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Title: Midwifery Personnel Act CH
Category: Ministry of Health and Welfare(衛生福利部)
Chapter 5 Penal Provisions
Article 32
In the event that midwifery personnel lend their certificates to others for use, their midwifery personnel certificates shall be revoked. Cases where criminal liability is incurred shall be referred to the prosecutors office that has the jurisdiction for handling in accordance with law.
Midwifery personnel who commit unlawful acts in the course of practice shall be subject to suspension of practice for a period of not less than one month and not more than one year. In case of severe violations, their practice licenses or opening licenses may be revoked. Cases where criminal liability is incurred shall be referred to the prosecutors office that has the jurisdiction for handling in accordance with law.
Article 33
Those violating Article 22 shall be subject to a fine of not less than NT$30,000 and not more than NT$150,000, and will be required to make improvements within a specified period of time. If they fail to make improvements before the deadline, consecutive punishments shall be imposed.
Article 34
Those violating Article 14, Paragraph 2 of Article 16, Paragraph 4 of Article 18, Paragraph 2 of Article 19, Article 23, Paragraphs 2 and 3 of Article 25, Article 28, Article 30 or Article 31 shall be subject to a fine of not less than NT$10,000 and not more than NT$50,000, and will be required to make improvements within a specified period of time. In cases of failure to make improvements before the deadline or severe violations, they shall be subject to suspension of operations for a period of not less than one month and not more than one year or revocation of their opening licenses.
Those violating Paragraph 2 of Article 19 shall be punished in accordance with the preceding paragraph, and will be required to refund the excess amounts charged within a specified period of time. In cases of failure to refund before the deadline, consecutive punishments shall be imposed.
Article 35
Those violating Article 8, Paragraphs 1 and 2 of Article 9, Paragraph 1 of Article 11, Article 12, Paragraph 1 of Article 12-1, Paragraphs 2 and 3 of Article 15, Paragraph 1 of Article 16, Paragraph 1 of Article 18, Paragraph 1 of Article 19, Article 20, Article 21, Article 24, Article 29 or the standards for establishment set forth in Paragraph 3 of Article 13 shall be subject to a fine of not less than NT$6,000 and not more than NT$30,000, and will be required to make improvements within a specified period of time. In cases of failure to make improvements before the deadline, they shall be subject to suspension of practice or operations for a period of not less than one month and not more than one year.
In the event that a midwifery personnel association violates Paragraph 2 of Article 11, the authority in charge of civil associations shall impose a fine of not less than NT$10,000 and not more than NT$50,000.
Article 36
A person who practices midwifery without having obtained qualifications of midwifery personnel shall be subject to imprisonment for up to three years, or in addition thereto, a fine of not less than NT$30,000 and not more than NT$150,000. However, this rule does not apply to physicians, students from a division/department/graduate institute of midwifery who engage in internships under the guidance of gynecologists, obstetricians, or midwifery personnel, and people who graduated no more than five years ago from the day when certificates of graduation were awarded.
Article 37
If midwifery personnel subject to suspension of practice continue to practice, their practice licenses shall be revoked. In the event that they continue to practice after their practice licenses are revoked, their midwifery personnel certificates shall be revoked.
Article 38
If a midwifery institution falls under any of the following circumstances, its opening license shall be revoked:
1. Allowing people without the qualifications of midwifery personnel to practice midwifery without permission;
2. Failing to suspend its operations after being subject to suspension of operations.
Article 39
In the event that a midwifery institution is subject to suspension of operations or revocation of its opening license, its responsible person shall also be subject to suspension of practice or revocation of his/her practice license.
In the event that the responsible person of a midwifery institution is subject to suspension of practice or revocation of his/her practice license, the midwifery institution shall also be subject to suspension of operations or revocation of its opening license.
Article 40
If a midwifery institution continues to operate after being subject to revocation of its opening license, the midwifery personnel certificate of its responsible person shall be revoked.
Article 41
In the case of a midwifery institution, the fines stipulated in the Act shall be imposed on its responsible person.
Article 42
Unless the Act provides otherwise, the competent authorities at the municipality/city/county level shall be the ones to impose fines, suspend practice or operations, or rescind or revoke practice licenses or opening licenses as stipulated herein. The central competent authority shall be the one to rescind or revoke midwifery personnel certificates.
Article 43
In case that a fine imposed in accordance with the Act with a specified due date is not paid by the due date, the case will be referred for compulsory enforcement as required by law.