79C3C34C52B45572883A05D425EB0F82
Medical Care Act (2014):
https://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?pcode=L0020021
http://leaux.net/URLS/ConvertAPI Text Files/C93C7DC2D4501C8080FE35BF6C9150B7.en.txt
Examining the file media/Synopses/C93C7DC2D4501C8080FE35BF6C9150B7.html:
This file was generated: 2020-12-01 07:49:01
| 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. |
Link to Orphaned Trigger Words (Appendix (Indicator List, Indicator Peers, Trigger Words, Type/Vulnerability/Indicator Overlay)
Applicable Type / Vulnerability / Indicator Overlay for this Input
Political / Illegal Activity
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p.(None): Medical fees charged by medical care institutions shall not violate or exceed the standard for the fees, nor shall medical institutions
p.(None): charge for items without authorization.
p.(None):
p.(None): Article 23
p.(None): When the practice is suspended or terminated, the medical care institution shall notify the original license issuing authority for record
p.(None): purposes within 30 days.
p.(None): Duration of the suspension mentioned in the preceding paragraph shall be limited to one year; for suspension over one year,
p.(None): termination of practice shall be filed within 30 days from the date when the one-year deadline is over.
p.(None): If a medical care institution fails to file for termination of practice as provided in the preceding paragraph, the competent authority may
p.(None): terminate its practice at its own discretion.
p.(None): Provisions regarding the establishment and commencement of practice shall apply mutatis mutandis to the relocation of medical care
p.(None): institutions.
p.(None): Provisions regarding the commencement of practice shall apply mutatis mutandis to the resumption of practice for medical care
p.(None): institutions.
p.(None):
p.(None): Article 24
p.(None): Medical care institutions shall be clean and orderly, and shall not impede public health and safety.
p.(None): For the purpose of protecting patients’ safety when they seek medical care, no person shall hinder medical practices by means of
p.(None): violence, coercion, intimidation, public insults or other illegal methods.
p.(None): Medical care institutions shall undertake necessary measures to ensure the safety of medical personnel when they practice medicine.
p.(None): The police authority shall eliminate or restrain persons who violate the provisions of Paragraph 2. In case that criminal liabilities have
p.(None): arisen, such violations shall be referred to the competent juridical authority for investigation purposes.
p.(None): The central competent authority shall establish a reporting mechanism, and shall announce, on a regular basis, the details of any
p.(None): events set forth in Paragraph 2 when they occur in a medical care institution as well as the final results.
p.(None): Article 25
p.(None): The architectural structure and facilities of hospitals shall have fire prevention, escape routes, and other necessary precautions. In
p.(None): addition, hospitals shall also establish emergency response measures.
p.(None): The emergency response measures referred to in the preceding Paragraph and the regulations regarding their inspection shall be
p.(None): determined by the central competent authority.
p.(None):
p.(None): Article 26
p.(None): Medical care institutions shall submit reports in accordance with the provisions of the law or with the notification of the competent
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p.(None): 4. Violation of regulations determined by the central competent authority in accordance with Article 69.
p.(None):
p.(None): Article 103
p.(None): Persons under any of the following conditions shall be subject to a fine of no less than NT$50,000 but no more than NT$250,000:
p.(None): 1. Violation of any of the provisions of Paragraph 1 of Article 15, Paragraph 2 of Article 17, Paragraph 2 of Article 22, Paragraphs 4
p.(None): and 5 of Article 23, Paragraph 1 of Article 57, Article 61, Paragraph 1 of Article 63, Article 64, Article 72, Article 85, or Article 86, or
p.(None): those who alter approved advertisement content without authorization.
p.(None): 2. Violation of regulations determined by the central competent authority in accordance with Paragraph 2 of Article 62 or Paragraph 2
p.(None): of Article 93.
p.(None): 3. Medical care institutions employing or keeping unqualified medical personnel other than physicians for execution of duties that
p.(None): should be carried out by specialized medical personnel.
p.(None): Persons who violate any provisions of Article 85 or Article 86 or revise the content of the previously approved medical advertisements
p.(None): without authorization, and fall under any of the following conditions, shall be subject to suspension of practice for no less than one
p.(None): month but no more than one year or revocation of practice license, in addition to the penal provisions provided in the preceding
p.(None): paragraph, and the central competent authority shall revoke the physician certificate of the supervising physician for one year:
p.(None): 1. Content contains false, exaggerated, or distorted facts, or is indecent;
p.(None): 2. Promotes illegal abortion;
p.(None): 3. Has already been penalized three times within one year.
p.(None):
p.(None): Article 104
p.(None): Persons who violate Article 84to make medical advertisements shall be subject to a fine of no less than NT$50,000 but no more than
p.(None): NT$250,000.
p.(None):
p.(None): Article 105
p.(None): Persons who violate any of the provisions of Paragraph 1 or 2 of Article 78 herein by administering human research without the
p.(None): approval, entrustment or consent of the central competent authority, shall be subject to a fine of no less than NT$200,000 but no
p.(None): more than NT$1,000,000, and be ordered to suspend or terminate the human research by the central competent authority. Violations
p.(None): of a serious nature shall also be subject to suspension of practice for no less than one month but no more than one year or revocation
p.(None): of practice license.
p.(None): Persons who violate any of the provisions of Paragraph 3 of Article 78 herein or any regulations about the review benchmark
p.(None): stipulated by the central competent authority in accordance with Article 79-1 shall be subject to a fine of no less than NT$100,000 but
p.(None): no more than NT$500,000 by the central competent authority, and be ordered to discontinue the human research or the review set
p.(None): forth in Paragraph 3 of Article 78.
p.(None): Persons who violate any of the provisions of Article 79, Article 79-2, Paragraph 1 of Article 80 herein or the regulations governing the
...
p.(None): concern. Violations of a serious nature shall also be subject to cessation of practice for whole or part of relevant business or for
p.(None): departments and services that violate the provisions for no less than one month but no more than one year.
p.(None): Persons who violate any of the provisions of Paragraph 4 of Article 78 herein shall be subject to a fine of no less than NT$50,000 but
p.(None): no more than NT$250,000 by the central competent authority, and in addition, be ordered to discontinue the human research.
p.(None): Violations of a serious nature shall also be ordered to terminate the human research.
p.(None): Article 106
p.(None): Persons who violate the provisions of Paragraph 2 of Article 24 shall be subject to a fine between NT$30,000 and NT$50,000.
p.(None): Violations that involve criminal liabilities shall be referred to the juridical authority.
p.(None): Persons who damage the life saving equipment in medical care institutions or other similar places and consequently endanger the
p.(None): life, body or health of others are subject to imprisonment for no more than three years, detention or a fine of no more than
p.(None): NT$300,000.
p.(None): Persons who hinder medical personnel or emergency medical services personnel from carrying out medical practices or emergency
p.(None): medical services by means of violence, coercion, intimidation or other illegal methods are subject to imprisonment for no more than
p.(None): three years, or in addition thereto, a fine of no more than NT$300,000.
p.(None): Those who commit the offense set forth in the preceding paragraph are subject to imprisonment for life or no less than seven years if
p.(None): their offense causes the death of medical personnel or emergency medical services personnel, and imprisonment for no less than
p.(None): three years but no more than ten years if their offense causes serious injury to medical personnel or emergency medical services
p.(None): personnel.
p.(None):
p.(None): Article 107
p.(None): Those who violate any of the provisionsofParagraph2 of Article 61, Paragraph2 of Article 62, Paragraph1ofArticle 63,
p.(None): Paragraph1ofArticle 64, Article 68, Article 72, Article 78, Article 79, or Paragraph 2 of Article 93 shall be penalized in accordance with
p.(None): the provisions of Article 102, Article 103, or Article 105. In addition, the offender shall also be penalized by said Articles. Persons
p.(None): whose violations involve criminal liability shall be transferred to the juridical authority for disposal.
p.(None): In the event that the offender is a medical person, he/she shall be penalized in accordance with the respective specialty medical
p.(None): profession laws.
p.(None):
p.(None): Article 108
p.(None): Medical care institutions which fall under the following conditions shall be subject to a fine of no less than NT$50,000 but no more
p.(None): than NT$500,000. In addition, the of ending clinic departments or service items, or all or part of the clinic departments and
...
