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Chapter Law Content

Title: Respiratory Therapists Act CH
Category: Ministry of Health and Welfare(衛生福利部)
Chapter 2-1 Home Respiratory Care Units
Article 16-1
To establish a home respiratory care unit, an application shall be submitted by a respiratory therapist to the local competent authority at the municipality/city/county level for registration approval and issuance of a business license prior to the establishment. However, in the case of establishment of a home respiratory care unit by a juridical person in medical care, an application shall be submitted by the juridical person in medical care.
A respiratory therapist may apply to establish a home respiratory care unit in accordance with the preceding paragraph only after having practiced at the medical institutions designated by the central competent authority for at least five years.
The recognition and calculation of the years of practice, as set forth in the preceding paragraph, only apply to those who have obtained respiratory therapist certificates and registered their practice with the competent authorities at the municipality/city/county level according to law. However, for those who have been practicing before the Act is promulgated and enforced, the actual years of experience may also be included.
The standards for establishment of home respiratory care units, which govern the services, personnel qualifications, facilities, equipment, and other compliance-related matters, shall be set by the central competent authority.
Article 16-2
The person who applies to establish a home respiratory care unit shall be the responsible person thereof and responsible for supervision of its business. However, in the case of a home respiratory care unit established by a juridical person in medical care, the juridical person in medical care shall designate a respiratory therapist who conforms to the requirements set forth in Paragraph 2 of the preceding article, as the responsible person.
Article 16-3
In the event that the responsible person of a home respiratory care unit is unable to practice for some reason, he/she shall designate a qualified respiratory therapist to represent him/her. If the representation period lasts more than one month, a report shall be submitted to the authority that issued the business license for recordation purposes.
The maximum representation period set forth in the preceding paragraph shall not exceed one year.
Article 16-4
Approval shall be obtained from the competent authority prior to the use or change of the name of a home respiratory care unit.
A non-home respiratory care unit shall not use the name “home respiratory care unit” or similar names.
Article 16-5
A home respiratory care unit shall not use the following names:
1. The names registered and used by others for the home respiratory care units in the same municipality/city/county;
2. The names of the home respiratory care units in the same municipality/city/county which have had their business licenses annulled for less than a year or are subject to suspension of operations, or similar names;
3. Names that easily mislead people into believing that the home respiratory care unit is related to a government agency or charitable organization, or names that disrupt public order or violate good social customs.
Article 16-6
A home respiratory care unit shall enter into agreements with nearby hospitals for building collaborative relationships.
The hospitals set forth in the preceding paragraph shall be limited to those that have passed the accreditation carried out by the central competent authority.
In case of termination, dissolution, or amendment of the agreements set forth in Paragraph 1, a new agreement shall be established separately. The new agreement shall, within fifteen days from the date of termination, dissolution, or amendment of the said agreements, be submitted to the competent authority at the municipality/city/county level for recordation purposes.
Article 16-7
In case of suspension or termination of operations or change in registered particulars, a home respiratory care unit shall, within thirty days of occurrence of the fact, report such suspension, termination, or change to the authority that issued its business license for recordation purposes.
In the event that a home respiratory care unit relocates or resumes operations, the regulations governing the establishment thereof shall apply on a mutatis mutandis basis.
Article 16-8
A home respiratory care unit shall display its business license and fee standards, as well as the certificates of its respiratory therapists, in obvious places.
Article 16-9
The standards for and list of the fees collected by a home respiratory care unit shall be approved by the competent authority at the municipality/city/county level.
Article 16-10
When collecting fees, a home respiratory care unit shall provide a fee breakdown and receipt.
A home respiratory care unit shall not violate the fee standards, overcharge, or charge fees without permission.
Article 16-11
The advertisements of a home respiratory care unit shall only contain the following:
1. The name, business license number, address, phone number, and directions of the home respiratory care unit;
2. The name and certificate number of a respiratory therapist;
3. Other contents allowed for publication or promotion, as announced by the central competent authority.
Any institution that is not a home respiratory care unit shall not advertise for home respiratory care services.
Article 16-12
A home respiratory care unit shall not solicit business in an unlawful manner.
Article 16-13
A home respiratory care unit shall, as required by law or upon notification from the competent authorities, submit reports, accept inspections conducted by the competent authorities on its personnel, equipment, hygiene, safety, fee collection status, and operation, and accept requests to collect data.
Article 16-14
Staff members of a home respiratory care unit shall not disclose, without any reason, the confidential information about others acquired or possessed by them in the course of business activities.