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Chapter Law Content

Title: Communicable Disease Control Act CH
Category: Ministry of Health and Welfare(衛生福利部)
Chapter 3 Prevention of Communicable Diseases
Article 19
Government organizations (institutions) at various levels and schools shall reinforce education and promotion of matters concerning disease control activities, and may request relevant professional groups for assistance; competent authorities and medical care institutions shall conduct regular training and drills related to disease control.
Article 20
Competent authorities and medical care institutions shall stock a sufficient quantity of various pharmaceuticals, devices and protective equipments for communicable disease control.
Regulations governing the stockpile, allocation, reporting, validity management, inspections and other matters to be complied with for the pharmaceuticals, devices and protective equipments mentioned in the preceding Paragraph shall be decided by the central competent authority.
Article 21
Competent authorities, when necessary, may temporarily shut down water supplies that potentially spread communicable diseases.
Article 22
Government organizations at various levels shall optimize the operation of the water and sewer supply systems in the locality, improve the infrastructure of public toilets, promote cleanliness and sanitation of private toilets; and when necessary, may conduct disinfection of solid wastes or dismantle toilets and their facilities that are hazardous to sanitation.
Article 23
At times of domestic epidemic conditions, local competent authorities shall, upon necessity for the control of communicable diseases, conscientiously prohibit the raising, slaughtering, sales, donation, discarding of various animals or animal remains, foods and beverages that have been confirmed to transmit communicable diseases, and shall exterminate, destruct, bury, or chemically handle them, or take other necessary actions.
Competent authorities, upon necessity for the control of communicable diseases, shall apply regulations of prohibition and management mentioned in the preceding Paragraph to animals suspected to transmit communicable diseases.
Competent authorities, upon necessity for the control of communicable diseases, when major outbreaks of zoonotic diseases occur in animals, shall request the central agricultural competent authority to take necessary actions in accordance with the relevant provisions of the Statute for Prevention and Control of Infectious Animal Disease.
Article 24
For animals or animal remains, foods and beverages mentioned in the preceding Article that have been, by regulations, exterminated, destructed, buried, chemically handled or processed by other necessary methods, owners or managers of such items will not be compensated if the reasons of transmitting communicable diseases are due to their illegal actions, or if they fail to immediately cooperate in the management of these items; otherwise, local competent authorities shall assess the value of the items and compensate them at their discretion.
Regulations concerning qualifications, procedures, recognition, and methods of compensation and other matters to be complied with for the application of the compensation mentioned in the preceding Paragraph shall be decided by the central competent authority.
Article 25
Local competent authorities shall supervise the elimination of mosquitoes, flies, fleas, louses, rats, cockroaches and other vectors.
Owners, managers or users of public and private sites of breeding sources of the vectors mentioned in the preceding Paragraph shall, upon notification or announcement of the local competent authorities, voluntarily clean up the vector breeding sites.
Article 26
The central competent authority shall formulate procedures for reporting communicable diseases, methods of epidemiological investigations, and establish systems for surveillance, warning and disease control resources for epidemic conditions of communicable diseases. The implementation regulations shall be decided by the central competent authority.
Article 27
The central competent authority, to promote immunization policies for children and the citizens, shall establish a fund to implement the procurement of vaccines and immunization work.
Sources of the aforementioned fund are as follows:
1.subsidies from the budgets prepared by the governments;
2.surpluses generated by public-interest lotteries, and health and welfare tax on tobacco products;
3.revenues from donations;
4.revenues from interests generated by this fund;
5.other relevant revenues.
Revenues from any kinds of donations mentioned in Subparagraph 3 of the preceding Paragraph shall not be used for the procurement of specified vaccines.