Political / criminal
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p.(None): purposes within 30 days.
p.(None): Duration of the suspension mentioned in the preceding paragraph shall be limited to one year; for suspension over one year,
p.(None): termination of practice shall be filed within 30 days from the date when the one-year deadline is over.
p.(None): If a medical care institution fails to file for termination of practice as provided in the preceding paragraph, the competent authority may
p.(None): terminate its practice at its own discretion.
p.(None): Provisions regarding the establishment and commencement of practice shall apply mutatis mutandis to the relocation of medical care
p.(None): institutions.
p.(None): Provisions regarding the commencement of practice shall apply mutatis mutandis to the resumption of practice for medical care
p.(None): institutions.
p.(None):
p.(None): Article 24
p.(None): Medical care institutions shall be clean and orderly, and shall not impede public health and safety.
p.(None): For the purpose of protecting patients’ safety when they seek medical care, no person shall hinder medical practices by means of
p.(None): violence, coercion, intimidation, public insults or other illegal methods.
p.(None): Medical care institutions shall undertake necessary measures to ensure the safety of medical personnel when they practice medicine.
p.(None): The police authority shall eliminate or restrain persons who violate the provisions of Paragraph 2. In case that criminal liabilities have
p.(None): arisen, such violations shall be referred to the competent juridical authority for investigation purposes.
p.(None): The central competent authority shall establish a reporting mechanism, and shall announce, on a regular basis, the details of any
p.(None): events set forth in Paragraph 2 when they occur in a medical care institution as well as the final results.
p.(None): Article 25
p.(None): The architectural structure and facilities of hospitals shall have fire prevention, escape routes, and other necessary precautions. In
p.(None): addition, hospitals shall also establish emergency response measures.
p.(None): The emergency response measures referred to in the preceding Paragraph and the regulations regarding their inspection shall be
p.(None): determined by the central competent authority.
p.(None):
p.(None): Article 26
p.(None): Medical care institutions shall submit reports in accordance with the provisions of the law or with the notification of the competent
p.(None): authority, and shall accept inspections or data collections conducted by the competent authority regarding personnel, facilities,
p.(None): medical fees, medical practices, health and safety, and medical records.
p.(None):
p.(None): Article 27
p.(None): In case of serious disasters, medical care institutions shall obey the orders and directions of the competent authority in providing
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p.(None): results in clear damage to the organization of the board of directors, the central competent authority shall appoint a replacement
p.(None): director according to the petition of other directors or interested parties.
p.(None): The regulations regarding appointment shall be determined by the central competent authority.
p.(None): In the case that a medical care corporate director is in violation of the law or bylaws, resulting in harm done to the juridical person, is
p.(None): harmful to the interests of the established institution, and causes an inability to operate normally, the central competent authority may
p.(None): order said director to temporarily cease from his/her duties or dismiss him/her according to the petition of other directors or interested
p.(None): parties.
p.(None): The temporary cessation from duties referred to in the preceding Paragraph shall not exceed six months. In the case that the
p.(None): cessation from duties results in clear damage to the organization of the board of directors, the central competent authority shall
p.(None): appoint a temporary director in replacement. The appointment of the temporary director shall be exempt from registration, and shall
p.(None): be appointed in accordance with provisions provided for in the first Paragraph.
p.(None):
p.(None): Article 45-1
p.(None): Any person with any of the following conditions must not serve as a director or supervisor:
p.(None): 1. The person has violated Articles 121 to 123 and Article 131 of the Criminal Code or Articles 4 to 6-1 or Article 11 of the Anti-
p.(None): Corruption Act and has been convicted of the offense or issued a wanted circular for an unclosed case. However, this rule does not
p.(None): apply to the cases where probation is pronounced or the punishment has been commuted to a fine and the fine has been paid in full.
p.(None): 2. The person has been charged with misappropriation, fraud, or breach of trust and has been convicted of the aforesaid offenses or
p.(None): issued a wanted circular for an unclosed case. However, this rule does not apply to the cases where probation is pronounced or the
p.(None): punishment has been commuted to a fine and the fine has been paid in full.
p.(None): 3. The person is faced with the pronouncement of custodial protection or aid that has not been revoked yet.
p.(None): 4. The person has been appraised by physicians to be suffering from mental illness or any other physical or mental impairment that
p.(None): prevents him/her from engaging in professional practice.
p.(None): 5. The person had assumed the post of chairman of the board, director or supervisor and was dismissed pursuant to Paragraph 2 of
p.(None): the preceding article or Subparagraph 3, Paragraph 1 of Article 45-2.
p.(None): 6. The person has been adjudicated bankrupt or subject to the commencement of the liquidation process as ruled, and has not been
p.(None): reinstated to his/her rights and privileges.
p.(None):
p.(None): Article 45-2
p.(None): The chairman of the board, a director or a supervisor shall be dismissed if any of the following circumstances occurs during his/her
p.(None): term of office:
p.(None): 1. Having a letter of resignation presented to a board of directors meeting and included in the meeting’s minutes.
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p.(None): consent of his/her legal representative is required.
p.(None): The medical care institution shall clearly state the following on the written consent referred to in the preceding paragraph, and shall
p.(None): inform the subject or his/her legal representative in a manner comprehensible to him/her before obtaining his/her consent:
p.(None): 1. Purpose and method of research;
p.(None): 2. Possible risks and side effects;
p.(None): 3. Expected results;
p.(None): 4. Explanation of other possible treatment methods;
p.(None): 5. Subject’s right to withdrawal of consent at any time;
p.(None): 6. Research-related compensation for damages or insurance coverage;
p.(None): 7. Confidentiality of the subject’s personal information; and
p.(None): 8. The preservation and reutilization of the subject’s biological samples, personal data or derivatives thereof.
p.(None): With respect to informing the subjects and obtaining written consent mentioned in the preceding paragraph, the medical care
p.(None): institution shall give the research subjects ample time to consider and shall not use coercion or other improper methods.
p.(None): When a doctor carries out human research in accordance with the preceding four provisions, causing death or injury of a patient
p.(None): because of unforeseeable factors in the research, the provisions concerning intentional or negligent offence as set down in Article 13
p.(None): or 14 of the Criminal Code shall not apply.
p.(None):
p.(None): Article 79-1
p.(None): Unless it is otherwise provided by the Act, the application procedure, review criteria and the principle of withdrawal in case of conflict
p.(None): of interest, disclosure of information, supervision and administration, examination, and other information to be disclosed relating to a
p.(None): human trial mentioned in the preceding two articles shall be set forth by the central competent authority.
p.(None):
p.(None): Article 79-2
p.(None): Medical care institutions shall continue to provide standard care to patients who decline to participate in the trial or who later withdraw
p.(None): their consent without impairing their legitimate right to medical care.
p.(None):
p.(None): Article 80
p.(None): Medical care institutions shall submit trial report in accordance with notification by the central competent authority during human trial
p.(None): period. If the central competent authority feels there is concern for safety, the medical care institutions shall cease trial immediately.
p.(None): Medical care institutions shall submit trial report to the central competent authority at the completion of the human trial.
p.(None): Article 81
p.(None): When treating the patient, the medical care institution shall inform the patient or his/her legal agent, spouse, kin, or interested party of
p.(None): his/her condition, course of treatment, disposition, medication, expected condition, and possible ill effects.
p.(None):
p.(None): Article 82
p.(None): Those conducting medical practices shall exercise due care in carrying out a medical procedure.
p.(None): Only in the event that medical personnel cause harm to patients in conducting medical practices intentionally or breach of medical
p.(None): due care, which goes beyond reasonable exercise of professional clinical discretion, the medical personnel shall be bound to
p.(None): compensate for such harm.
p.(None): Only in the event that medical personnel negligently cause injury or death to patients in conducting medical practices due to a breach
p.(None): of medical due care, which goes beyond the reasonable exercise of professional clinical discretion, the medical personnel shall
p.(None): assume criminal responsibility.
p.(None): The extent of the breach of the duty of due care and professional clinical discretion, as set forth in the preceding two paragraphs,
p.(None): shall be determined based on objective conditions such as the customary medical practice, medical level, medical facilities, working
p.(None): conditions, and level of emergency or urgency in the locality at the time of practice in the medical field concerned.
p.(None): Medical care institutions shall be liable for compensation only for such harm that causes to patients in the course of medical
p.(None): practices, whether deliberately or negligently.
p.(None):
p.(None): Article 83
p.(None): The Judicial Yuan shall appoint courts to establish professional medical courts, in which a judge with related professional medical
p.(None): knowledge and trial experience shall handle medical disputes and litigation.
p.(None):
p.(None): Chapter V Advertisements for Medical Care
p.(None):
p.(None): Article 84
p.(None): Non-medical care institutions shall not make advertisements for medical care.
p.(None):
p.(None): Article 85
p.(None): The content of advertisements for medical care shall be restricted to the following:
p.(None): 1. The name, practice license number, address, and telephone number of, and directions to, the medical care institution;
p.(None): 2. The name, sex, academic background, professional experience, and physician or specialist physician certificate number of the
p.(None): physician;
p.(None): 3. Hospitals or clinics contracted or associated with the National Health Insurance or other non-commercial insurances;
p.(None): 4. Clinic practices and clinic hours;
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p.(None): no more than NT$500,000 by the central competent authority, and be ordered to discontinue the human research or the review set
p.(None): forth in Paragraph 3 of Article 78.
p.(None): Persons who violate any of the provisions of Article 79, Article 79-2, Paragraph 1 of Article 80 herein or the regulations governing the
p.(None): supervision and management or review criteria set forth by the central competent authority pursuant to Article 79-1 herein shall be
p.(None): subject to a fine of no less than NT$100,000 but no more than NT$500,000 by the central competent authority, and in addition, be
p.(None): ordered to discontinue the human research if the safety of the research or damage to the interests of the research subjects is a
p.(None): concern. Violations of a serious nature shall also be subject to cessation of practice for whole or part of relevant business or for
p.(None): departments and services that violate the provisions for no less than one month but no more than one year.
