0A4F4F9BD490A749D5437F821CF06DF1
Pharmaceutical Affairs Act Enforcement Rules
https://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?pcode=L0030002
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This file was generated: 2020-08-23 05:46:53
Indicators in focus are typically shown highlighted in yellow; |
Peer Indicators (that share the same Vulnerability association) are shown highlighted in pink; |
"Outside" Indicators (those that do NOT share the same Vulnerability association) are shown highlighted in green; |
Trigger Words/Phrases are shown highlighted in gray. |
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p.(None):
p.(None): Article 18
p.(None): A pharmacist, assistant pharmacist, or Chinese medicine doctor employed by a seller of drugs in accordance with Article 28 of the
p.(None): Act, or a pharmacist or an assistant pharmacist that personally manages the business of a pharmacy in accordance with Article 19 of
p.(None): the Act, shall be personally present to conduct business at the firm's place of business. When that person is not present at the place
p.(None): of business, a sign clearly indicating that fact shall be hung on the door.
p.(None):
p.(None): Article 19
p.(None): (deleted)
p.(None):
p.(None): Article 20
p.(None): (deleted)
p.(None):
p.(None): Article 21
p.(None): (deleted)
p.(None):
p.(None): Article 22
p.(None): (deleted)
p.(None):
p.(None): Article 22-1
p.(None): To apply for the importation of active pharmaceutical ingredients for the trial production of a drug in accordance with Article 39,
p.(None): paragraph 2 of the Act, an application fee shall be paid and an application form, along with the following materials, submitted to the
p.(None): central competent health authority for approval:
p.(None): 1. The pharmaceutical firm's permit license.
p.(None): 2. A written trial production plan.
p.(None): 3. The factory registration documents issued by the Ministry of Economic Affairs. Research and development organizations are
p.(None): exempt from this requirement.
p.(None): 4. When another pharmaceutical firm is contracted to handle the importation of active pharmaceutical ingredients for trial production
p.(None): of a drug, the letter of instruction and the pharmaceutical firm permit licenses of the contracting party and the contractor are required.
p.(None): Article 23
p.(None): (deleted)
p.(None):
p.(None): Article 23-1
p.(None): The central competent health authority may engage a health foundation or other related group or organization to perform reviews of
p.(None): academic research, safety and clinical trials, and other technical materials in connection with the market approval of drugs.
p.(None):
p.(None): Article 24
p.(None): The items required for the registration and market approval of a drug, as referred to in Articles 39 and 40 of the Act, are as follows:
p.(None): 1. The Chinese and foreign-language name of the drug.
p.(None): 2. The drug's prescription and dosage form.
p.(None): 3. The components, materials, structure, and specifications of medical devices.
p.(None): 4. The drug's labeling, usage instructions, and packaging.
p.(None): 5. The direct packaging of the drug.
p.(None): 6. The indications, efficacy, properties, method of use, amount used, and type of the drug.
p.(None): 7. The manufacturing method, the test specifications, and method of testing of the drug.
p.(None): 8. The name of the pharmaceutical firm.
p.(None): 9. The name and address of the factory that produces the drug.
...
Health / Drug Usage
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p.(None): Search SEARCH
p.(None):
p.(None): : Location Home > Law > Article Content
p.(None): P
p.(None):
p.(None): Article Content
p.(None):
p.(None):
p.(None):
p.(None): Title Pharmaceutical Affairs Act Enforcement Rules CH
p.(None): Amended Date 2016-09-28
p.(None): Category Ministry of Health and Welfare
p.(None):
p.(None):
p.(None): Article Content Article No Search Content Search Legislative History
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Article 1
p.(None): These Enforcement Rules are adopted pursuant to Article 105 of the Pharmaceutical Affairs Act ("the Act").
p.(None):
p.(None): Article 2
p.(None): Terms used in Article 7 of the Act are defined as follows:
p.(None): 1. New composition: a newly invented composition that can be used for pharmaceutical purposes.
p.(None): 2. New therapeutic compound: an already approved drug with new medical efficacy in terms of new indications, reduced side effects,
p.(None): improved therapeutic strength, improved therapeutic period, or altered dosage, or a compound prepared from two or more already
p.(None): approved compositions whose medical efficacy is superior to either of the individual drug compositions.
p.(None): 3. New method of administration: An altered method of administration for an already approved drug.
p.(None):
p.(None): Article 3
p.(None): The term "medicines to be prescribed by physicians" in Article 8 of the Act means a medicine, following its examination and approval
p.(None): by the central competent health authority, for which the drug permit license states that it must be prescribed by a physician or is
p.(None): restricted to use by physicians.
p.(None):
p.(None): Article 4
p.(None): The term "inspection" as used in the Act means the examination of matters in respect of whether a drug has undergone registration
p.(None): and market approval, and whether the drug conforms with the original market inspection and approval or other relevant provisions.
p.(None): The term "testing" as used in the Act means the chemical testing and assessment of the state, ingredients, quality, quantity, or
p.(None): strength of a drug, or the assessment of a medical device through chemical, physical, mechanical, or materials testing.
p.(None):
p.(None): Article 5
p.(None): The term "manufactured without prior approval" as used in Article 20, subparagraph 1 does not include drugs under research or in
p.(None): trial production that are not for sale.
p.(None): The drugs of the preceding paragraph shall be ones for which there is a record of research or trial production and are restricted to
p.(None): those that are not packaged as a marketable product.
p.(None):
p.(None): Article 6
p.(None): The term "drug imported without prior approval" in Article 22, subparagraph 2 of the Act means that no drug permit license allowing
p.(None): import has been approved and issued by the central competent health authority in accordance with Article 39 of the Act.
p.(None):
p.(None): Article 7
p.(None): The term "use" in Article 23, subparagraph 1 of the Act means normal, reasonable use in accordance with labeling or usage
p.(None): instructions.
p.(None): Article 8
p.(None): The term "labels" in Article 25 of the Act includes text, images, or markings that appear directly on a medical device as indications.
p.(None):
p.(None): Article 9
p.(None): The matters to be registered by a pharmaceutical firm pursuant to Article 27, paragraph 21 of the Act are as follows:
p.(None): 1. The type of pharmaceutical firm being registered.
p.(None): 2. The lines of business of the firm.
p.(None): 3. The name of the firm.
p.(None): 4. The firm's address.
p.(None): 5. The firm's responsible persons.
p.(None): 6. The firm's drug administration, manufacturing supervision, or technical personnel.
p.(None): 7. Other required matters for registration.
p.(None):
p.(None): Article 10
p.(None): Those applying for registration as a pharmaceutical firm in accordance with Article 27, paragraph 1 shall fill out an application form,
p.(None): submitting it together with a licensing fee and the documents listed below, for approval by the competent health authority of their
p.(None): special municipality or county (or county-level city):
p.(None): 1. The professional licenses or certification documents of the drug administration, manufacturing supervision, or technical personnel
p.(None): that the firm is required to hire under the provisions of the Act.
p.(None): 2. For a pharmaceutical firm organized as a company, photocopies of the firm's corporate registration and articles of incorporation.
p.(None): 3. For a seller of drugs and medical devices, the firm's business address and a basic floor plan showing the premises (the drug
p.(None): storage warehouse) and principal equipment.
p.(None): 4. For a manufacturer of drugs or medical devices, the firm's factory registration certificate and a photocopy of the same, except when
p.(None): the firm is exempt from factory registration under the Factory Management Act.
p.(None): 5. Other documents required by the special municipality or county (or county-level city).
p.(None): For a newly established pharmaceutical firm organized as a company, the competent health authority may first issue establishment
p.(None): permit documents to the firm, then issue a pharmaceutical firm permit license to the firm after it obtains its corporate registration or
p.(None): factory registration documents.
p.(None):
p.(None): Article 11
p.(None): In any application for registration as a pharmaceutical firm, the provisions of Articles 14 through 18 of the Act shall be followed with
p.(None): respect to which type of pharmaceutical firm the application is for and the lines of business to be stated in the registration.
p.(None): When a seller of western drugs is under the management of a resident assistant pharmacist, the listing of its lines of business shall
p.(None): note that it is not a seller of narcotic drugs.
p.(None): When a pharmaceutical firm engages in the business of radiopharmaceuticals, it shall apply for and receive approval in accordance
p.(None): with relevant laws and regulations before commencing sale of those items.
p.(None):
p.(None): Article 12
p.(None): When a drug manufacturer engages in the wholesaling and exporting of its own products, the importing of raw materials for its own
p.(None): use, or the concurrent retailing of its own products in accordance with Article 16 of the Act, and does so at the same location at which
p.(None): it manufactures and processes drugs, those businesses may be concurrently managed by its manufacturing supervisor. When the
p.(None): pharmaceutical firm, however, concurrently engages in the sale of products other than its own products or establishes a separate
p.(None): place of business to engage in any of the foregoing businesses, it shall employ separate management personnel for those respective
p.(None): purposes, and shall register as a pharmaceutical firm that is a seller of drugs or medical devices.
p.(None): When a drug manufacturer, in accordance with Article 58 of the Act, contracts another manufacturer to manufacture drugs, the
p.(None): wholesaling, exporting, and retailing of those drugs may take place in accordance with the fore part of the preceding paragraph.
p.(None):
p.(None): Article 13
p.(None): The categories of medical devices and the qualifications of the related technicians that a manufacturer of medical devices is required
p.(None): to employ, pursuant to Article 32 of the Act, are as follows:
p.(None): 1. Manufacturers of general medical equipment, clinical examination equipment, and biological materials and equipment shall employ,
p.(None): as manufacturing supervisor at its factory, a full-time resident technician who is a graduate of the science, engineering, medicine, or
p.(None): agriculture department at the undergraduate or graduate level of a domestic public or accredited private junior college or higher-level
p.(None): educational institution, or of a foreign junior-college or higher level institution recognized by the Ministry of Education.
p.(None): 2. Manufacturers of antiseptic contact lens cleaning solutions (or tablets), organ transplant preservation solutions, health materials, or
p.(None): feminine sanitary napkins shall employ a full-time resident pharmacist as manufacturing supervisor at the factory.
