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Chapter Law Content

Title: Hearing Specialists Act CH
Category: Ministry of Health and Welfare(衛生福利部)
Chapter Four Penal Provisions
Article 28
A hearing specialist who lends or leases his or her license or certificate to others shall have hearing specialist certificate annulled and the case shall be forwarded to the prosecutor’s office according to law if the act involves criminal responsibility. 
Article 29
A hearing clinic that hires personnel without the qualification of hearing specialist to practice the businesses of hearing specialist shall have its business license annulled.
Article 30
Violations of Article 5, Article 15, Paragraph 2 of Article 19 or Paragraph 2 of Article 24 shall be subject to a fine of not less than NT$30,000 and not more than NT$150,000.
Article 31
With the exceptions of the following situations, a person who practices the businesses of hearing specialist without acquiring the qualification and his or her employer shall each be subject to a fine of not less than NT$30,000 and not more than NT$150,000:
1. The person is a doctor;
2. The person is a student of relevant department, division or graduate institute, or a graduate within five years from the date of receiving the degree from a department, division or graduate institute provided in Article 2 herein who is undergoing practical training at a medical institution or an institution recognized by the central competent authority under the guidance of a doctor or a hearing specialist; or
3. The person is in the hearing instrument business and engages in the practice of fitting hearing aids who performs hearing tests necessary for the evaluation and adjustment while fitting a hearing aid. Notwithstanding the foregoing, the person must follow a doctor’s instructions when fitting hearing aid for children under twelve years of age.
Hearing specialists are exempted from penalty stipulated in Article 36 herein when engaging in the business mentioned in Subparagraph 3 of the preceding paragraph.
Article 32
Violations of Paragraph 1 of Article 16, Paragraph 4 of Article 20, Paragraph 2 or Paragraph 3 of Article 23, Paragraph 1 of Article 24 or Article 25 herein shall be subject to a fine of not less than NT$20,000 and not more than NT$100,000.
A hearing clinic in violation of Paragraph 2 or Paragraph 3 of Article 23 or Paragraph 1 of Article 25 herein shall be subject to penalty as provided in the preceding paragraph, and in addition, shall be ordered to take remedial action within a prescribed time period or refund the patient the overcharged fees. Violator that fails to take remedial action within the prescribed time period or refund the patient as required shall have business suspended for one month up to one year or have business license annulled. 
Article 33
A hearing specialist having any of the situations below shall be subject to a fine of not less than NT$20,000 and not more than NT$100,000. If the violation is of serious nature, the hearing specialist shall have practice suspended for one month up to one year or have practice license annulled. Where the act of the hearing specialist involves criminal responsibility, the case shall be forwarded to the prosecutor’s office according to law:
1. Violating Article 14 herein.
2. Engaging in unlawful or illicit business practice.
Article 34
A hearing specialist in violation of Paragraph 1 or Paragraph 2 of Article 7, Article 9, Paragraph 1 or Paragraph 3 of Article 10, or Paragraph 1 of Article 11 shall be subject to a fine of not less than NT$10,000 and not more than NT$50,000 and be ordered to take remedial actions within a prescribed time period. Violator who fails to take remedial action within the prescribed time period shall have business suspended for one month up to one year.
A hearing specialists association in violation of Paragraph 2 of Article 11 herein shall be subject to a fine of not less than NT$ 10,000 and not more than NT$ 50,000 by the competent authority of civil organizations and be ordered to take remedial actions within a prescribed time period. Violator that fails to take remedial action within the prescribed time period shall be fined consecutively on a daily basis.
Article 35
A hearing clinic in violation of Paragraph 1 of Article 18, Paragraph 1 of Article 19, Paragraph 1 or Paragraph 3 of Article 20, Article 21, or Article 26, or its establishment fails to comply with the requirements provided in Paragraph 3 of Article 16 herein shall be subject to a fine of not less than NT$10,000 and not more than NT$50,000, and in addition, shall be ordered to take remedial action within a prescribed time period. Violator that fails to take remedial action within the prescribed time period shall have business suspended for one month up to one year.
Article 36
A hearing specialist in violation of Paragraph 2 of Article 12 or Article 13 herein or hearing clinics that violate Article 22 herein shall be subject to a fine of not less than NT$10,000 and not more than NT$50,000
Article 37
A hearing specialist in violation of Paragraph 1 of Article 7, Article 9, Paragraph 1 or Paragraph 3 of Article 10, Article 13 or Article 15 shall be penalized according to the provisions in Article 34 or Article 30 herein, and the institution where the hearing specialist practices shall be subject to the same penalties, unless the penalties are otherwise provided according to other law.
Article 38
A hearing specialist who continues to practice after being ordered to suspend practice shall have his or her practice license annulled. Where the hearing specialist continues to practice after having his or her practice license annulled, his or her hearing specialist certificate shall be annulled. 
Article 39
A hearing clinic that continues to conduct business after being ordered to suspend business shall have its business license annulled. Where the hearing clinic continues to conduct business after having its business license annulled, the responsible hearing specialist shall have his or her hearing specialist certificate annulled.
Article 40
Where a hearing clinic is ordered to suspend business or has its business license annulled, the responsible hearing specialist shall simultaneously be ordered to suspend practice or have his or her practice license annulled.
Where the responsible hearing specialist of a hearing clinic is ordered to suspend practice or has his or her practice license annulled, the hearing clinic shall simultaneously have business suspended or have its business license annulled.
Article 41
When a hearing clinic established under the application of a hearing specialist is subject to fines as provided herein, the responsible hearing specialist of the clinic shall be penalized.
Article 42
The disposition of fines, practice suspension, revocation or annulment of practice license mentioned herein shall be executed by the municipality and county (city) authorities; the revocation or annulment of hearing specialist certificate shall be executed by the central competent authority.