p.(None): Persons who violate any of the provisions of Paragraph 4 of Article 78 herein shall be subject to a fine of no less than NT$50,000 but
p.(None): no more than NT$250,000 by the central competent authority, and in addition, be ordered to discontinue the human research.
p.(None): Violations of a serious nature shall also be ordered to terminate the human research.
p.(None): Article 106
p.(None): Persons who violate the provisions of Paragraph 2 of Article 24 shall be subject to a fine between NT$30,000 and NT$50,000.
p.(None): Violations that involve criminal liabilities shall be referred to the juridical authority.
p.(None): Persons who damage the life saving equipment in medical care institutions or other similar places and consequently endanger the
p.(None): life, body or health of others are subject to imprisonment for no more than three years, detention or a fine of no more than
p.(None): NT$300,000.
p.(None): Persons who hinder medical personnel or emergency medical services personnel from carrying out medical practices or emergency
p.(None): medical services by means of violence, coercion, intimidation or other illegal methods are subject to imprisonment for no more than
p.(None): three years, or in addition thereto, a fine of no more than NT$300,000.
p.(None): Those who commit the offense set forth in the preceding paragraph are subject to imprisonment for life or no less than seven years if
p.(None): their offense causes the death of medical personnel or emergency medical services personnel, and imprisonment for no less than
p.(None): three years but no more than ten years if their offense causes serious injury to medical personnel or emergency medical services
p.(None): personnel.
p.(None):
p.(None): Article 107
p.(None): Those who violate any of the provisionsofParagraph2 of Article 61, Paragraph2 of Article 62, Paragraph1ofArticle 63,
p.(None): Paragraph1ofArticle 64, Article 68, Article 72, Article 78, Article 79, or Paragraph 2 of Article 93 shall be penalized in accordance with
p.(None): the provisions of Article 102, Article 103, or Article 105. In addition, the offender shall also be penalized by said Articles. Persons
p.(None): whose violations involve criminal liability shall be transferred to the juridical authority for disposal.
p.(None): In the event that the offender is a medical person, he/she shall be penalized in accordance with the respective specialty medical
p.(None): profession laws.
p.(None):
p.(None): Article 108
p.(None): Medical care institutions which fall under the following conditions shall be subject to a fine of no less than NT$50,000 but no more
p.(None): than NT$500,000. In addition, the of ending clinic departments or service items, or all or part of the clinic departments and
p.(None): hospitalization practices shall be subject to suspension of practice for no less than one month but no more than one year, or
p.(None): revocation of practice license, in accordance with the seriousness of the violation:
p.(None): 1. Obvious negligence of medical practice management, resulting in injury or death to the patient;
p.(None): 2. Knowingly documents medical records or produces diagnosis, birth certificate, death certificate or still born certificate which are
p.(None): inconsistent with the facts;
p.(None): 3. Conduct medical practices forbidden by central competent authority regulations;
p.(None): 4. Use of drugs forbidden by central competent authority regulations;
p.(None): 5. Permits persons who violate Article 28 of the Physician‘s Act to conduct medical practices;
p.(None): 6. Conduct improper practices, including those which are indecent or harmful to human health;
p.(None): 7. Verification upon examination of collection of excess medical fees, or collecting fees for items created without authorization, and
p.(None): failure to return the excess amount to patients within the given time limit.
p.(None):
p.(None): Article 109
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Political / political affiliation
Searching for indicator party:
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p.(None): or investment amount referred to in the preceding Paragraph.
p.(None):
p.(None): Article 36
p.(None): The assets of juridical persons in medical care shall be registered or saved in the name of juridical person, and the use of which shall
p.(None): be supervised by the central competent authority.
p.(None): Juridical persons shall not loan, rent out, create a right in rent over, change to the use of its real estate, or create a right in rent over
p.(None): its facilities, without authorization from the central competent authority.
p.(None):
p.(None): Article 37
p.(None): Juridical persons in medical care shall not be guarantors. The capital of juridical persons in medical care shall not be loaned to
p.(None): directors, members, other persons, or non-financial institutions. The assets of juridical persons in medical care shall not be guarantee
p.(None): for directors, members, or other persons.
p.(None):
p.(None): Article 38
p.(None): Personal contributions or contributions by organizations to medical care corporate shall be tax-deductible in accordance with related
p.(None): tax laws.
p.(None): The deduction or exemption of income tax, land tax, or house tax for medical care corporate shall be conducted in accordance with
p.(None): the provisions of tax related laws.
p.(None): Private medical care institutions established prior to the implementation of the amendment of the Act, which change to juridical
p.(None): person in medical care within three Years of implementation, and transfer original medical lands to juridical person in medical care for
p.(None): continued use without cost, shall be exempt from added value land tax. However, in the case the land is transferred again to a third
p.(None): party, added value land tax shall be collected according to the total added value from the original land value of previous or current
p.(None): transfer.
p.(None):
p.(None): Article 39
p.(None): Juridical persons in medical care may merge with other similar juridical persons in medical care under the approval of the central
p.(None): competent authority.
p.(None): Juridical persons in medical care shall produce a financial statement and balance sheet, and notify obliges within two weeks of
p.(None): merging with the approval of the central competent authority. The provisions of Paragraph 2 of Article 73 and Paragraph 1of Article 74
p.(None): of the Company Law shall apply mutatis mutandis.
p.(None): The rights and obligations of juridical persons in medical care eliminated due to mergers shall be accepted in its entirety by the
p.(None): remaining or new medical juridical person.
p.(None):
p.(None): Article 40
p.(None): Non-medical care juridical persons may not use the names of, or similar to, medical juridical persons in medical care.
p.(None):
p.(None): Article 41
p.(None): The competent authority may reform, give a deadline to make improvements, cease all or part of clinical or hospital practices, order
p.(None): the suspension of practice, or revoke the license of juridical persons in medical care which are ill-conducted, or in violation of laws or
p.(None): original establishment criteria, in accordance with the seriousness of the situation.
p.(None): In the case that juridical persons in medical care fail to conform to the provisions of Paragraph 2 of Article 32 due to decrease of
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p.(None): necessary measures within the capability of their personnel and facilities, and shall not delay without cause.
p.(None): In the case that the emergency patients referred to in the preceding paragraph are low- or middle-income patients or were found to
p.(None): have collapsed on streets, and they or their supporters are unable to afford the medical costs, the social administrative competent
p.(None): authority at the municipal or county (city) level shall provide subsidies in accordance with the law.
p.(None):
p.(None): Article 61
p.(None): Medical care institutions shall not solicit patients through improper manners proclaimed and prohibited by the central competent
p.(None): authority.
p.(None): Medical care institutions and its staff shall not take advantage of opportunities resulting from medical practice to gain improper
p.(None): interests.
p.(None):
p.(None): Article 62
p.(None): Hospitals shall establish medical care treatment quality control systems, and review and assess the quality.
p.(None): For the purpose of improving medical care service quality, the central competent authority shall establish regulations regarding the
p.(None): applicable symptoms, qualification of technical personnel, conditions, and other observances for medical technology, examination,
p.(None): laboratory testing, medical devices.
p.(None):
p.(None): Article 63
p.(None): Medical care institutions shall explain the reasons for surgical operation, success rate, possible side-effects and risks to the patient or
p.(None): his/her legal agent, spouse, kin, or interested party, and must obtain his/her consent and signature on letter of consent for surgery and
p.(None): anesthesia before commencing with surgical procedure. However, in case of emergency, the provisions above shall not apply.
p.(None): The legal agent, spouse, kin, or interested party may sign the letter of consent referred to in the preceding Paragraph in the case that
p.(None): the patient is a minor or unable to affix the signature personally.
p.(None): The format of the letter of consent for surgery and anesthesia referred to in the first Paragraph shall be determined by the central
p.(None): competent authority.
p.(None):
p.(None): Article 64
p.(None): Medical care institutions shall explain the invasive examination or treatment regulated by the central competent authority to the
p.(None): patient or his/her legal agent, spouse, kin, or interested party, and must obtain his/her consent and signature on the letter of consent
p.(None): before commencing with the procedure. However, in case of emergency, the provisions above shall not apply.
p.(None): The legal agent, spouse, kin, or interested party may sign the letter of consent referred to in the preceding Paragraph in the case that
p.(None): the patient is a minor or unable to affix the signature personally.
p.(None):
p.(None): Article 65
p.(None): The tissue specimens collected or organs taken in operations by the medical care institutions shall be sent in pathological
p.(None): examinations, and shall notify the patient or his/her legal agent, spouse, kin, or interested party of the examination result.
p.(None): Medical care institutions shall analyze, review, and assess the clinical or pathological examination result of the tissue specimens or
p.(None): organs from operations mentioned in the preceding Paragraph.
p.(None):
p.(None): Article 66
p.(None): When dispensing medicaments to the patients, a hospital or clinic shall clearly indicate the patient’s name and sex, the name,
p.(None): dosage, quantity, method of administration, actions or indications, warnings or side effects of the medicament, the name and location
p.(None): of the medical institution, the name of dispenser and the date of dispensation on the container or package.
p.(None):
p.(None): Article 67
p.(None): Medical care institutions shall establish clear, accurate, and complete medical records.
p.(None): The medical records referred to in the preceding Paragraph shall include the following information:
p.(None): 1. Medical records produced by the physician in accordance with the Physicians Act;
p.(None): 2. Each examination and inspection report;
p.(None): 3. Other records made by medical personnel during practice.
p.(None): Hospitals shall make an index and statistical analysis of medical records for the purpose of research and reference.
p.(None):
p.(None): Article 68
p.(None): Medical care institutions shall instruct its medical personnel to personally make documentation of medical record, affix signature or
p.(None): seal, and add the year, month and date of inspection when conducting medical practices.
p.(None): In the case that the medical records referred to in the preceding Paragraph is revised or amended, the signature or sign and date
p.(None): shall be affixed to the revised or amended portions. Amended records shall be drawn out with a line, and not deleted.