p.(None):
p.(None): Article 14
p.(None): A pharmaceutical firm's permit license or a pharmacy's pharmacy license shall be hung at a conspicuous location at its place of
p.(None): business.
p.(None):
p.(None): Article 15
p.(None): Matters relating to the "amendment of registration" that shall be carried out in accordance with Article 27, paragraph 1 of the Act
p.(None): include amendments to the content of a pharmaceutical firm's registration and the voluntary suspension, resumption, or termination of
p.(None): business.
p.(None): To carry out amendment of registration, a pharmaceutical firm must apply to the competent health authority that originally approved
p.(None): its registration within 15 days from the date of occurrence of a change in any matter requiring amendment of registration under the
p.(None): preceding paragraph.
p.(None):
p.(None): Article 16
p.(None): When a pharmaceutical firm amends its registration, except for registering an amendment for a change of address, it shall first apply
p.(None): to the competent health authority to amend the registration of its business address. Amendments to its registration pertaining to other
p.(None): company organization or business registration matters shall first be carried out with the relevant competent authority for commercial
p.(None): matters.
p.(None):
p.(None): Article 17
p.(None): When a pharmaceutical firm has employed a person for drug administration or manufacturing supervision in accordance with Articles
p.(None): 28 or 29 of the Act or employed a technician in accordance with Articles 21 or 32 of the Act, and that person is unable to perform their
p.(None): duties due to dismissal, resignation, or some other reason, and no other such person has yet been employed, the pharmaceutical
p.(None): firm shall suspend business operations and apply for suspension or termination of its registration.
p.(None):
p.(None): Article 18
p.(None): A pharmacist, assistant pharmacist, or Chinese medicine doctor employed by a seller of drugs in accordance with Article 28 of the
p.(None): Act, or a pharmacist or an assistant pharmacist that personally manages the business of a pharmacy in accordance with Article 19 of
p.(None): the Act, shall be personally present to conduct business at the firm's place of business. When that person is not present at the place
p.(None): of business, a sign clearly indicating that fact shall be hung on the door.
p.(None):
p.(None): Article 19
p.(None): (deleted)
p.(None):
p.(None): Article 20
p.(None): (deleted)
p.(None):
p.(None): Article 21
p.(None): (deleted)
p.(None):
p.(None): Article 22
p.(None): (deleted)
p.(None):
p.(None): Article 22-1
p.(None): To apply for the importation of active pharmaceutical ingredients for the trial production of a drug in accordance with Article 39,
p.(None): paragraph 2 of the Act, an application fee shall be paid and an application form, along with the following materials, submitted to the
p.(None): central competent health authority for approval:
p.(None): 1. The pharmaceutical firm's permit license.
p.(None): 2. A written trial production plan.
p.(None): 3. The factory registration documents issued by the Ministry of Economic Affairs. Research and development organizations are
p.(None): exempt from this requirement.
p.(None): 4. When another pharmaceutical firm is contracted to handle the importation of active pharmaceutical ingredients for trial production
p.(None): of a drug, the letter of instruction and the pharmaceutical firm permit licenses of the contracting party and the contractor are required.
p.(None): Article 23
p.(None): (deleted)
p.(None):
p.(None): Article 23-1
p.(None): The central competent health authority may engage a health foundation or other related group or organization to perform reviews of
p.(None): academic research, safety and clinical trials, and other technical materials in connection with the market approval of drugs.
p.(None):
p.(None): Article 24
p.(None): The items required for the registration and market approval of a drug, as referred to in Articles 39 and 40 of the Act, are as follows:
p.(None): 1. The Chinese and foreign-language name of the drug.
p.(None): 2. The drug's prescription and dosage form.
p.(None): 3. The components, materials, structure, and specifications of medical devices.
p.(None): 4. The drug's labeling, usage instructions, and packaging.
p.(None): 5. The direct packaging of the drug.
p.(None): 6. The indications, efficacy, properties, method of use, amount used, and type of the drug.
p.(None): 7. The manufacturing method, the test specifications, and method of testing of the drug.
p.(None): 8. The name of the pharmaceutical firm.
p.(None): 9. The name and address of the factory that produces the drug.
p.(None): 10. Other items designated for registration of the drug by the central competent health authority.
p.(None):
p.(None): Article 25
p.(None): (deleted)
p.(None):
p.(None): Article 26
p.(None): (deleted)
p.(None):
p.(None): Article 27
p.(None): For drugs produced in Taiwan, the labeling, usage instructions, and packaging shall be primarily in Chinese. Any appended text in a
p.(None): foreign language shall be smaller than the Chinese.
p.(None): Chinese usage instructions shall be appended to foreign imported drugs, and both their labeling and packaging shall bear the
p.(None): product's name, type, and registration number, and the name and address of the importing pharmaceutical firm, in Chinese. The
p.(None): period of validity or shelf life of the drug shall be labeled in Chinese or by the use of a commonly recognized labeling method. The
p.(None): lettering of the Chinese product name may not be smaller than the lettering of the foreign language name.
p.(None):
p.(None): Article 28
p.(None): When a change in the name of a pharmaceutical firm involves a transfer of rights, applications [for amendment of registration] shall
p.(None): be submitted by both parties.
p.(None):
p.(None): Article 29
p.(None): (deleted)
p.(None):
p.(None): Article 30
p.(None): (deleted)
p.(None):
p.(None): Article 31
p.(None): When, in response to the demands of buyers in the region of export, the name, labeling, usage instructions, or packaging of exported
p.(None): drugs must be changed or a foreign language text must be appended, an application shall be filed with two copies of the details of the
p.(None): required changes attached, for review and approval by the central competent health authority.
p.(None): No drug which, pursuant to the preceding paragraph, has had its name, labeling, usage instructions, or packaging changed or has
p.(None): had a foreign language text appended may be sold domestically.
p.(None):
p.(None): Article 32
p.(None): (deleted)
p.(None):
p.(None): Article 33
p.(None): The term "may not purchase or sell," in Article 49 of the Act, includes the sale of drugs to other than pharmacies, pharmaceutical
p.(None): firms, or medical care institutions. However, this rule does not apply to single-herb Chinese medicines that are manufactured by
p.(None): manufacturers of Chinese medicines for both medical and dietary purposes and wholesaled to food manufacturers as food raw
p.(None): materials.
p.(None):
p.(None): Article 34
p.(None): After the repackaging of imported active pharmaceutical ingredients in accordance with Article 53, paragraph 2 of the Act has been
p.(None): conducted by an importing pharmaceutical firm that meets the good manufacturing practice standards for drugs, the firm shall fill out
p.(None): an application form, accompanied by a photocopy of the drug permit license, a copy of the import declaration approved and issued by
p.(None): customs, the original manufacturer's certificate of analysis, the method of testing, and other designated documentation, and apply for
p.(None): recordation with the central competent health authority.
p.(None): Repackaged active pharmaceutical ingredients may only be sold to drug manufacturers; the labeling used shall indicate the following
p.(None): matters:
p.(None): 1. The manufacturer's name and address.
p.(None): 2. The product name and registration number.
p.(None): 3. The efficacy of the drug and its indications.
p.(None): 4. The lot number.
p.(None): 5. The name and address of the repackaging pharmaceutical firm.
p.(None): 6. The date of repackaging.
p.(None): 7. The date of manufacture and the period of validity or shelf life.
p.(None): 8. Other matters that shall be indicated in accordance with relevant provisions.
p.(None): Subparagraph 7 of the preceding paragraph does not apply when the central competent health authority, by public announcement,
p.(None): has ordered exemption from the requirement to indicate the matters set out in that article.
p.(None):
p.(None): Article 35
p.(None): The containers, labeling, usage instructions, and packaging of biological drugs shall indicate the items set out in Article 75 of the Act.
p.(None): Those that contain preservatives shall be labeled with the amount of preservative content.
p.(None):
p.(None): Article 36
p.(None): When, during the inspection and batch-sealing procedures required under Article 74 of the Act, review or test results indicate non-
p.(None): conformance with standards, then in the case of a foreign imported drug, personnel shall be dispatched by the competent health
p.(None): authority of the special municipality or county (or county-level city) to oversee return shipment of the drugs within a specified period
p.(None): by the original importer; in the case of domestically manufactured drugs that can be used after re-modification, personnel shall be
p.(None): dispatched by the competent health authority of the special municipality or county (or county-level city) to oversee their re-
p.(None): modification within a specified period by the original manufacturer. If the return shipment or re-modification cannot be accomplished
p.(None): within that time period, or if re-modification is not possible, the drugs shall be destroyed.
p.(None):
p.(None): Article 37
p.(None): When any circumstance under Article 80, paragraph 1, subparagraphs 1 through 4 of the Act applies to a drug, the pharmaceutical
p.(None): firms, pharmacies, and medical care institutions concerned shall immediately cease their importation, manufacture, wholesaling,
p.(None): display, preparation, and retailing of the drug from the date of public announcement or from a date determined in accordance with the
p.(None): law. Any firm that manufactures or imports the drug shall recall the drugs from the market within the period specified for that purpose,
p.(None): and shall dispose of them, along with the drugs in their stock, in accordance with Article 79 of the Act. The recall period, which at
p.(None): most may not exceed 2 months, shall be determined by the central competent health authority based on the nature of the individual
p.(None): case.
p.(None): When any circumstance under Article 80, paragraph 1, subparagraphs 5 or 6 of the Act applies to a drug, the drug may not be sold
p.(None): until the firm that manufactures or imports the drug, within 6 months from the date of expiration of the drug permit license or from the
p.(None): date on which the change in packaging, labeling, or usage instructions is approved, has recalled the product from the market and
p.(None): delivered it, along with any product in their stock, to be examined by and receive the seal of the competent health authority of the
p.(None): special municipality or county (or county-level city).
p.(None): Prior to carrying out recall of a drug, a manufacturer or importer shall formulate a written recall plan, setting out the recall procedure,
p.(None): time period, the deadline for filing a report on the recall results for recordation, and other related matters. The recall plan shall be
p.(None): submitted to the central competent health authority for recordation, and the recall shall then be carried out in accordance with the
p.(None): plan; after the recall has been completed, the report on results of the recall shall be prepared and submitted to health authorities at all
p.(None): levels for recordation.