When using the vaccine fund for the procurement of additional vaccines, the procurement shall be made in accordance with the items recommended by the Communicable Disease Control Advisory group of the central competent authority and in order of priority according to cost-efficiency. Such procurement shall be obtained using budgets prepared for the following year. Relevant meetings shall be recorded, and detailed meeting minutes shall be made public. Members of the Committee shall disclose the following information:
1.research projects and the amount that the individual concerned and his/her affiliated groups are subsidized by non-governmental organizations;
2.subsidies on vaccine-related research projects and funds given to the individual’s affiliated groups by non-governmental organizations;
3.the individual concerned is a member of the board of directors, board of supervisors, or advisor of a vaccine-related enterprise or corporation.
The legal proxies of children shall ensure children receive routine immunization on schedule, and present record of immunization when entering elementary school.
Elementary schools and pre-school (nurseries) institutions shall ensure non-immunized, new students complete the required immunization.
Article 28
The various immunization activities and specific vaccine management, use and immunization measures implemented for the control of epidemic conditions regulated by the competent authorities may be administered by trained and recognized nursing personnell; they shall not be restricted by regulations of Article 28 of the Physicians Act, Article 37 of the Pharmaceutical Affairs Act, and Article 24 of the Pharmacists Act.
Regulations governing the conditions and the restrictions of immunization administration mentioned in the preceding Paragraph, and examination of immunization records, make-up immunization, and other matters to be complied with mentioned in the preceding Article shall be stipulated by the central competent authority.
Article 29
Medical care institutions shall comply with the immunization policies formulated by the central competent authority.
Medical care institutions shall not refuse, evade or obstruct supervision and inspection conducted by the competent authorities.
Article 30
Vaccine victims may apply for relief compensation.
The rights to apply for relief compensation mentioned in the preceding Paragraph shall extinguish, if they are not exercised by the persons entitled to apply for such compensation within two years since the day the damage is known; the same applies to a period exceeding five years since the day the hazards occur.
The central competent authority shall collect an amount of fee when vaccines are approved for the vaccine injury compensation fund.
Regulations governing the funds mentioned in the preceding Paragraph such as the payment deadline, collection exemption, qualifications for vaccine injury compensation, methods of payment, payment amount, review methods and procedures, and other matters to be complied with shall be decided by the central competent authority.
Article 31
Medical care institutions shall, when visited by patients seeking medical treatment, inquire about the patients’ medical history, medical records, history of contact, travel history, and other matters related to communicable diseases; patients or their families shall make a factual report without any concealment.
Article 32
Medical care institutions shall execute, in accordance with the regulations of competent authorities, infection control measures; and shall prevent the occurrence of infections within the institutions; they shall not refuse, evade, or obstruct the supervision and inspection conducted by the competent authorities.
Regulations governing measures of infection control to be implemented by medical care institutions, baseline criteria of inspection by the competent authorities, and other matters to be complied with shall be decided by the central competent authority.
Article 33
Nursing homes, nursing care institutions, long-term care institutions, placement (reform) institutions, correction organizations and other similar places shall bear the responsibilities of health care and management of the inmates under their care, detention or correction.
The organizations (institutions) and places mentioned in the preceding Paragraph shall, in accordance with the regulations of competent authorities, execute infection control measures to prevent the occurrence of infections within the organizations (institutions) or places; they shall not refuse, evade, or obstruct the supervision and inspection conducted by the competent authorities.
Regulations governing infection control measures to be implemented, organizations (institutions) and places to be inspected, inspection baselines of criteria and other matters to be complied with shall be decided by the central competent authority.
Article 34
The central competent authority shall, for those who possess or use infectious biological materials, establish a management system by level and based on the degrees of hazard associated with the biological materials.
The import and export of infectious biological materials by those who possess or use infectious biological materials shall not be made without approval of the central competent authority.
Regulations governing the scope, qualifications and conditions of persons in possession or use of infectious biological materials, methods of bio-safety management in laboratory, matters to be reported to competent authorities, and application procedures for import and export mentioned in the preceding Paragraph, and other matters to be complied with shall be decided by the central competent authority.