...
p.(None): Medical care institutions shall provide a copy of the patient‘s medical records or Chinese summary of medical records when
p.(None): necessary in accordance with the patient‘s requests, and shall not delay or refuse without cause. The fee for the copy of medical
p.(None): records shall be paid by the patient.
p.(None):
p.(None): Article 72
p.(None): Medical care institutions and their staff shall not disclose without cause any information regarding patient’s illnesses or health, which
p.(None): are acquired by virtue of practice.
p.(None):
p.(None): Article 73
p.(None): Hospitals or clinics which are unable to ascertain the patient‘s illness or provide full treatment due to restrictions of personnel,
p.(None): facilities, or expertise, shall suggest the patient to transfer to another medical care institution. However, hospitals or clinics shall
p.(None): provide emergency medical care in accordance with Paragraph1of Article 60 in the case of emergency patients before transfer to
p.(None): another medical care institution.
p.(None): A summary for transfer medical record shall be filled out and provided to the patient in the case of transfer referred to in the
p.(None): preceding Paragraph, which shall not be delayed or refused without cause.
p.(None):
p.(None): Article 74
p.(None): When treating a patient, the hospital or clinic may contact any previous hospitals or clinics where the patient was treated for copies of
p.(None): medical records, medical record summary, and other examination reports as necessary, but only after obtaining the consent of the
p.(None): patient or his/her legal agent, spouse, kin, or interested party. The previous hospital or clinic shall not refuse to provide said
p.(None): information. The cost shall be paid by the patient.
p.(None):
p.(None): Article 75
p.(None): Hospitals shall provide appropriate medical care facilities and personnel to provide continuing care for discharged patients per their
p.(None): requests.
p.(None): Hospitals shall obtain a signed discharge form from the patient or his/her legal agent, spouse, kin, or related party in the case that the
p.(None): patient demands to be discharged prior to completion of his/her treatment.
p.(None): Patients shall immediately process the discharge or transfer upon notification of discharge by diagnosis or physician order.
p.(None):
p.(None): Article 76
p.(None): Hospitals and clinics shall not refuse to provide the patient with birth certificate, certificate of diagnosis, death certificate, or stillbirth
p.(None): certificate without cause as stipulated in the laws or regulations. When issuing the various certificates, caution shall be exerted as
p.(None): much as possible, especially when related to the cause of death.
p.(None): If the certificate of diagnosis mentioned in the preceding paragraph is issued for the patient’s insurance claim, it shall be written in
p.(None): Chinese. In the event that the name of disease indicated is different from the one that appears in the insurance policy, a remark shall
p.(None): be made.
p.(None): Hospitals and clinics shall report cases of death not caused by illness, or suspected not to be caused by illness, to the procuratorial
p.(None): authority for investigation in accordance with the law.
p.(None):
p.(None): Article 77
p.(None): Medical care institutions shall accept entrustment by the government in medical care service related affairs, such as assisting in
p.(None): conducting public health, continuing education, on-the-job training, disaster relief, emergency relief, community welfare, and civil
p.(None): defense.
p.(None):
p.(None): Article 78
...
p.(None): because of unforeseeable factors in the research, the provisions concerning intentional or negligent offence as set down in Article 13
p.(None): or 14 of the Criminal Code shall not apply.
p.(None):
p.(None): Article 79-1
p.(None): Unless it is otherwise provided by the Act, the application procedure, review criteria and the principle of withdrawal in case of conflict
p.(None): of interest, disclosure of information, supervision and administration, examination, and other information to be disclosed relating to a
p.(None): human trial mentioned in the preceding two articles shall be set forth by the central competent authority.
p.(None):
p.(None): Article 79-2
p.(None): Medical care institutions shall continue to provide standard care to patients who decline to participate in the trial or who later withdraw
p.(None): their consent without impairing their legitimate right to medical care.
p.(None):
p.(None): Article 80
p.(None): Medical care institutions shall submit trial report in accordance with notification by the central competent authority during human trial
p.(None): period. If the central competent authority feels there is concern for safety, the medical care institutions shall cease trial immediately.
p.(None): Medical care institutions shall submit trial report to the central competent authority at the completion of the human trial.
p.(None): Article 81
p.(None): When treating the patient, the medical care institution shall inform the patient or his/her legal agent, spouse, kin, or interested party of
p.(None): his/her condition, course of treatment, disposition, medication, expected condition, and possible ill effects.
p.(None):
p.(None): Article 82
p.(None): Those conducting medical practices shall exercise due care in carrying out a medical procedure.
p.(None): Only in the event that medical personnel cause harm to patients in conducting medical practices intentionally or breach of medical
p.(None): due care, which goes beyond reasonable exercise of professional clinical discretion, the medical personnel shall be bound to
p.(None): compensate for such harm.
p.(None): Only in the event that medical personnel negligently cause injury or death to patients in conducting medical practices due to a breach
p.(None): of medical due care, which goes beyond the reasonable exercise of professional clinical discretion, the medical personnel shall
p.(None): assume criminal responsibility.
p.(None): The extent of the breach of the duty of due care and professional clinical discretion, as set forth in the preceding two paragraphs,
p.(None): shall be determined based on objective conditions such as the customary medical practice, medical level, medical facilities, working
p.(None): conditions, and level of emergency or urgency in the locality at the time of practice in the medical field concerned.
p.(None): Medical care institutions shall be liable for compensation only for such harm that causes to patients in the course of medical
p.(None): practices, whether deliberately or negligently.
p.(None):
p.(None): Article 83
...
Health / Cognitive Impairment
Searching for indicator impairment:
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p.(None): cessation from duties results in clear damage to the organization of the board of directors, the central competent authority shall
p.(None): appoint a temporary director in replacement. The appointment of the temporary director shall be exempt from registration, and shall
p.(None): be appointed in accordance with provisions provided for in the first Paragraph.
p.(None):
p.(None): Article 45-1
p.(None): Any person with any of the following conditions must not serve as a director or supervisor:
p.(None): 1. The person has violated Articles 121 to 123 and Article 131 of the Criminal Code or Articles 4 to 6-1 or Article 11 of the Anti-
p.(None): Corruption Act and has been convicted of the offense or issued a wanted circular for an unclosed case. However, this rule does not
p.(None): apply to the cases where probation is pronounced or the punishment has been commuted to a fine and the fine has been paid in full.
p.(None): 2. The person has been charged with misappropriation, fraud, or breach of trust and has been convicted of the aforesaid offenses or
p.(None): issued a wanted circular for an unclosed case. However, this rule does not apply to the cases where probation is pronounced or the
p.(None): punishment has been commuted to a fine and the fine has been paid in full.
p.(None): 3. The person is faced with the pronouncement of custodial protection or aid that has not been revoked yet.
p.(None): 4. The person has been appraised by physicians to be suffering from mental illness or any other physical or mental impairment that
p.(None): prevents him/her from engaging in professional practice.
p.(None): 5. The person had assumed the post of chairman of the board, director or supervisor and was dismissed pursuant to Paragraph 2 of
p.(None): the preceding article or Subparagraph 3, Paragraph 1 of Article 45-2.
p.(None): 6. The person has been adjudicated bankrupt or subject to the commencement of the liquidation process as ruled, and has not been
p.(None): reinstated to his/her rights and privileges.
p.(None):
p.(None): Article 45-2
p.(None): The chairman of the board, a director or a supervisor shall be dismissed if any of the following circumstances occurs during his/her
p.(None): term of office:
p.(None): 1. Having a letter of resignation presented to a board of directors meeting and included in the meeting’s minutes.
p.(None): 2. Meeting one of the conditions as set forth in the preceding article.
p.(None): 3. Having abused the power gained from his/her position or status to commit crimes and been convicted.
p.(None): 4. The chairman of the board convening no board of directors meetings within one year without reason.
p.(None): In the event where the chairman of the board, a director or a supervisor abused the power gained from his/her position or status to
p.(None): commit crimes and a prosecutor files a public prosecution, his/her duties shall be suspended.
p.(None): The chairman of the board, a director or a supervisor who represents a government agency or was recommended by other
p.(None): corporations or organizations shall hold or be removed from office when his/her original position changes. Recommended successors
p.(None): shall be elected and engaged by the board of directors, and their term of office expires on the day when the original term of office
p.(None): expires.
p.(None):
p.(None): Article 46
...