p.(None):
p.(None): Article 38
p.(None): To take enforcement action against counterfeit drugs, misbranded drugs, prohibited drugs, defective medical devices, or medical
p.(None): devices manufactured or imported without prior approval, the competent health authority of a special municipality may establish an
p.(None): investigation and enforcement center; a county (or county-level city) may establish an investigation and enforcement team.
p.(None):
p.(None): Article 39
p.(None): If counterfeit drugs, misbranded drugs, prohibited drugs, defective medical devices, or medical devices manufactured or imported
p.(None): without prior approval are seized in response to an informant's report, a reward may be issued by the competent health authority of
p.(None): the special municipality or county (or county-level city) based on the point system below:
p.(None): 1. Reports of the manufacture or importation of counterfeit drugs, prohibited drugs, or medical devices manufactured or imported
p.(None): without prior approval: 4 to 10 points.
p.(None): 2. Reports of the wholesale resale (or transfer) of counterfeit drugs, prohibited drugs, or medical devices manufactured or imported
...
p.(None): persons who made the original report. If two or more persons separately report a case and the particulars of the case are the same,
p.(None): the reward shall be issued to the first person to make the report; if the order of reporting cannot be determined, the reward shall be
p.(None): divided equally among the persons who made reports.
p.(None):
p.(None): Article 41
p.(None): The standards for rewards to individual informants shall apply mutatis mutandis to those who assist enforcement authorities in seizing
p.(None): counterfeit drugs, misbranded drugs, prohibited drugs, defective medical devices, or medical devices manufactured or imported
p.(None): without prior approval.
p.(None):
p.(None): Article 42
p.(None): When a reward is to be issued in accordance with these Enforcement Rules, an application for the reward, stating the facts of the
p.(None): matter, shall be made by the enforcement authority that seized the counterfeit drugs, misbranded drugs, prohibited drugs, defective
p.(None): medical devices, or medical devices manufactured or imported without prior approval. Multiple rewards may not be issued to a person
p.(None): who simultaneously qualifies for a reward under both these Enforcement Rules and other laws or regulations.
p.(None):
p.(None): Article 43
p.(None): The name of an informant or a person who assists in the seizure of counterfeit drugs, misbranded drugs, prohibited drugs, defective
p.(None): medical devices, or medical devices manufactured or imported without prior approval shall be kept confidential, and may not be
p.(None): divulged.
p.(None):
p.(None): Article 44
p.(None): No publication or dissemination of an advertisement for a drug may take place until a pharmaceutical firm with a drug permit license
p.(None): has filled out an application form and submitted it to the central competent health authority or the competent health authority of the
p.(None): special municipality or county (or county-level city) along with photocopies of the drug permit license and the approved labeling,
p.(None): usage instructions, and packaging, the content of the advertisement, and a review fee, and the given health authority has reviewed
p.(None): and approved the above matters.
p.(None):
p.(None): Article 45
p.(None): Texts and images used in a drug advertisement shall be limited to the name of the drug, its dosage form, prescription content, usage
p.(None): quantity, usage method, efficacy, guidelines, and packaging, and the name and address of the manufacturer, as initially approved by
p.(None): the central competent health authority.
p.(None): The efficacy stated in the text of an advertisement for Chinese medicine materials shall be limited to the efficacy stated in the
p.(None): Compendium of Materia Medica.
p.(None):
p.(None): Article 46
p.(None): The name of the firm and the number of its drug permit license and the advertisement approval document shall be published
p.(None): simultaneously or disseminated together with any drug advertisement.
p.(None):
p.(None): Article 47
p.(None): When any of the following occurs in drug advertising content, that content shall be deleted or its approval shall be denied:
p.(None): 1. Content involving efficacy related to sexual intercourse.
p.(None): 2. The use of methods likely to encourage drug abuse, such as exchanges of drug containers for prizes or the provision of incentives.
p.(None): 3. Any representation that use of a drug will cure a particular disease or will improve a person's health or constitution in a particular
p.(None): area, or the creation of false or misleading scenarios as a means of publicizing the drug.
p.(None): 4. Exaggeration of a drug's efficacy or safety.
p.(None):
p.(None): Article 48
p.(None): (deleted)
p.(None):
p.(None): Article 49
p.(None): (deleted)
p.(None):
p.(None): Article 50
p.(None): "Urgent need of medical treatment services," as used in Article 102, paragraph 2 of the Act, means circumstances in which a
p.(None): physician at a medical care institution, due to urgent need for medical care measures, must immediately use a drug.
p.(None):
p.(None): Article 51
p.(None): (deleted)
p.(None):
p.(None): Article 52
p.(None): (deleted)
p.(None):
p.(None): Article 53
p.(None): The forms of documents required by the Act or by these Enforcement Rules shall be defined by the central competent health
p.(None): authority.
p.(None):
p.(None): Article 54
p.(None): These Enforcement Rules shall take effect from the date of their issuance.
p.(None):
p.(None):
p.(None):
p.(None): News Law Convention
p.(None): Searching Justices of the Constitutional Court
p.(None):
p.(None):
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p.(None): This website does not provide legal counseling service, please contact with related public offices for more information.
p.(None): In case of any discrepancy between the English version and the Chinese version, the latter shall prevail.
p.(None):
p.(None):
p.(None): │ Government Website Open Information Announcement │ Declaration on Privacy Right Protection │ Information Security Policy │ EMail │
p.(None): OPERATING BY THE WORKING GROUP OF THE R.O.C LAWS & REGULATIONS DATABASE, MINISTRY OF JUSTICE.
p.(None): NO. 130, Sec. 1, Chongqing S. Rd., Taipei, 10048, Taiwan(R.O.C.)
p.(None): Service Phone-Call: +886-2-2191-0189
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p.(None): and market approval, and whether the drug conforms with the original market inspection and approval or other relevant provisions.
p.(None): The term "testing" as used in the Act means the chemical testing and assessment of the state, ingredients, quality, quantity, or
p.(None): strength of a drug, or the assessment of a medical device through chemical, physical, mechanical, or materials testing.
p.(None):
p.(None): Article 5
p.(None): The term "manufactured without prior approval" as used in Article 20, subparagraph 1 does not include drugs under research or in
p.(None): trial production that are not for sale.
p.(None): The drugs of the preceding paragraph shall be ones for which there is a record of research or trial production and are restricted to
p.(None): those that are not packaged as a marketable product.
p.(None):
p.(None): Article 6
p.(None): The term "drug imported without prior approval" in Article 22, subparagraph 2 of the Act means that no drug permit license allowing
p.(None): import has been approved and issued by the central competent health authority in accordance with Article 39 of the Act.
p.(None):
p.(None): Article 7
p.(None): The term "use" in Article 23, subparagraph 1 of the Act means normal, reasonable use in accordance with labeling or usage
p.(None): instructions.
p.(None): Article 8
p.(None): The term "labels" in Article 25 of the Act includes text, images, or markings that appear directly on a medical device as indications.
p.(None):
p.(None): Article 9
p.(None): The matters to be registered by a pharmaceutical firm pursuant to Article 27, paragraph 21 of the Act are as follows:
p.(None): 1. The type of pharmaceutical firm being registered.
p.(None): 2. The lines of business of the firm.
p.(None): 3. The name of the firm.
p.(None): 4. The firm's address.
p.(None): 5. The firm's responsible persons.
p.(None): 6. The firm's drug administration, manufacturing supervision, or technical personnel.
p.(None): 7. Other required matters for registration.
p.(None):
p.(None): Article 10
p.(None): Those applying for registration as a pharmaceutical firm in accordance with Article 27, paragraph 1 shall fill out an application form,
p.(None): submitting it together with a licensing fee and the documents listed below, for approval by the competent health authority of their
p.(None): special municipality or county (or county-level city):
p.(None): 1. The professional licenses or certification documents of the drug administration, manufacturing supervision, or technical personnel
p.(None): that the firm is required to hire under the provisions of the Act.
p.(None): 2. For a pharmaceutical firm organized as a company, photocopies of the firm's corporate registration and articles of incorporation.
...
p.(None): exempt from this requirement.
p.(None): 4. When another pharmaceutical firm is contracted to handle the importation of active pharmaceutical ingredients for trial production
p.(None): of a drug, the letter of instruction and the pharmaceutical firm permit licenses of the contracting party and the contractor are required.
p.(None): Article 23
p.(None): (deleted)
p.(None):
p.(None): Article 23-1
p.(None): The central competent health authority may engage a health foundation or other related group or organization to perform reviews of
p.(None): academic research, safety and clinical trials, and other technical materials in connection with the market approval of drugs.
p.(None):
p.(None): Article 24
p.(None): The items required for the registration and market approval of a drug, as referred to in Articles 39 and 40 of the Act, are as follows:
p.(None): 1. The Chinese and foreign-language name of the drug.
p.(None): 2. The drug's prescription and dosage form.
p.(None): 3. The components, materials, structure, and specifications of medical devices.
p.(None): 4. The drug's labeling, usage instructions, and packaging.
p.(None): 5. The direct packaging of the drug.
p.(None): 6. The indications, efficacy, properties, method of use, amount used, and type of the drug.
p.(None): 7. The manufacturing method, the test specifications, and method of testing of the drug.
p.(None): 8. The name of the pharmaceutical firm.
p.(None): 9. The name and address of the factory that produces the drug.
p.(None): 10. Other items designated for registration of the drug by the central competent health authority.
p.(None):
p.(None): Article 25
p.(None): (deleted)
p.(None):
p.(None): Article 26
p.(None): (deleted)
p.(None):
p.(None): Article 27
p.(None): For drugs produced in Taiwan, the labeling, usage instructions, and packaging shall be primarily in Chinese. Any appended text in a
p.(None): foreign language shall be smaller than the Chinese.
