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Chapter Law Content

Title: Psychologists Act CH
Category: Ministry of Health and Welfare(衛生福利部)
Chapter 4 Penalty Provisions
Article 31
Any breach of the first paragraph of Article 7, the first paragraph of Article 8, Article 10, the first or second paragraph of Article 11, the first paragraph of Article 12 or Article 15 shall be penalized by a fine of not less than NT$10,000 and not more than NT$50,000.
Any breach of the first paragraph of Article 7, the first paragraph of Article 8, the first or second paragraph of Article 11 or the first paragraph of Article 12 shall be subject to the penalty under the preceding paragraph and an order demanding remedy before a certain deadline. If the breach is not remedied before the deadline, the business will be suspended for not less than one month and not more than one year.
If a clinical psychologist guild or counseling psychologist guild breaches the second paragraph of Article 12, the competent authority governing civil guildGilds shall impose a fine of not less than NT$10,000 and not more than NT$50,000 and a deadline will be imposed before which the breach must be remedied. If the breach is not remedied before the deadline, consecutive penalties shall accrue on a daily basis.
Article 32
When a psychologist continues to practice despite a suspension order, his/her practice license shall be annulled. If the psychologist continues to practice business after the practice license is annulled, his/her the clinical psychologist certificate or counseling psychologist certificate shall be annulled.
Article 33
Any psychotherapy clinic or psychological counseling clinic falling under any of the following circumstances shall have it establishment license annulled:
1. Allowing any person without the qualification of a clinical psychologist or counseling psychologist to perform a clinical psychologist’s business or a counseling psychologist’s business.
2. Failure to suspend business despite a suspension order.
Article 34
Any breach of the first paragraph of Article 22, the first or second paragraph of Article 23, Article 24, Article 25 or Article 29 or failure to meet the standards under the fifth paragraph of Article 20 shall be penalized by a fine of not less than NT$10,000 and not more than NT$50,000.
Any breach of the first paragraph of Article 22, the first or second paragraph of Article 23 or Article 24 or failure to meet the standards under the fifth paragraph of Article 20 shall be subject to the penalty under the preceding paragraph and an order demanding remedy before a certain deadline. If the breach is not remedied before the deadline, the business will be suspended for not less than one month and not more than one year.
Article 35
Any breach of the fourth paragraph of Article 20, the third paragraph of Article 23, the first or second paragraph of Article 26, the first paragraph of Article 27 or Article 28 shall be penalized by a fine of not less than NT$20,000 and not more than NT$100,000.
Any breach of the first or second paragraph of Article 26 or the first paragraph of Article 28 shall be subject to the penalty under the preceding paragraph and an order demanding remedy before a certain deadline or refund of excessive charge to the client. If the breach is not remedied or refund not made before the deadline, the business will be suspended for not less than one month and not more than one year, or the establishment license will be annulled.
Article 36
Any breach of Article 5, Article 17, the second paragraph of Article 22 or the second paragraph of Article 27 shall be penalized by a fine of not less than NT$30,000 and not more than NT$150,000.
Article 37
For any psychologist who has breached the first paragraph of Article 7, Article 10, the first or second paragraph of Article 11, Article 15, Article 17 or any of the second paragraph of Article 27 and who has been penalized in accordance with Article 31 or the preceding article, a fine must also be imposed on the institution where the psychologist practices, unless other sanctions are imposed by other laws.
Article 38
When a psychotherapy clinic or psychological counseling clinic is suspended or has its establishment license annulled, the principal psychologist shall also be suspended or has his/her practice license annulled.
When the principal psychologist of a psychotherapy clinic or psychological counseling clinic is suspended or has his/her practice license annulled, his/her psychotherapy clinic or psychological counseling clinic shall also be suspended or have its establishment license annulled.
Article 39
If any psychotherapy clinic or psychological counseling clinic continues to be open for business despite the annulment of its establishment license, its principal psychologist’s clinical psychologist certificate or counseling psychologist certificate shall be annulled.
Article 40
If a psychologist allows another person to use his/her certificate or license, his/her clinical psychologist certificate or counseling psychologist certificate shall be annulled.
Article 41
Unless otherwise provided by this Act, any psychologist who commits any breach of law or undue conduct in the course of practicing shall be penalized by a fine of not less than NT$20,000 and not more than NT$100,000. In serious cases, the psychologist shall also be suspended for not less than one month and not more than one year or have his/her practice license annulled.
Article 42
Any person who is not qualified as a clinical psychologist or counseling psychologist but practices the business of a clinical psychologist or counseling psychologist shall be penalized by not more than two years of imprisonment, or in addition thereto, a fine of not less than NT$30,000 and not more than NT$150,000, except for physicians or any of the following persons engaging in internship under the guidance of a physician, clinical psychologist or counseling psychologist in a hospital or institution approved by the central competent authority:
1. A student of medicine or psychology related faculty or division of a university or higher-level institution.
2. A student of a clinical psychology or counseling psychology institute, faculty, or division or graduate institute of related psychological studies of an university or independent college, with a major in clinical psychology or counseling psychology, or a person who has graduated and acquired a master’s or higher degree within the past three years.
When nursing personnel, occupational therapists, occupational therapy assistants, social workers or other professionals or technicians perform a business defined in this Act in the course of their business practice in accordance with the laws governing their professions, it shall not be deemed a breach of the preceding paragraph.
When a person performing psychological guidance work perform the businesses under Subparagraphs 2 to 4, first paragraph of Article 14, it shall not be deemed a breach of the first paragraph.
Article 43
Any clinical psychologist who breaches the second paragraph of Article 13 or any counseling psychologist who breaches the second paragraph of Article 14 shall be penalized by not more than one year of imprisonment, or in addition thereto, a fine of not less than NT$30,000 and not more than NT$150,000.
Any psychologist who breaches Article 18 shall be penalized by not less one year and not more than three years of imprisonment, or in addition thereto, a fine of not less than NT$30,000 and not more than NT$150,000.
Article 44
When a psychotherapy clinic or psychological counseling clinic is subject to a fine under this Act, the fine shall be imposed on the principal psychologist.
Article 45
Unless otherwise provided in this Act, any fine, suspension, and annulment of practice license or establishment license, as stipulated in this Act, shall be imposed by the municipal or county (city) competent authority, and the revocation or annulment of a clinical psychologist certificate or counseling psychologist certificate shall be done by the central competent authority.
Article 46
When a fine imposed by this Act with a certain deadline is not paid before the deadline, it shall be subject to compulsory enforcement in accordance with the law.