Health / Motherhood/Family
Searching for indicator family:
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p.(None): 1. The name, practice license number, address, and telephone number of, and directions to, the medical care institution;
p.(None): 2. The name, sex, academic background, professional experience, and physician or specialist physician certificate number of the
p.(None): physician;
p.(None): 3. Hospitals or clinics contracted or associated with the National Health Insurance or other non-commercial insurances;
p.(None): 4. Clinic practices and clinic hours;
p.(None): 5. The year, month, and date of the opening, suspension, close, resumption, or relocation of practice;
p.(None): 6. Other items approved and announced by the central competent authority for publication or broadcast.
p.(None): Advertisements for medical care may orally present the content referred to in the preceding Paragraph through broadcast or
p.(None): television media with the approval of the respective municipal or county(city) competent authority.
p.(None): Information provided by medical care institutions through the internet shall not be restricted by content limitations provided for in the
p.(None): preceding Paragraph, with exception to the conditions provided for in Paragraph 2 of Article 103. The regulations regarding
p.(None): management of advertisements for medical care on the internet shall be determined by the central competent authority.
p.(None):
p.(None): Article 86
p.(None): Advertisements for medical care shall not be made in any of the following manners:
p.(None): 1. To publicize by making use of the name of other person(s);
p.(None): 2. To publicize by sale or gift of medical publications;
p.(None): 3. To publicize by making known family trade secrets or by public question and response;
p.(None): 4. To publicize by making use of content contained in medical publications;
p.(None): 5. To publicize by means of releasing an interview or news report;
p.(None): 6. To publicize in association or side-by-side with advertisements in violation of the preceding Paragraph;
p.(None): 7. To publicize by any other improper means.
p.(None):
p.(None): Article 87
p.(None): Advertisements containing content which implies or suggests medical practices shall be regarded as advertisements for medical care.
p.(None): Publications of new medical knowledge or research results, health education for patients, or academic publications which do not
p.(None): involve solicitation for medical practices shall not be regarded as advertisements for medical care.
p.(None):
p.(None): Chapter VI Distribution of Medical Manpower and Facilities
p.(None):
p.(None): Article 88
p.(None): For the purposes of promoting the balanced development of medical care resources, overall planning of existing public and private
p.(None): medical care institutions, and the reasonable distribution of manpower, the central competent authority shall divide medical regions,
p.(None): establish medical level system, and create a plan for medical care network.
p.(None): The competent authority may provide incentives for the establishment of non-governmental medical care institutions and nursing
p.(None): homes in areas lacking medical care resources in accordance with the plan for medical care network referred to in the preceding
p.(None): Paragraph. When necessary, the government shall establish said medical care institutions.
p.(None):
p.(None): Article 89
...
Health / Physically Disabled
Searching for indicator illness:
(return to top)
p.(None): parties.
p.(None): The temporary cessation from duties referred to in the preceding Paragraph shall not exceed six months. In the case that the
p.(None): cessation from duties results in clear damage to the organization of the board of directors, the central competent authority shall
p.(None): appoint a temporary director in replacement. The appointment of the temporary director shall be exempt from registration, and shall
p.(None): be appointed in accordance with provisions provided for in the first Paragraph.
p.(None):
p.(None): Article 45-1
p.(None): Any person with any of the following conditions must not serve as a director or supervisor:
p.(None): 1. The person has violated Articles 121 to 123 and Article 131 of the Criminal Code or Articles 4 to 6-1 or Article 11 of the Anti-
p.(None): Corruption Act and has been convicted of the offense or issued a wanted circular for an unclosed case. However, this rule does not
p.(None): apply to the cases where probation is pronounced or the punishment has been commuted to a fine and the fine has been paid in full.
p.(None): 2. The person has been charged with misappropriation, fraud, or breach of trust and has been convicted of the aforesaid offenses or
p.(None): issued a wanted circular for an unclosed case. However, this rule does not apply to the cases where probation is pronounced or the
p.(None): punishment has been commuted to a fine and the fine has been paid in full.
p.(None): 3. The person is faced with the pronouncement of custodial protection or aid that has not been revoked yet.
p.(None): 4. The person has been appraised by physicians to be suffering from mental illness or any other physical or mental impairment that
p.(None): prevents him/her from engaging in professional practice.
p.(None): 5. The person had assumed the post of chairman of the board, director or supervisor and was dismissed pursuant to Paragraph 2 of
p.(None): the preceding article or Subparagraph 3, Paragraph 1 of Article 45-2.
p.(None): 6. The person has been adjudicated bankrupt or subject to the commencement of the liquidation process as ruled, and has not been
p.(None): reinstated to his/her rights and privileges.
p.(None):
p.(None): Article 45-2
p.(None): The chairman of the board, a director or a supervisor shall be dismissed if any of the following circumstances occurs during his/her
p.(None): term of office:
p.(None): 1. Having a letter of resignation presented to a board of directors meeting and included in the meeting’s minutes.
p.(None): 2. Meeting one of the conditions as set forth in the preceding article.
p.(None): 3. Having abused the power gained from his/her position or status to commit crimes and been convicted.
p.(None): 4. The chairman of the board convening no board of directors meetings within one year without reason.
p.(None): In the event where the chairman of the board, a director or a supervisor abused the power gained from his/her position or status to
p.(None): commit crimes and a prosecutor files a public prosecution, his/her duties shall be suspended.
p.(None): The chairman of the board, a director or a supervisor who represents a government agency or was recommended by other
p.(None): corporations or organizations shall hold or be removed from office when his/her original position changes. Recommended successors
p.(None): shall be elected and engaged by the board of directors, and their term of office expires on the day when the original term of office
p.(None): expires.
p.(None):
p.(None): Article 46
...
p.(None): retained for at least seven years. However, medical records of minors shall be retained for at least seven years after their coming of
p.(None): age, and medical records for human trials shall be retained indefinitely.
p.(None): Medical care institutions which cease practice due to certain reasons shall transfer the medical records to the successor for retentions
p.(None): in accordance with the law. In the absence of a successor, the patients or their agents may ask the medical care institution to turn
p.(None): over their medical records, while the rest of the records shall be retained for at least another six months before destruction.
p.(None): Where a medical care institution becomes unable to keep the medical records with justified reasons, the local competent authority will
p.(None): keep those records.
p.(None): Medical care institutions shall ensure that the destruction method of medical records which exceed retention period will not disclose
p.(None): the contents of the medical records.
p.(None):
p.(None): Article 71
p.(None): Medical care institutions shall provide a copy of the patient‘s medical records or Chinese summary of medical records when
p.(None): necessary in accordance with the patient‘s requests, and shall not delay or refuse without cause. The fee for the copy of medical
p.(None): records shall be paid by the patient.
p.(None):
p.(None): Article 72
p.(None): Medical care institutions and their staff shall not disclose without cause any information regarding patient’s illnesses or health, which
p.(None): are acquired by virtue of practice.
p.(None):
p.(None): Article 73
p.(None): Hospitals or clinics which are unable to ascertain the patient‘s illness or provide full treatment due to restrictions of personnel,
p.(None): facilities, or expertise, shall suggest the patient to transfer to another medical care institution. However, hospitals or clinics shall
p.(None): provide emergency medical care in accordance with Paragraph1of Article 60 in the case of emergency patients before transfer to
p.(None): another medical care institution.
p.(None): A summary for transfer medical record shall be filled out and provided to the patient in the case of transfer referred to in the
p.(None): preceding Paragraph, which shall not be delayed or refused without cause.
p.(None):
p.(None): Article 74
p.(None): When treating a patient, the hospital or clinic may contact any previous hospitals or clinics where the patient was treated for copies of
p.(None): medical records, medical record summary, and other examination reports as necessary, but only after obtaining the consent of the
p.(None): patient or his/her legal agent, spouse, kin, or interested party. The previous hospital or clinic shall not refuse to provide said
p.(None): information. The cost shall be paid by the patient.
p.(None):
p.(None): Article 75
p.(None): Hospitals shall provide appropriate medical care facilities and personnel to provide continuing care for discharged patients per their
p.(None): requests.
p.(None): Hospitals shall obtain a signed discharge form from the patient or his/her legal agent, spouse, kin, or related party in the case that the
p.(None): patient demands to be discharged prior to completion of his/her treatment.
p.(None): Patients shall immediately process the discharge or transfer upon notification of discharge by diagnosis or physician order.