p.(None): Chinese usage instructions shall be appended to foreign imported drugs, and both their labeling and packaging shall bear the
p.(None): product's name, type, and registration number, and the name and address of the importing pharmaceutical firm, in Chinese. The
p.(None): period of validity or shelf life of the drug shall be labeled in Chinese or by the use of a commonly recognized labeling method. The
p.(None): lettering of the Chinese product name may not be smaller than the lettering of the foreign language name.
p.(None):
p.(None): Article 28
p.(None): When a change in the name of a pharmaceutical firm involves a transfer of rights, applications [for amendment of registration] shall
p.(None): be submitted by both parties.
p.(None):
p.(None): Article 29
p.(None): (deleted)
p.(None):
p.(None): Article 30
p.(None): (deleted)
p.(None):
p.(None): Article 31
p.(None): When, in response to the demands of buyers in the region of export, the name, labeling, usage instructions, or packaging of exported
p.(None): drugs must be changed or a foreign language text must be appended, an application shall be filed with two copies of the details of the
p.(None): required changes attached, for review and approval by the central competent health authority.
p.(None): No drug which, pursuant to the preceding paragraph, has had its name, labeling, usage instructions, or packaging changed or has
p.(None): had a foreign language text appended may be sold domestically.
p.(None):
p.(None): Article 32
p.(None): (deleted)
p.(None):
p.(None): Article 33
p.(None): The term "may not purchase or sell," in Article 49 of the Act, includes the sale of drugs to other than pharmacies, pharmaceutical
p.(None): firms, or medical care institutions. However, this rule does not apply to single-herb Chinese medicines that are manufactured by
p.(None): manufacturers of Chinese medicines for both medical and dietary purposes and wholesaled to food manufacturers as food raw
p.(None): materials.
p.(None):
p.(None): Article 34
p.(None): After the repackaging of imported active pharmaceutical ingredients in accordance with Article 53, paragraph 2 of the Act has been
p.(None): conducted by an importing pharmaceutical firm that meets the good manufacturing practice standards for drugs, the firm shall fill out
p.(None): an application form, accompanied by a photocopy of the drug permit license, a copy of the import declaration approved and issued by
p.(None): customs, the original manufacturer's certificate of analysis, the method of testing, and other designated documentation, and apply for
p.(None): recordation with the central competent health authority.
p.(None): Repackaged active pharmaceutical ingredients may only be sold to drug manufacturers; the labeling used shall indicate the following
p.(None): matters:
p.(None): 1. The manufacturer's name and address.
p.(None): 2. The product name and registration number.
p.(None): 3. The efficacy of the drug and its indications.
p.(None): 4. The lot number.
p.(None): 5. The name and address of the repackaging pharmaceutical firm.
p.(None): 6. The date of repackaging.
p.(None): 7. The date of manufacture and the period of validity or shelf life.
p.(None): 8. Other matters that shall be indicated in accordance with relevant provisions.
p.(None): Subparagraph 7 of the preceding paragraph does not apply when the central competent health authority, by public announcement,
p.(None): has ordered exemption from the requirement to indicate the matters set out in that article.
p.(None):
p.(None): Article 35
p.(None): The containers, labeling, usage instructions, and packaging of biological drugs shall indicate the items set out in Article 75 of the Act.
p.(None): Those that contain preservatives shall be labeled with the amount of preservative content.
p.(None):
p.(None): Article 36
p.(None): When, during the inspection and batch-sealing procedures required under Article 74 of the Act, review or test results indicate non-
p.(None): conformance with standards, then in the case of a foreign imported drug, personnel shall be dispatched by the competent health
p.(None): authority of the special municipality or county (or county-level city) to oversee return shipment of the drugs within a specified period
p.(None): by the original importer; in the case of domestically manufactured drugs that can be used after re-modification, personnel shall be
p.(None): dispatched by the competent health authority of the special municipality or county (or county-level city) to oversee their re-
p.(None): modification within a specified period by the original manufacturer. If the return shipment or re-modification cannot be accomplished
p.(None): within that time period, or if re-modification is not possible, the drugs shall be destroyed.
p.(None):
p.(None): Article 37
p.(None): When any circumstance under Article 80, paragraph 1, subparagraphs 1 through 4 of the Act applies to a drug, the pharmaceutical
p.(None): firms, pharmacies, and medical care institutions concerned shall immediately cease their importation, manufacture, wholesaling,
p.(None): display, preparation, and retailing of the drug from the date of public announcement or from a date determined in accordance with the
p.(None): law. Any firm that manufactures or imports the drug shall recall the drugs from the market within the period specified for that purpose,
p.(None): and shall dispose of them, along with the drugs in their stock, in accordance with Article 79 of the Act. The recall period, which at
p.(None): most may not exceed 2 months, shall be determined by the central competent health authority based on the nature of the individual
p.(None): case.
p.(None): When any circumstance under Article 80, paragraph 1, subparagraphs 5 or 6 of the Act applies to a drug, the drug may not be sold
p.(None): until the firm that manufactures or imports the drug, within 6 months from the date of expiration of the drug permit license or from the
p.(None): date on which the change in packaging, labeling, or usage instructions is approved, has recalled the product from the market and
p.(None): delivered it, along with any product in their stock, to be examined by and receive the seal of the competent health authority of the
p.(None): special municipality or county (or county-level city).
p.(None): Prior to carrying out recall of a drug, a manufacturer or importer shall formulate a written recall plan, setting out the recall procedure,
p.(None): time period, the deadline for filing a report on the recall results for recordation, and other related matters. The recall plan shall be
p.(None): submitted to the central competent health authority for recordation, and the recall shall then be carried out in accordance with the
p.(None): plan; after the recall has been completed, the report on results of the recall shall be prepared and submitted to health authorities at all
p.(None): levels for recordation.
p.(None):
p.(None): Article 38
p.(None): To take enforcement action against counterfeit drugs, misbranded drugs, prohibited drugs, defective medical devices, or medical
p.(None): devices manufactured or imported without prior approval, the competent health authority of a special municipality may establish an
p.(None): investigation and enforcement center; a county (or county-level city) may establish an investigation and enforcement team.
p.(None):
p.(None): Article 39
p.(None): If counterfeit drugs, misbranded drugs, prohibited drugs, defective medical devices, or medical devices manufactured or imported
...
p.(None):
p.(None): Article 42
p.(None): When a reward is to be issued in accordance with these Enforcement Rules, an application for the reward, stating the facts of the
p.(None): matter, shall be made by the enforcement authority that seized the counterfeit drugs, misbranded drugs, prohibited drugs, defective
p.(None): medical devices, or medical devices manufactured or imported without prior approval. Multiple rewards may not be issued to a person
p.(None): who simultaneously qualifies for a reward under both these Enforcement Rules and other laws or regulations.
p.(None):
p.(None): Article 43
p.(None): The name of an informant or a person who assists in the seizure of counterfeit drugs, misbranded drugs, prohibited drugs, defective
p.(None): medical devices, or medical devices manufactured or imported without prior approval shall be kept confidential, and may not be
p.(None): divulged.
p.(None):
p.(None): Article 44
p.(None): No publication or dissemination of an advertisement for a drug may take place until a pharmaceutical firm with a drug permit license
p.(None): has filled out an application form and submitted it to the central competent health authority or the competent health authority of the
p.(None): special municipality or county (or county-level city) along with photocopies of the drug permit license and the approved labeling,
p.(None): usage instructions, and packaging, the content of the advertisement, and a review fee, and the given health authority has reviewed
p.(None): and approved the above matters.
p.(None):
p.(None): Article 45
p.(None): Texts and images used in a drug advertisement shall be limited to the name of the drug, its dosage form, prescription content, usage
p.(None): quantity, usage method, efficacy, guidelines, and packaging, and the name and address of the manufacturer, as initially approved by
p.(None): the central competent health authority.
p.(None): The efficacy stated in the text of an advertisement for Chinese medicine materials shall be limited to the efficacy stated in the
p.(None): Compendium of Materia Medica.
p.(None):
p.(None): Article 46
p.(None): The name of the firm and the number of its drug permit license and the advertisement approval document shall be published
p.(None): simultaneously or disseminated together with any drug advertisement.
p.(None):
p.(None): Article 47
p.(None): When any of the following occurs in drug advertising content, that content shall be deleted or its approval shall be denied:
p.(None): 1. Content involving efficacy related to sexual intercourse.
p.(None): 2. The use of methods likely to encourage drug abuse, such as exchanges of drug containers for prizes or the provision of incentives.
p.(None): 3. Any representation that use of a drug will cure a particular disease or will improve a person's health or constitution in a particular
...
Social / Incarcerated
Searching for indicator restricted:
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p.(None): Article Content
p.(None):
p.(None):
p.(None):
p.(None): Title Pharmaceutical Affairs Act Enforcement Rules CH
p.(None): Amended Date 2016-09-28
p.(None): Category Ministry of Health and Welfare
p.(None):
p.(None):
p.(None): Article Content Article No Search Content Search Legislative History
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Article 1
p.(None): These Enforcement Rules are adopted pursuant to Article 105 of the Pharmaceutical Affairs Act ("the Act").
p.(None):
p.(None): Article 2
p.(None): Terms used in Article 7 of the Act are defined as follows:
p.(None): 1. New composition: a newly invented composition that can be used for pharmaceutical purposes.
p.(None): 2. New therapeutic compound: an already approved drug with new medical efficacy in terms of new indications, reduced side effects,
p.(None): improved therapeutic strength, improved therapeutic period, or altered dosage, or a compound prepared from two or more already
p.(None): approved compositions whose medical efficacy is superior to either of the individual drug compositions.
p.(None): 3. New method of administration: An altered method of administration for an already approved drug.
p.(None):
p.(None): Article 3
p.(None): The term "medicines to be prescribed by physicians" in Article 8 of the Act means a medicine, following its examination and approval
p.(None): by the central competent health authority, for which the drug permit license states that it must be prescribed by a physician or is
p.(None): restricted to use by physicians.
p.(None):
p.(None): Article 4
p.(None): The term "inspection" as used in the Act means the examination of matters in respect of whether a drug has undergone registration
p.(None): and market approval, and whether the drug conforms with the original market inspection and approval or other relevant provisions.
