinic departments or service items, or all or part of the clinic departments and hospitalization practices shall be subject to suspension of practice for no less than one month but no more than one year, or revocation of practice license, in accordance with the seriousness of the violation:
1. Obvious negligence of medical practice management, resulting in injury or death to the patient;
2. Knowingly documents medical records or produces diagnosis, birth certificate, death certificate or still born certificate which are inconsistent with the facts;
3. Conduct medical practices forbidden by central competent authority regulations;
4. Use of drugs forbidden by central competent authority regulations;
5. Permits persons who violate Article 28 of the Physician‘s Act to conduct medical practices;
6. Conduct improper practices, including those which are indecent or harmful to human health;
7. Verification upon examination of collection of excess medical fees, or collecting fees for items created without authorization, and failure to return the excess amount to patients within the given time limit.
Article 109
Medical care institutions which continue to operate after being imposed with suspension of practice shall have their practice license revoked.
Article 110
The supervising physician of medical care institutions imposed with revocation of practice license shall not apply to establish any medical care institution at the original or other locations for one year.
Article 111
The supervising physician of medical care institutions which continue to operate after being imposed with revocation of practice license shall have his/her physician revoked for two years by the central competent authority.
Article 112
Juridical persons in medical care who violate the provisions of Paragraph 5 of Article 34 or Paragraph1ofArticle 37 to become guarantors, shall be subject to a fine of no less than NT$100,000 but no more than NT$500,000 by the central competent authority, and shall be given a time limit in which to make amendments. Those who fail to make amendments within the given time limit shall be fined successively. The offender shall be responsible for the guarantee.
The chairperson of juridical persons in medical care who violate the provisions Of Paragraph 2 of Article 37 shall be subject to a fine of no less than NT$100,000 but no more than NT$500,000 by the central competent authority. In addition, in the case that violation by juridical persons in medical care result in damage or injury, the offender shall be responsible for compensation.
Article 113
Juridical persons in medical care which violate any of the provisions of Paragraph 2 of Article 34, Paragraph1ofArticle 35, or Article 40 shall be subject to a fine of no less than NT$10,000 but no more than NT$100,000 by the central competent authority, and given a time limit within which to make amendments. Those who fail to make amendments within the given time limit shall be fined successively.
In the case that juridical persons in medical care fail to register any of the stipulated particulars, the person responsible for registration shall be subject to a fine of no less than NT$10,000 but no more than NT$100,000 by the central competent authority, and shall be given a time limit within which to make corrections. Persons who fail to make corrections within the given time limit shall be fined successively.
In the case that there is more than one person responsible for registration in the situation referred to in the preceding Paragraph, all persons responsible for registration shall be jointly liable.
Article 114
Directors or supervisors who fail to report in violation of Paragraph 4 of Article 49 shall be subject to a fine of no less than NT$50,000 but no more than NT$200,000 by the central competent authority.
In the case that juridical persons in medical care fail to establish medical care institution in accordance with the respective establishment plan, the central competent authority shall order the juridical person in medical care to make amendments within a given time limit. Those who fail to comply within the given time limit shall be subject to revocation of permit. This provision shall apply mutatis mutandis to juridical persons in medical care who revise their establishment plan.
Article 115
The supervising physician shall be subject to the fines specified in this Act when applied to private medical care institutions.
The medical corporate body shall be subject to the fines specified in this Act when applied to medical care institutions set up by a medical corporate body.
Regarding the first part of Paragraph 1 above, if the offender subject to punishment as laid down in Article 107 is the supervising physician, no additional punishment shall be given.
Article 116
Unless otherwise provided for in the Act, the fines, suspension of practice, and revocation of practice license specified in the Act shall be imposed by the municipal or county (city) competent health authority.
Article 117
Any person who fails to pay the fine imposed upon him/her under the Act within the time limit set in a notice given to him/her shall be turned over to the court for compulsory execution.