p.(None):
p.(None): Article 76
p.(None): Hospitals and clinics shall not refuse to provide the patient with birth certificate, certificate of diagnosis, death certificate, or stillbirth
p.(None): certificate without cause as stipulated in the laws or regulations. When issuing the various certificates, caution shall be exerted as
p.(None): much as possible, especially when related to the cause of death.
p.(None): If the certificate of diagnosis mentioned in the preceding paragraph is issued for the patient’s insurance claim, it shall be written in
p.(None): Chinese. In the event that the name of disease indicated is different from the one that appears in the insurance policy, a remark shall
p.(None): be made.
p.(None): Hospitals and clinics shall report cases of death not caused by illness, or suspected not to be caused by illness, to the procuratorial
p.(None): authority for investigation in accordance with the law.
p.(None):
p.(None): Article 77
p.(None): Medical care institutions shall accept entrustment by the government in medical care service related affairs, such as assisting in
p.(None): conducting public health, continuing education, on-the-job training, disaster relief, emergency relief, community welfare, and civil
p.(None): defense.
p.(None):
p.(None): Article 78
p.(None): For the purpose of improving the level of medical care or prevention of disease in the country, teaching hospitals may conduct human
p.(None): research after formulating a plan and obtaining approval from the central competent authority, or upon entrustment of the central
p.(None): competent authority. Notwithstanding the foregoing, the approval of the central competent authority is not required for human
p.(None): research with aim of evaluating the bioavailability and bioequivalence of generic drugs.
p.(None): Non-teaching hospitals may not conduct human research. However, the preceding paragraph may apply mutatis mutandis to medical
p.(None): care institutions with specific expertise and having obtained the approval of the central competent authority.
p.(None): The plan for human research by a medical care institution shall be first reviewed and approved jointly by a board consisting of medical
...
Health / ill
Searching for indicator ill:
(return to top)
p.(None): person in medical care within three Years of implementation, and transfer original medical lands to juridical person in medical care for
p.(None): continued use without cost, shall be exempt from added value land tax. However, in the case the land is transferred again to a third
p.(None): party, added value land tax shall be collected according to the total added value from the original land value of previous or current
p.(None): transfer.
p.(None):
p.(None): Article 39
p.(None): Juridical persons in medical care may merge with other similar juridical persons in medical care under the approval of the central
p.(None): competent authority.
p.(None): Juridical persons in medical care shall produce a financial statement and balance sheet, and notify obliges within two weeks of
p.(None): merging with the approval of the central competent authority. The provisions of Paragraph 2 of Article 73 and Paragraph 1of Article 74
p.(None): of the Company Law shall apply mutatis mutandis.
p.(None): The rights and obligations of juridical persons in medical care eliminated due to mergers shall be accepted in its entirety by the
p.(None): remaining or new medical juridical person.
p.(None):
p.(None): Article 40
p.(None): Non-medical care juridical persons may not use the names of, or similar to, medical juridical persons in medical care.
p.(None):
p.(None): Article 41
p.(None): The competent authority may reform, give a deadline to make improvements, cease all or part of clinical or hospital practices, order
p.(None): the suspension of practice, or revoke the license of juridical persons in medical care which are ill-conducted, or in violation of laws or
p.(None): original establishment criteria, in accordance with the seriousness of the situation.
p.(None): In the case that juridical persons in medical care fail to conform to the provisions of Paragraph 2 of Article 32 due to decrease of
p.(None): assets, suspension or alteration of the established institution, or revocation of license, the central competent authority shall give a
p.(None): deadline to make improvements. Those who fail to comply shall be subject to revocation of license.
p.(None): The central competent authority may annul the permit license of juridical persons in medical care which fall under the following
p.(None): conditions:
p.(None): 1. Those that have been approved for termination of practice, and fail to apply for resumption of practice within the given time limit.
p.(None): 2. Those that have been ordered to terminate all or part of clinical or hospitalization practices, and do not comply.
p.(None): 3. Those that have been ordered to terminate practice and do not comply, or fail to make improvements within the given time limit.
p.(None): 4. Those imposed with revocation of practice license.
p.(None):
p.(None): Section II Medical Care Corporate
p.(None):
p.(None): Article 42
p.(None): Medical care corporate shall submit endowment charter, establishment plan, and related documents for approval by the central
p.(None): competent authority for establishment. After approval for the medical care corporate referred to in the preceding Paragraph, the
p.(None): founder or executor of will shall appoint directors and establish a board of directors within 30 days.
...
p.(None):
p.(None): Article 79-1
p.(None): Unless it is otherwise provided by the Act, the application procedure, review criteria and the principle of withdrawal in case of conflict
p.(None): of interest, disclosure of information, supervision and administration, examination, and other information to be disclosed relating to a
p.(None): human trial mentioned in the preceding two articles shall be set forth by the central competent authority.
p.(None):
p.(None): Article 79-2
p.(None): Medical care institutions shall continue to provide standard care to patients who decline to participate in the trial or who later withdraw
p.(None): their consent without impairing their legitimate right to medical care.
p.(None):
p.(None): Article 80
p.(None): Medical care institutions shall submit trial report in accordance with notification by the central competent authority during human trial
p.(None): period. If the central competent authority feels there is concern for safety, the medical care institutions shall cease trial immediately.
p.(None): Medical care institutions shall submit trial report to the central competent authority at the completion of the human trial.
p.(None): Article 81
p.(None): When treating the patient, the medical care institution shall inform the patient or his/her legal agent, spouse, kin, or interested party of
p.(None): his/her condition, course of treatment, disposition, medication, expected condition, and possible ill effects.
p.(None):
p.(None): Article 82
p.(None): Those conducting medical practices shall exercise due care in carrying out a medical procedure.
p.(None): Only in the event that medical personnel cause harm to patients in conducting medical practices intentionally or breach of medical
p.(None): due care, which goes beyond reasonable exercise of professional clinical discretion, the medical personnel shall be bound to
p.(None): compensate for such harm.
p.(None): Only in the event that medical personnel negligently cause injury or death to patients in conducting medical practices due to a breach
p.(None): of medical due care, which goes beyond the reasonable exercise of professional clinical discretion, the medical personnel shall
p.(None): assume criminal responsibility.
p.(None): The extent of the breach of the duty of due care and professional clinical discretion, as set forth in the preceding two paragraphs,
p.(None): shall be determined based on objective conditions such as the customary medical practice, medical level, medical facilities, working
p.(None): conditions, and level of emergency or urgency in the locality at the time of practice in the medical field concerned.
p.(None): Medical care institutions shall be liable for compensation only for such harm that causes to patients in the course of medical
p.(None): practices, whether deliberately or negligently.
p.(None):
p.(None): Article 83
p.(None): The Judicial Yuan shall appoint courts to establish professional medical courts, in which a judge with related professional medical
p.(None): knowledge and trial experience shall handle medical disputes and litigation.
p.(None):
...
Social / Incarcerated
Searching for indicator restricted:
(return to top)
p.(None): authority.
p.(None):
p.(None): Article 14
p.(None): The establishment or expansion of hospitals may apply for building license in accordance with related regulations under the Building
p.(None): Code after approval from the competent authority; the same applies to the establishment of a branch of a hospital.With respect to the
p.(None): approval of the establishment or expansion of hospitals, the applicant’s qualifications, review procedure and criteria, restrictions,
p.(None): revocation, repeal and other matters of compliance shall be set forth by the central competent authority.
p.(None):
p.(None): Article 15
p.(None): To commence practice, medical institutions shall apply to the municipal or county(city) competent authority of the locality for approval
p.(None): and registration, and commence practice only after a practice is issued.
p.(None): The applicant qualifications, application procedures, documents, and other observances for the opening practice application referred
p.(None): to in the preceding Paragraph shall be determined by the central competent authority.
p.(None): Article 16
p.(None): Where the private medical care institutions are above a certain scale announced By the central competent authority, said private
p.(None): medical care institutions shall be re-established as a medical juridical person.
p.(None):
p.(None): Article 17
p.(None): The use and change of the names of medical care institutions shall be restricted to those approved by the respective municipal or
p.(None): county(city) competent authority. The principles regarding the use and change of said names shall be determined by the central
p.(None): competent authority.
p.(None): Non-medical care institutions may not use names of, or similar to, medical care institutions.
p.(None):
p.(None): Article 18
p.(None): One supervising physician shall be established at each medical care institution, and shall be responsible for the practice of medicine
p.(None): at said medical care institution. The applicant shall be the supervising physician of a private medical care institution.
p.(None): The supervising physician referred to in the preceding Paragraph shall be limited to those who has received at least two years of
p.(None): medical training at hospitals or clinics designated by the central competent authority, and have received documents of certification.
p.(None):
p.(None): Article 19
p.(None): The supervising physician shall appoint a physician with supervising physician qualifications to act for, in the case that he/she is not
p.(None): able to conduct practice. In the case that the activity period exceeds 45days, the original supervising physician shall notify the original
p.(None): license issuing authority.