p.(None): The term "testing" as used in the Act means the chemical testing and assessment of the state, ingredients, quality, quantity, or
p.(None): strength of a drug, or the assessment of a medical device through chemical, physical, mechanical, or materials testing.
p.(None):
p.(None): Article 5
p.(None): The term "manufactured without prior approval" as used in Article 20, subparagraph 1 does not include drugs under research or in
p.(None): trial production that are not for sale.
p.(None): The drugs of the preceding paragraph shall be ones for which there is a record of research or trial production and are restricted to
p.(None): those that are not packaged as a marketable product.
p.(None):
p.(None): Article 6
p.(None): The term "drug imported without prior approval" in Article 22, subparagraph 2 of the Act means that no drug permit license allowing
p.(None): import has been approved and issued by the central competent health authority in accordance with Article 39 of the Act.
p.(None):
p.(None): Article 7
p.(None): The term "use" in Article 23, subparagraph 1 of the Act means normal, reasonable use in accordance with labeling or usage
p.(None): instructions.
p.(None): Article 8
p.(None): The term "labels" in Article 25 of the Act includes text, images, or markings that appear directly on a medical device as indications.
p.(None):
p.(None): Article 9
p.(None): The matters to be registered by a pharmaceutical firm pursuant to Article 27, paragraph 21 of the Act are as follows:
p.(None): 1. The type of pharmaceutical firm being registered.
p.(None): 2. The lines of business of the firm.
p.(None): 3. The name of the firm.
p.(None): 4. The firm's address.
p.(None): 5. The firm's responsible persons.
p.(None): 6. The firm's drug administration, manufacturing supervision, or technical personnel.
p.(None): 7. Other required matters for registration.
p.(None):
p.(None): Article 10
p.(None): Those applying for registration as a pharmaceutical firm in accordance with Article 27, paragraph 1 shall fill out an application form,
p.(None): submitting it together with a licensing fee and the documents listed below, for approval by the competent health authority of their
...
Social / Linguistic Proficiency
Searching for indicator language:
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p.(None): (deleted)
p.(None):
p.(None): Article 22-1
p.(None): To apply for the importation of active pharmaceutical ingredients for the trial production of a drug in accordance with Article 39,
p.(None): paragraph 2 of the Act, an application fee shall be paid and an application form, along with the following materials, submitted to the
p.(None): central competent health authority for approval:
p.(None): 1. The pharmaceutical firm's permit license.
p.(None): 2. A written trial production plan.
p.(None): 3. The factory registration documents issued by the Ministry of Economic Affairs. Research and development organizations are
p.(None): exempt from this requirement.
p.(None): 4. When another pharmaceutical firm is contracted to handle the importation of active pharmaceutical ingredients for trial production
p.(None): of a drug, the letter of instruction and the pharmaceutical firm permit licenses of the contracting party and the contractor are required.
p.(None): Article 23
p.(None): (deleted)
p.(None):
p.(None): Article 23-1
p.(None): The central competent health authority may engage a health foundation or other related group or organization to perform reviews of
p.(None): academic research, safety and clinical trials, and other technical materials in connection with the market approval of drugs.
p.(None):
p.(None): Article 24
p.(None): The items required for the registration and market approval of a drug, as referred to in Articles 39 and 40 of the Act, are as follows:
p.(None): 1. The Chinese and foreign-language name of the drug.
p.(None): 2. The drug's prescription and dosage form.
p.(None): 3. The components, materials, structure, and specifications of medical devices.
p.(None): 4. The drug's labeling, usage instructions, and packaging.
p.(None): 5. The direct packaging of the drug.
p.(None): 6. The indications, efficacy, properties, method of use, amount used, and type of the drug.
p.(None): 7. The manufacturing method, the test specifications, and method of testing of the drug.
p.(None): 8. The name of the pharmaceutical firm.
p.(None): 9. The name and address of the factory that produces the drug.
p.(None): 10. Other items designated for registration of the drug by the central competent health authority.
p.(None):
p.(None): Article 25
p.(None): (deleted)
p.(None):
p.(None): Article 26
p.(None): (deleted)
p.(None):
p.(None): Article 27
p.(None): For drugs produced in Taiwan, the labeling, usage instructions, and packaging shall be primarily in Chinese. Any appended text in a
p.(None): foreign language shall be smaller than the Chinese.
p.(None): Chinese usage instructions shall be appended to foreign imported drugs, and both their labeling and packaging shall bear the
p.(None): product's name, type, and registration number, and the name and address of the importing pharmaceutical firm, in Chinese. The
p.(None): period of validity or shelf life of the drug shall be labeled in Chinese or by the use of a commonly recognized labeling method. The
p.(None): lettering of the Chinese product name may not be smaller than the lettering of the foreign language name.
p.(None):
p.(None): Article 28
p.(None): When a change in the name of a pharmaceutical firm involves a transfer of rights, applications [for amendment of registration] shall
p.(None): be submitted by both parties.
p.(None):
p.(None): Article 29
p.(None): (deleted)
p.(None):
p.(None): Article 30
p.(None): (deleted)
p.(None):
p.(None): Article 31
p.(None): When, in response to the demands of buyers in the region of export, the name, labeling, usage instructions, or packaging of exported
p.(None): drugs must be changed or a foreign language text must be appended, an application shall be filed with two copies of the details of the
p.(None): required changes attached, for review and approval by the central competent health authority.
p.(None): No drug which, pursuant to the preceding paragraph, has had its name, labeling, usage instructions, or packaging changed or has
p.(None): had a foreign language text appended may be sold domestically.
p.(None):
p.(None): Article 32
p.(None): (deleted)
p.(None):
p.(None): Article 33
p.(None): The term "may not purchase or sell," in Article 49 of the Act, includes the sale of drugs to other than pharmacies, pharmaceutical
p.(None): firms, or medical care institutions. However, this rule does not apply to single-herb Chinese medicines that are manufactured by
p.(None): manufacturers of Chinese medicines for both medical and dietary purposes and wholesaled to food manufacturers as food raw
p.(None): materials.
p.(None):
p.(None): Article 34
p.(None): After the repackaging of imported active pharmaceutical ingredients in accordance with Article 53, paragraph 2 of the Act has been
p.(None): conducted by an importing pharmaceutical firm that meets the good manufacturing practice standards for drugs, the firm shall fill out
p.(None): an application form, accompanied by a photocopy of the drug permit license, a copy of the import declaration approved and issued by
p.(None): customs, the original manufacturer's certificate of analysis, the method of testing, and other designated documentation, and apply for
p.(None): recordation with the central competent health authority.
p.(None): Repackaged active pharmaceutical ingredients may only be sold to drug manufacturers; the labeling used shall indicate the following
p.(None): matters:
p.(None): 1. The manufacturer's name and address.
p.(None): 2. The product name and registration number.
p.(None): 3. The efficacy of the drug and its indications.
p.(None): 4. The lot number.
p.(None): 5. The name and address of the repackaging pharmaceutical firm.
...
Social / Marital Status
Searching for indicator single:
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p.(None): lettering of the Chinese product name may not be smaller than the lettering of the foreign language name.
p.(None):
p.(None): Article 28
p.(None): When a change in the name of a pharmaceutical firm involves a transfer of rights, applications [for amendment of registration] shall
p.(None): be submitted by both parties.
p.(None):
p.(None): Article 29
p.(None): (deleted)
p.(None):
p.(None): Article 30
p.(None): (deleted)
p.(None):
p.(None): Article 31
p.(None): When, in response to the demands of buyers in the region of export, the name, labeling, usage instructions, or packaging of exported
p.(None): drugs must be changed or a foreign language text must be appended, an application shall be filed with two copies of the details of the
p.(None): required changes attached, for review and approval by the central competent health authority.
p.(None): No drug which, pursuant to the preceding paragraph, has had its name, labeling, usage instructions, or packaging changed or has
p.(None): had a foreign language text appended may be sold domestically.
p.(None):
p.(None): Article 32
p.(None): (deleted)
p.(None):
p.(None): Article 33
p.(None): The term "may not purchase or sell," in Article 49 of the Act, includes the sale of drugs to other than pharmacies, pharmaceutical
p.(None): firms, or medical care institutions. However, this rule does not apply to single-herb Chinese medicines that are manufactured by
p.(None): manufacturers of Chinese medicines for both medical and dietary purposes and wholesaled to food manufacturers as food raw
p.(None): materials.
p.(None):
p.(None): Article 34
p.(None): After the repackaging of imported active pharmaceutical ingredients in accordance with Article 53, paragraph 2 of the Act has been
p.(None): conducted by an importing pharmaceutical firm that meets the good manufacturing practice standards for drugs, the firm shall fill out
p.(None): an application form, accompanied by a photocopy of the drug permit license, a copy of the import declaration approved and issued by
p.(None): customs, the original manufacturer's certificate of analysis, the method of testing, and other designated documentation, and apply for
p.(None): recordation with the central competent health authority.
p.(None): Repackaged active pharmaceutical ingredients may only be sold to drug manufacturers; the labeling used shall indicate the following
p.(None): matters:
p.(None): 1. The manufacturer's name and address.
p.(None): 2. The product name and registration number.
p.(None): 3. The efficacy of the drug and its indications.
p.(None): 4. The lot number.
p.(None): 5. The name and address of the repackaging pharmaceutical firm.
p.(None): 6. The date of repackaging.
p.(None): 7. The date of manufacture and the period of validity or shelf life.
p.(None): 8. Other matters that shall be indicated in accordance with relevant provisions.
p.(None): Subparagraph 7 of the preceding paragraph does not apply when the central competent health authority, by public announcement,
...
