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Chapter Law Content

Title: Respiratory Therapists Act CH
Category: Ministry of Health and Welfare(衛生福利部)
Chapter 4 Associations
Article 27
Respiratory therapist associations shall be governed by the authority in charge of civil associations. However, their target businesses shall be directed and supervised by the competent authorities.
Article 28
There shall be municipal respiratory therapist associations and city/county respiratory therapist associations. Furthermore, the national union of respiratory therapist associations may be established.
The site of a respiratory therapist association shall be located within the jurisdiction of its competent authority. However, this rule does not apply to those that have obtained approval from their respective competent authorities.
Article 29
The current administrative districts shall constitute the jurisdiction of respiratory therapist associations. Only one association at the same level may be established in a district.
Article 30
A municipal or city/county respiratory therapist association shall be founded and organized by twenty-one or more respiratory therapists who practice in its jurisdiction. In the case of less than twenty-one respiratory therapists, they may join the association in an adjacent district.
Article 31
The national union of respiratory therapist associations may be founded and organized only after respiratory therapist associations have been organized in the municipalities and seven or more cities/counties.
Article 32
A respiratory therapist association shall have directors and supervisors, all of who shall be elected by members (member representatives) in a general assembly of members (member representatives). Boards of directors and supervisors shall be formed. The number of board members shall be as follows:
1. The number of directors of a city/county respiratory therapist association shall not exceed fifteen;
2. The number of directors of a municipal respiratory therapist association shall not exceed twenty-five;
3. The number of directors of the national union of respiratory therapist associations shall not exceed thirty-five;
4. The number of directors of a respiratory therapist association at each level shall not exceed one-half of the total of the members (member representatives);
5. The number of supervisors of a respiratory therapist association at each level shall not exceed one-third of the number of its directors.
A respiratory therapist association at each level may have alternate directors and alternate supervisors. The number of such directors and supervisors shall not exceed one-third of the number of its directors and supervisors, respectively.
In the event that there are three or more directors or supervisors, they may elect standing directors or standing supervisors from among them. The number of standing directors or standing supervisors shall not exceed one-third of the number of directors or supervisors. Directors shall elect a chairman from among the standing directors. If there are no standing directors, directors shall elect a chairman from among them. In the event that there are three or more standing supervisors, they shall elect a convener of the board of supervisors from among them.
Article 33
The term of office of directors and supervisors shall be three years. No more than one-half of the directors or supervisors shall be re-elected. The chairman shall be re-elected only once.
The elected directors and supervisors of the national union of respiratory therapist associations shall not be limited to the member representatives appointed by municipal or city/county respiratory therapist associations.
The member representatives appointed by municipal or city/county respiratory therapist associations to join the national union of respiratory therapist associations are not limited to directors or supervisors of the associations.
Article 34
A respiratory therapist association shall convene a general assembly of members (member representatives) each year, and may convene a special assembly when necessary.
When a respiratory therapist association has over three hundred members, it may, in accordance with the articles of association, delimit areas according to the distribution of its members, select representatives based on the percentage of the members, and convene a general assembly of member representatives to exercise the powers of the general assembly of members.
Article 35
A respiratory therapist association shall formulate articles of association, prepare a roster of members and a roster of appointed staff members in which their resumes are provided, and submit the same to the local authority in charge of civil associations for registration, and to the central competent authority and competent authorities at the municipality/city/county level for recordation.
The national union of respiratory therapist associations shall establish a code of ethics for respiratory therapists and submit the same to the general assembly of members (member representatives). After being adopted at the general assembly, the code of ethics shall be forwarded to the central competent authority for recordation.
Article 36
The articles of association of a respiratory therapist association at each level shall specify the following matters:
1. Name, jurisdiction, and location of the site;
2. Missions, organization, and tasks;
3. Obtaining and withdrawing from membership;
4. Designation and term of office of member representatives;
5. Number, authority, and term of office of directors and supervisors as well as their election and discharge;
6. Rules for meetings of the general assembly of members (member representatives), board of directors, and board of supervisors;
7. Conventions to be complied with by members;
8. Funding and accounting;
9. Amendment of articles of association;
10. Other necessary matters to be specified in accordance with law or for the purpose of handling association affairs.
Article 37
Municipal and city/county respiratory therapist associations are obligated to comply with the articles of association and resolutions of the national union of respiratory therapist associations.
In the event that a respiratory therapist association violates the laws, regulations, or articles of associations, or the articles of association or resolutions of the national union, the authority in charge of civil associations may impose the following punishments:
1. Warnings.
2. Revocation of the resolution.
3. Discharge or dismissal of its directors and supervisors.
4. Rectification within a specified period of time.
The punishments set forth in Subparagraphs 1 and 2 of the preceding paragraph may also be imposed by the competent authorities.
Article 38
If a member of a respiratory therapist association violates the laws, regulations, or articles of associations, the association may impose a punishment according to the articles of associations or the resolution adopted by the board of directors, board of supervisors, or general assembly of members (member representatives).