p.(None): The acting period referred to in the preceding Paragraph shall not exceed one year.
p.(None):
p.(None): Article 20
p.(None): Medical care institutions shall display the practice license, clinic hours, and other clinic items in a conspicuous place.
p.(None):
p.(None): Article 21
p.(None): Standards for medical fees charged by the medical care institution shall be determined by the municipal or county(city)competent
...
p.(None):
p.(None): Article 28
p.(None): The central competent authority shall conduct accreditation of hospitals. The municipal or county(city)competent authority shall
p.(None): conduct periodical assessment of medical care institutions within the respective jurisdiction.
p.(None):
p.(None): Article 29
p.(None): Public hospitals may invite local social personages to establish an management advisory committee, for the purpose of providing
p.(None): suggestions to improve regional medical care services.
p.(None): Public hospitals shall allot at least ten percent of the annual medical income after expenses to conduct research and development,
p.(None): professional training, health education, medical relief, community medical care services, and other community services.
p.(None):
p.(None): Chapter III Medical Juridical Persons in Medical Care
p.(None):
p.(None): Section I General Provisions
p.(None):
p.(None): Article 30
p.(None): The establishment, organization, and management of medical care corporate shall be conducted in accordance with the provisions
p.(None): under the Act. Any matter not provided for in the Act shall be governed by the Civil Code.
p.(None): Medical care corporations shall be established in accordance with the provisions under the Act. The organization, management, rights
p.(None): and obligations of the directors, bankruptcy, dissolution, and liquidation of medical corporations not provided for in the Act shall be
p.(None): governed by the Civil Code.
p.(None):
p.(None): Article 31
p.(None): Juridical persons in medical care may establish hospitals, clinics, and other medical care institutions. The number and scale of said
p.(None): establishments may be restricted as necessary.
p.(None): The restrictions of number and scale of establishments as referred to in the preceding paragraph shall be determined by the central
p.(None): competent authority.
p.(None): Juridical persons in medical care may establish the following subsidiary institutions with the approval of the central competent
p.(None): authority and the competent authority governing the related practice:
p.(None): 1. Nursing institutions, psychiatric rehabilitation institutions;
p.(None): 2. Medical research institutions;
p.(None): 3. Welfare institutions stipulated in accordance with the Law Governing Benefits for Senior Citizens and other welfare related laws.
p.(None): The establishment criteria, procedure, and other observances of subsidiary institutions referred to in the preceding Paragraph shall be
p.(None): conducted in accordance with the provisions in related laws.
p.(None):
p.(None): Article 32
p.(None): Juridical persons in medical care shall have the necessary as sets to achieve the purpose of establishment.
p.(None): The necessary assets referred to in the preceding Paragraph shall be determined by the central competent authority in accordance
p.(None): with the scope of establishment and conditions for operations.
p.(None): Article 33
p.(None): A juridical person in medical care shall establish a board of directors with one chairperson, who shall represent said juridical person.
p.(None): A juridical person in medical care shall establish bylaws governing the organization and powers of the board of directors and
...
p.(None): due care, which goes beyond reasonable exercise of professional clinical discretion, the medical personnel shall be bound to
p.(None): compensate for such harm.
p.(None): Only in the event that medical personnel negligently cause injury or death to patients in conducting medical practices due to a breach
p.(None): of medical due care, which goes beyond the reasonable exercise of professional clinical discretion, the medical personnel shall
p.(None): assume criminal responsibility.
p.(None): The extent of the breach of the duty of due care and professional clinical discretion, as set forth in the preceding two paragraphs,
p.(None): shall be determined based on objective conditions such as the customary medical practice, medical level, medical facilities, working
p.(None): conditions, and level of emergency or urgency in the locality at the time of practice in the medical field concerned.
p.(None): Medical care institutions shall be liable for compensation only for such harm that causes to patients in the course of medical
p.(None): practices, whether deliberately or negligently.
p.(None):
p.(None): Article 83
p.(None): The Judicial Yuan shall appoint courts to establish professional medical courts, in which a judge with related professional medical
p.(None): knowledge and trial experience shall handle medical disputes and litigation.
p.(None):
p.(None): Chapter V Advertisements for Medical Care
p.(None):
p.(None): Article 84
p.(None): Non-medical care institutions shall not make advertisements for medical care.
p.(None):
p.(None): Article 85
p.(None): The content of advertisements for medical care shall be restricted to the following:
p.(None): 1. The name, practice license number, address, and telephone number of, and directions to, the medical care institution;
p.(None): 2. The name, sex, academic background, professional experience, and physician or specialist physician certificate number of the
p.(None): physician;
p.(None): 3. Hospitals or clinics contracted or associated with the National Health Insurance or other non-commercial insurances;
p.(None): 4. Clinic practices and clinic hours;
p.(None): 5. The year, month, and date of the opening, suspension, close, resumption, or relocation of practice;
p.(None): 6. Other items approved and announced by the central competent authority for publication or broadcast.
p.(None): Advertisements for medical care may orally present the content referred to in the preceding Paragraph through broadcast or
p.(None): television media with the approval of the respective municipal or county(city) competent authority.
p.(None): Information provided by medical care institutions through the internet shall not be restricted by content limitations provided for in the
p.(None): preceding Paragraph, with exception to the conditions provided for in Paragraph 2 of Article 103. The regulations regarding
p.(None): management of advertisements for medical care on the internet shall be determined by the central competent authority.
p.(None):
p.(None): Article 86
p.(None): Advertisements for medical care shall not be made in any of the following manners:
p.(None): 1. To publicize by making use of the name of other person(s);
p.(None): 2. To publicize by sale or gift of medical publications;
p.(None): 3. To publicize by making known family trade secrets or by public question and response;
p.(None): 4. To publicize by making use of content contained in medical publications;
p.(None): 5. To publicize by means of releasing an interview or news report;
p.(None): 6. To publicize in association or side-by-side with advertisements in violation of the preceding Paragraph;
p.(None): 7. To publicize by any other improper means.
p.(None):
p.(None): Article 87
p.(None): Advertisements containing content which implies or suggests medical practices shall be regarded as advertisements for medical care.
p.(None): Publications of new medical knowledge or research results, health education for patients, or academic publications which do not
p.(None): involve solicitation for medical practices shall not be regarded as advertisements for medical care.
p.(None):
p.(None): Chapter VI Distribution of Medical Manpower and Facilities
p.(None):
p.(None): Article 88
p.(None): For the purposes of promoting the balanced development of medical care resources, overall planning of existing public and private
...
Social / Occupation
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p.(None): requests.
p.(None): Hospitals shall obtain a signed discharge form from the patient or his/her legal agent, spouse, kin, or related party in the case that the
p.(None): patient demands to be discharged prior to completion of his/her treatment.
p.(None): Patients shall immediately process the discharge or transfer upon notification of discharge by diagnosis or physician order.
p.(None):
p.(None): Article 76
p.(None): Hospitals and clinics shall not refuse to provide the patient with birth certificate, certificate of diagnosis, death certificate, or stillbirth
p.(None): certificate without cause as stipulated in the laws or regulations. When issuing the various certificates, caution shall be exerted as
p.(None): much as possible, especially when related to the cause of death.
p.(None): If the certificate of diagnosis mentioned in the preceding paragraph is issued for the patient’s insurance claim, it shall be written in
p.(None): Chinese. In the event that the name of disease indicated is different from the one that appears in the insurance policy, a remark shall
p.(None): be made.
p.(None): Hospitals and clinics shall report cases of death not caused by illness, or suspected not to be caused by illness, to the procuratorial
p.(None): authority for investigation in accordance with the law.
p.(None):
p.(None): Article 77
p.(None): Medical care institutions shall accept entrustment by the government in medical care service related affairs, such as assisting in
p.(None): conducting public health, continuing education, on-the-job training, disaster relief, emergency relief, community welfare, and civil
p.(None): defense.
p.(None):
p.(None): Article 78
p.(None): For the purpose of improving the level of medical care or prevention of disease in the country, teaching hospitals may conduct human
p.(None): research after formulating a plan and obtaining approval from the central competent authority, or upon entrustment of the central
p.(None): competent authority. Notwithstanding the foregoing, the approval of the central competent authority is not required for human
p.(None): research with aim of evaluating the bioavailability and bioequivalence of generic drugs.
p.(None): Non-teaching hospitals may not conduct human research. However, the preceding paragraph may apply mutatis mutandis to medical
p.(None): care institutions with specific expertise and having obtained the approval of the central competent authority.
p.(None): The plan for human research by a medical care institution shall be first reviewed and approved jointly by a board consisting of medical
p.(None): technologists, legal experts and impartial citizens or representatives of civil groups; people of either gender shall constitute no less
p.(None): than one third of the board. Members of the review board shall abide by the principle of recusal due to conflicts of interest.
p.(None): Subsequent changes of the human research plan shall be implemented only after being examined and verified or approved according
p.(None): to the preceding three provisions.
p.(None):
p.(None): Article 79
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p.(None): charge for items without authorization.
