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Chapter Law Content

Title: Nursing Personnel Act CH
Category: Ministry of Health and Welfare(衛生福利部)
Chapter Five Penalties
Article 29
A nursing institution shall be fined more than NT$20,000 and less than NT$100,000 under any of the following circumstances; in case of gross violation, its opening permit shall be revoked:
1. Sheltering non-qualified nursing personnel to practice nursing without authorisation,
2. Engaging in improper business practices, corrupting public morality or endangering human health,
3. Overcharging is found to have occurred after investigation and the overcharged portions are not returned in due time,
4. An institution whose business has been suspended still continues to operate.
Article 30
In the event that nursing personnel whose practice of nursing has been suspended still practice, their practice licenses shall be revoked. In the case that any person whose practice license has been revoked still practices nursing, the person’s nursing personnel certificate shall be revoked.
Article 30-1
In the event that nursing personnel lease their licenses to non-qualified persons for use, their nursing personnel certificates shall be revoked; in the case that they lease their licenses to other people rather than the aforesaid persons for use, they shall be fined more than NT$20,000 and less than NT$100,000, and in addition thereto, subject to a suspension of practice for more than one (1) month and less than one (1) year or a revocation of their practice licenses.
In the event that one of the circumstances of the preceding Paragraph constitutes a criminal offense, they shall be transferred to the prosecutor’s authority which administers such affairs for the authority’s handling in accordance with the law.
Article 31
If a nursing institution whose opening permit has been revoked still continues to practice nursing, the nursing personnel certificate of the nurse in charge of the aforesaid institution shall be suspended by the central competent authority for two (2) years.
Article 31-1
Violators of the establishment standards provided for in Paragraph 2 of Article 16 shall be ordered to make improvements within a specified period of time. Those that fail to make improvements within the deadline shall be subject to a fine of between NT$60,000 and NT$300,000 and be requested to make improvements within another specified period of time. Those that still fail to do so within the new deadline may be suspended from practice for no less than one month and no more than one year. In cases where no improvements are made when the suspension period ends, the establishment permit may be revoked.
Article 31-2
Nursing institutions that undergo accreditation pursuant to Paragraph 1 of Article 23-1 but fail to be accredited shall be ordered to make improvements within a specified period of time, with the exception of violations of the establishment standards provided for in Paragraph 2 of Article 16, which shall be punished pursuant to the previous article. In the event that no improvements are made within the deadline, the nursing institutions that admit patients shall be subject to a fine of between NT$60,000 and NT$300,000, and other nursing institutions shall be subject to a fine of between NT$6,000 and NT$30,000. Consecutive punishments may be imposed. In the case of severe violations, the nursing institutions may be suspended from practice for no less than one month and no more than one year. In cases where no improvements are made when the suspension period ends, the establishment permit may be revoked.
Article 32
Any institution which violates Paragraph 1 of Article 16, Article 17, Paragraph 1 of Article 18, Paragraph 1 of Article 18-1, Paragraph 3 of Article 20, Article 22 or Article 23, shall be imposed with a fine of more than NT$15,000 and less than NT$150,000, and shall be ordered to correct the violation(s) within a prescribed time limit. Any institution which has not corrected the violation(s) within the time limit or commits a gross violation shall be subject to a suspension of business for more than one (1) month and less than one (1) year or a revocation of its opening permit.
Article 33
Those that violate Paragraphs 1 and 2 of Article 8, Paragraph 1 of Article 10, Article 12, Paragraph 1 of Article 19-1, Paragraph 2 of Article 23-1 or Articles 25 to 28 shall be subject to a fine of between NT$6,000 and NT$30,000 and be ordered to make improvements within a specified period of time. Those that fail to make improvements within the deadline shall be suspended from practice for no less than one month and no more than one year.
In the event that a nursing personnel association violates Paragraph 2 of Article 10, the competent authority shall impose a fine of between NT$10,000 and NT$50,000.
Article 34
A nurse in charge of the nursing institution whose opening permit has been revoked shall not be allowed to apply for the establishment of a nursing institution within one year of the date of the revocation.
Article 35
Nursing personnel who violate the law or commit improper acts in practice shall be subject to a suspension of practice for more than one (1) month and less than one (1) year. In case of gross violation, their practice licenses shall be revoked, and in the event that they are involved in criminal offenses, they shall be transferred to the prosecutor’s authority which administers such affairs for the authority’s handling in accordance with the law.
Article 36
Any institution violating Paragraph 2 of Article 18 or Paragraph 2 of Article 21 shall be imposed with a fine of more than NT$15,000 and less than NT$150,000. Within a prescribed time limit, institutions which violate Paragraph 2 of Article 21 shall return the overcharged fees to the patients who had paid for the services provided.
Article 37
If a non-qualified person practices nursing, he/she shall be sentenced to imprisonment of not more than three years, and may also be fined more than NT$30,000 and less than NT$150,000. This Article shall not apply to students from or graduates of nursing vocational high schools or above, who are employed as interns and practice nursing under the guidance of a licensed nurse.
The employer of the non-qualified person mentioned in the above paragraph shall be fined more than NT$15,000 and less than NT$150,000.
Article 38
Any institution which violates Paragraph 2 of Article 18-1 shall be imposed with a fine of more than NT$10,000 and less than NT$60,000, and it shall be ordered to correct the violation(s) within a prescribed time limit. Institutions which have not corrected the violation(s) within the time limit shall be subject to successive penalty imposed on the basis of the number of times that the institution violates Paragraph 2 of Article 18-1. The same penalties shall apply to any person who violates Article 7.
Article 39
Any person who violates Paragraph 1 of Article 11 shall be imposed with a fine of more than NT$3,000 and less than NT$30,000.
Article 40
Nursing personnel who are imposed with a penalty of having their practice licenses revoked shall hand in their licenses within three (3) days after the occurrence of the facts for cancellation. Nursing personnel who are imposed with a penalty of having their practice licenses suspended shall submit their practice licenses to the competent authority for the authority to record the reasons and the period of suspension at the back of the licenses. The licenses shall be returned to them for safekeeping and only after the expiration of the period of suspension can the nursing personnel resume their practice.
Article 41
The administrative fines, suspension from practice, rescinding and revoking of practice licenses or opening permits prescribed in this Act shall be executed by the municipal or county (city) competent health authorities, unless this Act stipulates otherwise. In addition, the rescinding, revoking or suspension of a nursing personnel certificate shall be executed by the central competent authority.
Article 42
(Deleted.)