Social / Property Ownership
Searching for indicator home:
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p.(None): Search SEARCH
p.(None):
p.(None): : Location Home > Law > Article Content
p.(None): P
p.(None):
p.(None): Article Content
p.(None):
p.(None):
p.(None):
p.(None): Title Pharmaceutical Affairs Act Enforcement Rules CH
p.(None): Amended Date 2016-09-28
p.(None): Category Ministry of Health and Welfare
p.(None):
p.(None):
p.(None): Article Content Article No Search Content Search Legislative History
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Article 1
p.(None): These Enforcement Rules are adopted pursuant to Article 105 of the Pharmaceutical Affairs Act ("the Act").
p.(None):
p.(None): Article 2
p.(None): Terms used in Article 7 of the Act are defined as follows:
p.(None): 1. New composition: a newly invented composition that can be used for pharmaceutical purposes.
p.(None): 2. New therapeutic compound: an already approved drug with new medical efficacy in terms of new indications, reduced side effects,
p.(None): improved therapeutic strength, improved therapeutic period, or altered dosage, or a compound prepared from two or more already
p.(None): approved compositions whose medical efficacy is superior to either of the individual drug compositions.
p.(None): 3. New method of administration: An altered method of administration for an already approved drug.
p.(None):
p.(None): Article 3
p.(None): The term "medicines to be prescribed by physicians" in Article 8 of the Act means a medicine, following its examination and approval
p.(None): by the central competent health authority, for which the drug permit license states that it must be prescribed by a physician or is
...
Social / Victim of Abuse
Searching for indicator abuse:
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p.(None): and approved the above matters.
p.(None):
p.(None): Article 45
p.(None): Texts and images used in a drug advertisement shall be limited to the name of the drug, its dosage form, prescription content, usage
p.(None): quantity, usage method, efficacy, guidelines, and packaging, and the name and address of the manufacturer, as initially approved by
p.(None): the central competent health authority.
p.(None): The efficacy stated in the text of an advertisement for Chinese medicine materials shall be limited to the efficacy stated in the
p.(None): Compendium of Materia Medica.
p.(None):
p.(None): Article 46
p.(None): The name of the firm and the number of its drug permit license and the advertisement approval document shall be published
p.(None): simultaneously or disseminated together with any drug advertisement.
p.(None):
p.(None): Article 47
p.(None): When any of the following occurs in drug advertising content, that content shall be deleted or its approval shall be denied:
p.(None): 1. Content involving efficacy related to sexual intercourse.
p.(None): 2. The use of methods likely to encourage drug abuse, such as exchanges of drug containers for prizes or the provision of incentives.
p.(None): 3. Any representation that use of a drug will cure a particular disease or will improve a person's health or constitution in a particular
p.(None): area, or the creation of false or misleading scenarios as a means of publicizing the drug.
p.(None): 4. Exaggeration of a drug's efficacy or safety.
p.(None):
p.(None): Article 48
p.(None): (deleted)
p.(None):
p.(None): Article 49
p.(None): (deleted)
p.(None):
p.(None): Article 50
p.(None): "Urgent need of medical treatment services," as used in Article 102, paragraph 2 of the Act, means circumstances in which a
p.(None): physician at a medical care institution, due to urgent need for medical care measures, must immediately use a drug.
p.(None):
p.(None): Article 51
p.(None): (deleted)
p.(None):
p.(None): Article 52
p.(None): (deleted)
p.(None):
p.(None): Article 53
p.(None): The forms of documents required by the Act or by these Enforcement Rules shall be defined by the central competent health
p.(None): authority.
p.(None):
p.(None): Article 54
p.(None): These Enforcement Rules shall take effect from the date of their issuance.
p.(None):
p.(None):
p.(None):
p.(None): News Law Convention
p.(None): Searching Justices of the Constitutional Court
p.(None):
p.(None):
p.(None): E-PAPER
p.(None): enter your email address
p.(None):
p.(None):
p.(None): Subscribe
p.(None):
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Social / education
Searching for indicator education:
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p.(None): use, or the concurrent retailing of its own products in accordance with Article 16 of the Act, and does so at the same location at which
p.(None): it manufactures and processes drugs, those businesses may be concurrently managed by its manufacturing supervisor. When the
p.(None): pharmaceutical firm, however, concurrently engages in the sale of products other than its own products or establishes a separate
p.(None): place of business to engage in any of the foregoing businesses, it shall employ separate management personnel for those respective
p.(None): purposes, and shall register as a pharmaceutical firm that is a seller of drugs or medical devices.
p.(None): When a drug manufacturer, in accordance with Article 58 of the Act, contracts another manufacturer to manufacture drugs, the
p.(None): wholesaling, exporting, and retailing of those drugs may take place in accordance with the fore part of the preceding paragraph.
p.(None):
p.(None): Article 13
p.(None): The categories of medical devices and the qualifications of the related technicians that a manufacturer of medical devices is required
p.(None): to employ, pursuant to Article 32 of the Act, are as follows:
p.(None): 1. Manufacturers of general medical equipment, clinical examination equipment, and biological materials and equipment shall employ,
p.(None): as manufacturing supervisor at its factory, a full-time resident technician who is a graduate of the science, engineering, medicine, or
p.(None): agriculture department at the undergraduate or graduate level of a domestic public or accredited private junior college or higher-level
p.(None): educational institution, or of a foreign junior-college or higher level institution recognized by the Ministry of Education.
p.(None): 2. Manufacturers of antiseptic contact lens cleaning solutions (or tablets), organ transplant preservation solutions, health materials, or
p.(None): feminine sanitary napkins shall employ a full-time resident pharmacist as manufacturing supervisor at the factory.
p.(None):
p.(None): Article 14
p.(None): A pharmaceutical firm's permit license or a pharmacy's pharmacy license shall be hung at a conspicuous location at its place of
p.(None): business.
p.(None):
p.(None): Article 15
p.(None): Matters relating to the "amendment of registration" that shall be carried out in accordance with Article 27, paragraph 1 of the Act
p.(None): include amendments to the content of a pharmaceutical firm's registration and the voluntary suspension, resumption, or termination of
p.(None): business.
p.(None): To carry out amendment of registration, a pharmaceutical firm must apply to the competent health authority that originally approved
p.(None): its registration within 15 days from the date of occurrence of a change in any matter requiring amendment of registration under the
p.(None): preceding paragraph.
p.(None):
p.(None): Article 16
p.(None): When a pharmaceutical firm amends its registration, except for registering an amendment for a change of address, it shall first apply
p.(None): to the competent health authority to amend the registration of its business address. Amendments to its registration pertaining to other
p.(None): company organization or business registration matters shall first be carried out with the relevant competent authority for commercial
p.(None): matters.
p.(None):
p.(None): Article 17
...
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p.(None):
p.(None): : Location Home > Law > Article Content
p.(None): P
p.(None):
p.(None): Article Content
p.(None):
p.(None):
p.(None):
p.(None): Title Pharmaceutical Affairs Act Enforcement Rules CH
p.(None): Amended Date 2016-09-28
p.(None): Category Ministry of Health and Welfare
p.(None):
p.(None):
p.(None): Article Content Article No Search Content Search Legislative History
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Article 1
p.(None): These Enforcement Rules are adopted pursuant to Article 105 of the Pharmaceutical Affairs Act ("the Act").
p.(None):
p.(None): Article 2
p.(None): Terms used in Article 7 of the Act are defined as follows:
p.(None): 1. New composition: a newly invented composition that can be used for pharmaceutical purposes.
p.(None): 2. New therapeutic compound: an already approved drug with new medical efficacy in terms of new indications, reduced side effects,
p.(None): improved therapeutic strength, improved therapeutic period, or altered dosage, or a compound prepared from two or more already
p.(None): approved compositions whose medical efficacy is superior to either of the individual drug compositions.
p.(None): 3. New method of administration: An altered method of administration for an already approved drug.
p.(None):
p.(None): Article 3
p.(None): The term "medicines to be prescribed by physicians" in Article 8 of the Act means a medicine, following its examination and approval
p.(None): by the central competent health authority, for which the drug permit license states that it must be prescribed by a physician or is
p.(None): restricted to use by physicians.
p.(None):
p.(None): Article 4
p.(None): The term "inspection" as used in the Act means the examination of matters in respect of whether a drug has undergone registration
p.(None): and market approval, and whether the drug conforms with the original market inspection and approval or other relevant provisions.
p.(None): The term "testing" as used in the Act means the chemical testing and assessment of the state, ingredients, quality, quantity, or
p.(None): strength of a drug, or the assessment of a medical device through chemical, physical, mechanical, or materials testing.
p.(None):
p.(None): Article 5
p.(None): The term "manufactured without prior approval" as used in Article 20, subparagraph 1 does not include drugs under research or in
p.(None): trial production that are not for sale.
p.(None): The drugs of the preceding paragraph shall be ones for which there is a record of research or trial production and are restricted to
p.(None): those that are not packaged as a marketable product.
p.(None):
p.(None): Article 6
p.(None): The term "drug imported without prior approval" in Article 22, subparagraph 2 of the Act means that no drug permit license allowing
p.(None): import has been approved and issued by the central competent health authority in accordance with Article 39 of the Act.
p.(None):
p.(None): Article 7
p.(None): The term "use" in Article 23, subparagraph 1 of the Act means normal, reasonable use in accordance with labeling or usage
p.(None): instructions.
p.(None): Article 8
p.(None): The term "labels" in Article 25 of the Act includes text, images, or markings that appear directly on a medical device as indications.
p.(None):
p.(None): Article 9
p.(None): The matters to be registered by a pharmaceutical firm pursuant to Article 27, paragraph 21 of the Act are as follows:
p.(None): 1. The type of pharmaceutical firm being registered.
p.(None): 2. The lines of business of the firm.
p.(None): 3. The name of the firm.
p.(None): 4. The firm's address.
p.(None): 5. The firm's responsible persons.
p.(None): 6. The firm's drug administration, manufacturing supervision, or technical personnel.
p.(None): 7. Other required matters for registration.
p.(None):
p.(None): Article 10
p.(None): Those applying for registration as a pharmaceutical firm in accordance with Article 27, paragraph 1 shall fill out an application form,
p.(None): submitting it together with a licensing fee and the documents listed below, for approval by the competent health authority of their
p.(None): special municipality or county (or county-level city):
p.(None): 1. The professional licenses or certification documents of the drug administration, manufacturing supervision, or technical personnel
p.(None): that the firm is required to hire under the provisions of the Act.
p.(None): 2. For a pharmaceutical firm organized as a company, photocopies of the firm's corporate registration and articles of incorporation.
p.(None): 3. For a seller of drugs and medical devices, the firm's business address and a basic floor plan showing the premises (the drug
p.(None): storage warehouse) and principal equipment.
p.(None): 4. For a manufacturer of drugs or medical devices, the firm's factory registration certificate and a photocopy of the same, except when
p.(None): the firm is exempt from factory registration under the Factory Management Act.
p.(None): 5. Other documents required by the special municipality or county (or county-level city).
p.(None): For a newly established pharmaceutical firm organized as a company, the competent health authority may first issue establishment
p.(None): permit documents to the firm, then issue a pharmaceutical firm permit license to the firm after it obtains its corporate registration or
p.(None): factory registration documents.
p.(None):
p.(None): Article 11
p.(None): In any application for registration as a pharmaceutical firm, the provisions of Articles 14 through 18 of the Act shall be followed with
p.(None): respect to which type of pharmaceutical firm the application is for and the lines of business to be stated in the registration.
p.(None): When a seller of western drugs is under the management of a resident assistant pharmacist, the listing of its lines of business shall
p.(None): note that it is not a seller of narcotic drugs.
p.(None): When a pharmaceutical firm engages in the business of radiopharmaceuticals, it shall apply for and receive approval in accordance
p.(None): with relevant laws and regulations before commencing sale of those items.
p.(None):
p.(None): Article 12
p.(None): When a drug manufacturer engages in the wholesaling and exporting of its own products, the importing of raw materials for its own
p.(None): use, or the concurrent retailing of its own products in accordance with Article 16 of the Act, and does so at the same location at which
p.(None): it manufactures and processes drugs, those businesses may be concurrently managed by its manufacturing supervisor. When the
p.(None): pharmaceutical firm, however, concurrently engages in the sale of products other than its own products or establishes a separate
p.(None): place of business to engage in any of the foregoing businesses, it shall employ separate management personnel for those respective
p.(None): purposes, and shall register as a pharmaceutical firm that is a seller of drugs or medical devices.
...
p.(None):
p.(None): Article 13
p.(None): The categories of medical devices and the qualifications of the related technicians that a manufacturer of medical devices is required
p.(None): to employ, pursuant to Article 32 of the Act, are as follows:
p.(None): 1. Manufacturers of general medical equipment, clinical examination equipment, and biological materials and equipment shall employ,
p.(None): as manufacturing supervisor at its factory, a full-time resident technician who is a graduate of the science, engineering, medicine, or
p.(None): agriculture department at the undergraduate or graduate level of a domestic public or accredited private junior college or higher-level
p.(None): educational institution, or of a foreign junior-college or higher level institution recognized by the Ministry of Education.
p.(None): 2. Manufacturers of antiseptic contact lens cleaning solutions (or tablets), organ transplant preservation solutions, health materials, or
p.(None): feminine sanitary napkins shall employ a full-time resident pharmacist as manufacturing supervisor at the factory.
p.(None):
p.(None): Article 14
p.(None): A pharmaceutical firm's permit license or a pharmacy's pharmacy license shall be hung at a conspicuous location at its place of
p.(None): business.
p.(None):
p.(None): Article 15
p.(None): Matters relating to the "amendment of registration" that shall be carried out in accordance with Article 27, paragraph 1 of the Act
p.(None): include amendments to the content of a pharmaceutical firm's registration and the voluntary suspension, resumption, or termination of
p.(None): business.
p.(None): To carry out amendment of registration, a pharmaceutical firm must apply to the competent health authority that originally approved
p.(None): its registration within 15 days from the date of occurrence of a change in any matter requiring amendment of registration under the
p.(None): preceding paragraph.
p.(None):
p.(None): Article 16
p.(None): When a pharmaceutical firm amends its registration, except for registering an amendment for a change of address, it shall first apply
p.(None): to the competent health authority to amend the registration of its business address. Amendments to its registration pertaining to other
p.(None): company organization or business registration matters shall first be carried out with the relevant competent authority for commercial
p.(None): matters.
p.(None):
p.(None): Article 17
p.(None): When a pharmaceutical firm has employed a person for drug administration or manufacturing supervision in accordance with Articles
p.(None): 28 or 29 of the Act or employed a technician in accordance with Articles 21 or 32 of the Act, and that person is unable to perform their
p.(None): duties due to dismissal, resignation, or some other reason, and no other such person has yet been employed, the pharmaceutical
p.(None): firm shall suspend business operations and apply for suspension or termination of its registration.
p.(None):
p.(None): Article 18
p.(None): A pharmacist, assistant pharmacist, or Chinese medicine doctor employed by a seller of drugs in accordance with Article 28 of the
p.(None): Act, or a pharmacist or an assistant pharmacist that personally manages the business of a pharmacy in accordance with Article 19 of
p.(None): the Act, shall be personally present to conduct business at the firm's place of business. When that person is not present at the place
p.(None): of business, a sign clearly indicating that fact shall be hung on the door.
p.(None):
p.(None): Article 19
p.(None): (deleted)
p.(None):
p.(None): Article 20
p.(None): (deleted)
p.(None):
p.(None): Article 21
p.(None): (deleted)
p.(None):
p.(None): Article 22
p.(None): (deleted)
p.(None):
p.(None): Article 22-1
p.(None): To apply for the importation of active pharmaceutical ingredients for the trial production of a drug in accordance with Article 39,
p.(None): paragraph 2 of the Act, an application fee shall be paid and an application form, along with the following materials, submitted to the
p.(None): central competent health authority for approval:
p.(None): 1. The pharmaceutical firm's permit license.
p.(None): 2. A written trial production plan.
p.(None): 3. The factory registration documents issued by the Ministry of Economic Affairs. Research and development organizations are
p.(None): exempt from this requirement.
p.(None): 4. When another pharmaceutical firm is contracted to handle the importation of active pharmaceutical ingredients for trial production
p.(None): of a drug, the letter of instruction and the pharmaceutical firm permit licenses of the contracting party and the contractor are required.
p.(None): Article 23
p.(None): (deleted)
p.(None):
p.(None): Article 23-1
p.(None): The central competent health authority may engage a health foundation or other related group or organization to perform reviews of
p.(None): academic research, safety and clinical trials, and other technical materials in connection with the market approval of drugs.
p.(None):
p.(None): Article 24
p.(None): The items required for the registration and market approval of a drug, as referred to in Articles 39 and 40 of the Act, are as follows:
p.(None): 1. The Chinese and foreign-language name of the drug.
p.(None): 2. The drug's prescription and dosage form.
p.(None): 3. The components, materials, structure, and specifications of medical devices.
p.(None): 4. The drug's labeling, usage instructions, and packaging.
p.(None): 5. The direct packaging of the drug.
p.(None): 6. The indications, efficacy, properties, method of use, amount used, and type of the drug.
p.(None): 7. The manufacturing method, the test specifications, and method of testing of the drug.
p.(None): 8. The name of the pharmaceutical firm.
p.(None): 9. The name and address of the factory that produces the drug.
p.(None): 10. Other items designated for registration of the drug by the central competent health authority.
p.(None):
p.(None): Article 25
p.(None): (deleted)
p.(None):
p.(None): Article 26
p.(None): (deleted)
p.(None):
p.(None): Article 27
p.(None): For drugs produced in Taiwan, the labeling, usage instructions, and packaging shall be primarily in Chinese. Any appended text in a
p.(None): foreign language shall be smaller than the Chinese.
p.(None): Chinese usage instructions shall be appended to foreign imported drugs, and both their labeling and packaging shall bear the
p.(None): product's name, type, and registration number, and the name and address of the importing pharmaceutical firm, in Chinese. The
p.(None): period of validity or shelf life of the drug shall be labeled in Chinese or by the use of a commonly recognized labeling method. The
p.(None): lettering of the Chinese product name may not be smaller than the lettering of the foreign language name.
p.(None):
p.(None): Article 28
p.(None): When a change in the name of a pharmaceutical firm involves a transfer of rights, applications [for amendment of registration] shall
p.(None): be submitted by both parties.
p.(None):
p.(None): Article 29
p.(None): (deleted)
p.(None):
p.(None): Article 30
p.(None): (deleted)
p.(None):
p.(None): Article 31
p.(None): When, in response to the demands of buyers in the region of export, the name, labeling, usage instructions, or packaging of exported
p.(None): drugs must be changed or a foreign language text must be appended, an application shall be filed with two copies of the details of the
p.(None): required changes attached, for review and approval by the central competent health authority.
p.(None): No drug which, pursuant to the preceding paragraph, has had its name, labeling, usage instructions, or packaging changed or has
p.(None): had a foreign language text appended may be sold domestically.
p.(None):
p.(None): Article 32
p.(None): (deleted)
p.(None):
p.(None): Article 33
p.(None): The term "may not purchase or sell," in Article 49 of the Act, includes the sale of drugs to other than pharmacies, pharmaceutical
p.(None): firms, or medical care institutions. However, this rule does not apply to single-herb Chinese medicines that are manufactured by
p.(None): manufacturers of Chinese medicines for both medical and dietary purposes and wholesaled to food manufacturers as food raw
p.(None): materials.
p.(None):
p.(None): Article 34
p.(None): After the repackaging of imported active pharmaceutical ingredients in accordance with Article 53, paragraph 2 of the Act has been
p.(None): conducted by an importing pharmaceutical firm that meets the good manufacturing practice standards for drugs, the firm shall fill out
p.(None): an application form, accompanied by a photocopy of the drug permit license, a copy of the import declaration approved and issued by
p.(None): customs, the original manufacturer's certificate of analysis, the method of testing, and other designated documentation, and apply for
p.(None): recordation with the central competent health authority.
p.(None): Repackaged active pharmaceutical ingredients may only be sold to drug manufacturers; the labeling used shall indicate the following
p.(None): matters:
p.(None): 1. The manufacturer's name and address.
p.(None): 2. The product name and registration number.
p.(None): 3. The efficacy of the drug and its indications.
p.(None): 4. The lot number.
p.(None): 5. The name and address of the repackaging pharmaceutical firm.
p.(None): 6. The date of repackaging.
p.(None): 7. The date of manufacture and the period of validity or shelf life.
p.(None): 8. Other matters that shall be indicated in accordance with relevant provisions.
p.(None): Subparagraph 7 of the preceding paragraph does not apply when the central competent health authority, by public announcement,
p.(None): has ordered exemption from the requirement to indicate the matters set out in that article.
p.(None):
p.(None): Article 35
p.(None): The containers, labeling, usage instructions, and packaging of biological drugs shall indicate the items set out in Article 75 of the Act.
p.(None): Those that contain preservatives shall be labeled with the amount of preservative content.
p.(None):
p.(None): Article 36
p.(None): When, during the inspection and batch-sealing procedures required under Article 74 of the Act, review or test results indicate non-
p.(None): conformance with standards, then in the case of a foreign imported drug, personnel shall be dispatched by the competent health
p.(None): authority of the special municipality or county (or county-level city) to oversee return shipment of the drugs within a specified period
p.(None): by the original importer; in the case of domestically manufactured drugs that can be used after re-modification, personnel shall be
p.(None): dispatched by the competent health authority of the special municipality or county (or county-level city) to oversee their re-
p.(None): modification within a specified period by the original manufacturer. If the return shipment or re-modification cannot be accomplished
p.(None): within that time period, or if re-modification is not possible, the drugs shall be destroyed.
p.(None):
p.(None): Article 37
p.(None): When any circumstance under Article 80, paragraph 1, subparagraphs 1 through 4 of the Act applies to a drug, the pharmaceutical
p.(None): firms, pharmacies, and medical care institutions concerned shall immediately cease their importation, manufacture, wholesaling,
p.(None): display, preparation, and retailing of the drug from the date of public announcement or from a date determined in accordance with the
p.(None): law. Any firm that manufactures or imports the drug shall recall the drugs from the market within the period specified for that purpose,
p.(None): and shall dispose of them, along with the drugs in their stock, in accordance with Article 79 of the Act. The recall period, which at
p.(None): most may not exceed 2 months, shall be determined by the central competent health authority based on the nature of the individual
p.(None): case.
p.(None): When any circumstance under Article 80, paragraph 1, subparagraphs 5 or 6 of the Act applies to a drug, the drug may not be sold
p.(None): until the firm that manufactures or imports the drug, within 6 months from the date of expiration of the drug permit license or from the
p.(None): date on which the change in packaging, labeling, or usage instructions is approved, has recalled the product from the market and
p.(None): delivered it, along with any product in their stock, to be examined by and receive the seal of the competent health authority of the
p.(None): special municipality or county (or county-level city).
p.(None): Prior to carrying out recall of a drug, a manufacturer or importer shall formulate a written recall plan, setting out the recall procedure,
p.(None): time period, the deadline for filing a report on the recall results for recordation, and other related matters. The recall plan shall be
p.(None): submitted to the central competent health authority for recordation, and the recall shall then be carried out in accordance with the
p.(None): plan; after the recall has been completed, the report on results of the recall shall be prepared and submitted to health authorities at all
p.(None): levels for recordation.
p.(None):
p.(None): Article 38
p.(None): To take enforcement action against counterfeit drugs, misbranded drugs, prohibited drugs, defective medical devices, or medical
p.(None): devices manufactured or imported without prior approval, the competent health authority of a special municipality may establish an
p.(None): investigation and enforcement center; a county (or county-level city) may establish an investigation and enforcement team.
p.(None):
p.(None): Article 39
p.(None): If counterfeit drugs, misbranded drugs, prohibited drugs, defective medical devices, or medical devices manufactured or imported
p.(None): without prior approval are seized in response to an informant's report, a reward may be issued by the competent health authority of
p.(None): the special municipality or county (or county-level city) based on the point system below:
p.(None): 1. Reports of the manufacture or importation of counterfeit drugs, prohibited drugs, or medical devices manufactured or imported
p.(None): without prior approval: 4 to 10 points.
p.(None): 2. Reports of the wholesale resale (or transfer) of counterfeit drugs, prohibited drugs, or medical devices manufactured or imported
p.(None): without prior approval: 2 to 5 points.
p.(None): 3. Reports of the retailing, shipment, storage (or acceptance for storage), a person acting as a broker for, or the display with intent to
p.(None): sell of counterfeit drugs, prohibited drugs, or medical devices manufactured or imported without prior approval: 2 to 3 points.
p.(None): 4. Reports of the manufacture, importation, or sale of misbranded drugs or defective medical devices: 2 to 3 points.
p.(None): The monetary amount correlated with each point will be determined by the competent health authority of the special municipality or
p.(None): county (or county-level city) as it deems appropriate under the circumstances, and it shall also make budgetary allocations for that
p.(None): purpose. When necessary, the central competent health authority may allocate funds to subsidize rewards for seizures.
p.(None):
p.(None): Article 40
p.(None): When a case under the preceding Article is jointly reported by two or more persons, the reward shall be collected jointly by the
p.(None): persons who made the original report. If two or more persons separately report a case and the particulars of the case are the same,
p.(None): the reward shall be issued to the first person to make the report; if the order of reporting cannot be determined, the reward shall be
p.(None): divided equally among the persons who made reports.
p.(None):
p.(None): Article 41
p.(None): The standards for rewards to individual informants shall apply mutatis mutandis to those who assist enforcement authorities in seizing
p.(None): counterfeit drugs, misbranded drugs, prohibited drugs, defective medical devices, or medical devices manufactured or imported
p.(None): without prior approval.
p.(None):
p.(None): Article 42
p.(None): When a reward is to be issued in accordance with these Enforcement Rules, an application for the reward, stating the facts of the
p.(None): matter, shall be made by the enforcement authority that seized the counterfeit drugs, misbranded drugs, prohibited drugs, defective
p.(None): medical devices, or medical devices manufactured or imported without prior approval. Multiple rewards may not be issued to a person
p.(None): who simultaneously qualifies for a reward under both these Enforcement Rules and other laws or regulations.
p.(None):
p.(None): Article 43
p.(None): The name of an informant or a person who assists in the seizure of counterfeit drugs, misbranded drugs, prohibited drugs, defective
p.(None): medical devices, or medical devices manufactured or imported without prior approval shall be kept confidential, and may not be
p.(None): divulged.
p.(None):
p.(None): Article 44
p.(None): No publication or dissemination of an advertisement for a drug may take place until a pharmaceutical firm with a drug permit license
p.(None): has filled out an application form and submitted it to the central competent health authority or the competent health authority of the
p.(None): special municipality or county (or county-level city) along with photocopies of the drug permit license and the approved labeling,
p.(None): usage instructions, and packaging, the content of the advertisement, and a review fee, and the given health authority has reviewed
p.(None): and approved the above matters.
p.(None):
p.(None): Article 45
p.(None): Texts and images used in a drug advertisement shall be limited to the name of the drug, its dosage form, prescription content, usage
p.(None): quantity, usage method, efficacy, guidelines, and packaging, and the name and address of the manufacturer, as initially approved by
p.(None): the central competent health authority.
p.(None): The efficacy stated in the text of an advertisement for Chinese medicine materials shall be limited to the efficacy stated in the
p.(None): Compendium of Materia Medica.
p.(None):
p.(None): Article 46
p.(None): The name of the firm and the number of its drug permit license and the advertisement approval document shall be published
p.(None): simultaneously or disseminated together with any drug advertisement.
p.(None):
p.(None): Article 47
p.(None): When any of the following occurs in drug advertising content, that content shall be deleted or its approval shall be denied:
p.(None): 1. Content involving efficacy related to sexual intercourse.
p.(None): 2. The use of methods likely to encourage drug abuse, such as exchanges of drug containers for prizes or the provision of incentives.
p.(None): 3. Any representation that use of a drug will cure a particular disease or will improve a person's health or constitution in a particular
p.(None): area, or the creation of false or misleading scenarios as a means of publicizing the drug.
p.(None): 4. Exaggeration of a drug's efficacy or safety.
p.(None):
p.(None): Article 48
p.(None): (deleted)
p.(None):
p.(None): Article 49
p.(None): (deleted)
p.(None):
p.(None): Article 50
p.(None): "Urgent need of medical treatment services," as used in Article 102, paragraph 2 of the Act, means circumstances in which a
p.(None): physician at a medical care institution, due to urgent need for medical care measures, must immediately use a drug.
p.(None):
p.(None): Article 51
p.(None): (deleted)
p.(None):
p.(None): Article 52
p.(None): (deleted)
p.(None):
p.(None): Article 53
p.(None): The forms of documents required by the Act or by these Enforcement Rules shall be defined by the central competent health
p.(None): authority.
p.(None):
p.(None): Article 54
p.(None): These Enforcement Rules shall take effect from the date of their issuance.
p.(None):
p.(None):
p.(None):
p.(None): News Law Convention
p.(None): Searching Justices of the Constitutional Court
p.(None):
p.(None):
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p.(None): In case of any discrepancy between the English version and the Chinese version, the latter shall prevail.
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p.(None):
p.(None): │ Government Website Open Information Announcement │ Declaration on Privacy Right Protection │ Information Security Policy │ EMail │
p.(None): OPERATING BY THE WORKING GROUP OF THE R.O.C LAWS & REGULATIONS DATABASE, MINISTRY OF JUSTICE.
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...
Orphaned Trigger Words
Appendix
Indicator List
Indicator | Vulnerability |
abuse | Victim of Abuse |
authority | Relationship to Authority |
drug | Drug Usage |
education | education |
home | Property Ownership |
language | Linguistic Proficiency |
party | political affiliation |
restricted | Incarcerated |
single | Marital Status |
usage | Drug Usage |
Indicator Peers (Indicators in Same Vulnerability)
Indicator | Peers |
drug | ['usage'] |
usage | ['drug'] |
Trigger Words
justice
protection
welfare
Applicable Type / Vulnerability / Indicator Overlay for this Input