p.(None):
p.(None): Article 23
p.(None): When the practice is suspended or terminated, the medical care institution shall notify the original license issuing authority for record
p.(None): purposes within 30 days.
p.(None): Duration of the suspension mentioned in the preceding paragraph shall be limited to one year; for suspension over one year,
p.(None): termination of practice shall be filed within 30 days from the date when the one-year deadline is over.
p.(None): If a medical care institution fails to file for termination of practice as provided in the preceding paragraph, the competent authority may
p.(None): terminate its practice at its own discretion.
p.(None): Provisions regarding the establishment and commencement of practice shall apply mutatis mutandis to the relocation of medical care
p.(None): institutions.
p.(None): Provisions regarding the commencement of practice shall apply mutatis mutandis to the resumption of practice for medical care
p.(None): institutions.
p.(None):
p.(None): Article 24
p.(None): Medical care institutions shall be clean and orderly, and shall not impede public health and safety.
p.(None): For the purpose of protecting patients’ safety when they seek medical care, no person shall hinder medical practices by means of
p.(None): violence, coercion, intimidation, public insults or other illegal methods.
p.(None): Medical care institutions shall undertake necessary measures to ensure the safety of medical personnel when they practice medicine.
p.(None): The police authority shall eliminate or restrain persons who violate the provisions of Paragraph 2. In case that criminal liabilities have
p.(None): arisen, such violations shall be referred to the competent juridical authority for investigation purposes.
p.(None): The central competent authority shall establish a reporting mechanism, and shall announce, on a regular basis, the details of any
p.(None): events set forth in Paragraph 2 when they occur in a medical care institution as well as the final results.
p.(None): Article 25
p.(None): The architectural structure and facilities of hospitals shall have fire prevention, escape routes, and other necessary precautions. In
p.(None): addition, hospitals shall also establish emergency response measures.
p.(None): The emergency response measures referred to in the preceding Paragraph and the regulations regarding their inspection shall be
p.(None): determined by the central competent authority.
p.(None):
p.(None): Article 26
p.(None): Medical care institutions shall submit reports in accordance with the provisions of the law or with the notification of the competent
p.(None): authority, and shall accept inspections or data collections conducted by the competent authority regarding personnel, facilities,
p.(None): medical fees, medical practices, health and safety, and medical records.
p.(None):
p.(None): Article 27
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Social / Property Ownership
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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 Medical Care Act CH
p.(None): Amended Date 2018-01-24
p.(None): Category Ministry of Health and Welfare
p.(None):
p.(None):
p.(None): Article Content Chapter Article No Search Content Search Legislative History
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Chapter I General Principles
p.(None):
p.(None): Article 1
p.(None): The Medical Care Act (hereinafter referred to as—the Act“) is enacted for the purpose of advancing the comprehensive development
p.(None): of the medical care industry, reasonably distributing medical care resources, improving the quality of medical care, to protect the
p.(None): rights of the patient, and to promote national health. Any matter not provided for in the Act shall be governed by the provisions of
p.(None): other relevant laws.
p.(None):
p.(None): Article 2
p.(None): The term —medical care institutions“ as used in the Act shall refer to any institution in which physicians conduct the practice of
p.(None): medicine.
p.(None):
p.(None): Article 3
p.(None): The term —public medical care institutions“ as used in the Act shall refer to any medical care institution established by government
p.(None): authority, government-owned enterprises, or public schools.
p.(None):
p.(None): Article 4
p.(None): The term —private medical care institutions“ as used in the Act shall refer to any medical care institution established by physician(s).
p.(None):
p.(None): Article 5
p.(None): The term — juridical persons in medical care“ as used in the Act shall include corporate care and medical corporations.
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p.(None): In the case that juridical persons in medical care fail to establish medical care institution in accordance with the respective
p.(None): establishment plan, the central competent authority shall order the juridical person in medical care to make amendments within a
p.(None): given time limit. Those who fail to comply within the given time limit shall be subject to revocation of permit. This provision shall apply
p.(None): mutatis mutandis to juridical persons in medical care who revise their establishment plan.
p.(None):
p.(None): Article 115
p.(None): The supervising physician shall be subject to the fines specified in this Act when applied to private medical care institutions.
p.(None): The medical corporate body shall be subject to the fines specified in this Act when applied to medical care institutions set up by a
p.(None): medical corporate body.
p.(None): Regarding the first part of Paragraph 1 above, if the offender subject to punishment as laid down in Article 107 is the supervising
p.(None): physician, no additional punishment shall be given.
p.(None):
p.(None): Article 116
p.(None): Unless otherwise provided for in the Act, the fines, suspension of practice, and revocation of practice license specified in the Act shall
p.(None): be imposed by the municipal or county (city) competent health authority.
p.(None):
p.(None): Article 117
p.(None): Any person who fails to pay the fine imposed upon him/her under the Act within the time limit set in a notice given to him/her shall be
p.(None): turned over to the court for compulsory execution.
p.(None):
p.(None): Chapter X Supplementary Provisions
p.(None):
p.(None): Article 118
p.(None): The establishment and management of subsidiary medical care institutions of military authority and other non-governmental
p.(None): subsidiary care institutions shall be governed by the provisions of the Act. However, the management of subsidiary medical care
p.(None): institutions which are involved in matters of national security shall be governed in accordance with the provisions established by the
p.(None): Ministry of National Defense.
p.(None):
p.(None): Article 119
p.(None): Medical care institutions established prior to the coming into effect of the amendment of the Act, which do not conform to the
p.(None): provisions provided under the Act, shall make the corrections within one year of the coming into effect of the amendment of the Act.
p.(None): Those which do not make the corrections within the given time period shall have their permits revoked by the original issuing
p.(None): authority. However, those with special circumstances and cannot make the corrections within one year may apply for an extension
p.(None): with the approval of the central competent authority.
p.(None):
p.(None): Article 120
p.(None): Bone setting technician licenses issued by the competent authority prior to the implementation of the Act shall continue to be valid,
p.(None): the regulations regarding the management of which shall be determined by the central competent authority.
p.(None):
p.(None): Article 121
p.(None): The central competent authority shall collect accreditation fee for the accreditation of hospitals. The municipal or county (city)
...
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p.(None): authority.
p.(None):
p.(None): Article 22
p.(None): Receipts shall be made by medical care institutions for medical fees charged, which shall clearly state the item(s)and fee(s).
p.(None): Medical fees charged by medical care institutions shall not violate or exceed the standard for the fees, nor shall medical institutions
p.(None): charge for items without authorization.
p.(None):
p.(None): Article 23
p.(None): When the practice is suspended or terminated, the medical care institution shall notify the original license issuing authority for record
p.(None): purposes within 30 days.
p.(None): Duration of the suspension mentioned in the preceding paragraph shall be limited to one year; for suspension over one year,
p.(None): termination of practice shall be filed within 30 days from the date when the one-year deadline is over.
p.(None): If a medical care institution fails to file for termination of practice as provided in the preceding paragraph, the competent authority may
p.(None): terminate its practice at its own discretion.
p.(None): Provisions regarding the establishment and commencement of practice shall apply mutatis mutandis to the relocation of medical care
p.(None): institutions.
p.(None): Provisions regarding the commencement of practice shall apply mutatis mutandis to the resumption of practice for medical care
p.(None): institutions.
p.(None):
p.(None): Article 24
p.(None): Medical care institutions shall be clean and orderly, and shall not impede public health and safety.
p.(None): For the purpose of protecting patients’ safety when they seek medical care, no person shall hinder medical practices by means of
p.(None): violence, coercion, intimidation, public insults or other illegal methods.
p.(None): Medical care institutions shall undertake necessary measures to ensure the safety of medical personnel when they practice medicine.
p.(None): The police authority shall eliminate or restrain persons who violate the provisions of Paragraph 2. In case that criminal liabilities have
p.(None): arisen, such violations shall be referred to the competent juridical authority for investigation purposes.
p.(None): The central competent authority shall establish a reporting mechanism, and shall announce, on a regular basis, the details of any
p.(None): events set forth in Paragraph 2 when they occur in a medical care institution as well as the final results.
p.(None): Article 25
p.(None): The architectural structure and facilities of hospitals shall have fire prevention, escape routes, and other necessary precautions. In
p.(None): addition, hospitals shall also establish emergency response measures.
p.(None): The emergency response measures referred to in the preceding Paragraph and the regulations regarding their inspection shall be
p.(None): determined by the central competent authority.
p.(None):
p.(None): Article 26
p.(None): Medical care institutions shall submit reports in accordance with the provisions of the law or with the notification of the competent
...
p.(None): ordered to discontinue the human research if the safety of the research or damage to the interests of the research subjects is a
p.(None): concern. Violations of a serious nature shall also be subject to cessation of practice for whole or part of relevant business or for
p.(None): departments and services that violate the provisions for no less than one month but no more than one year.
p.(None): Persons who violate any of the provisions of Paragraph 4 of Article 78 herein shall be subject to a fine of no less than NT$50,000 but
p.(None): no more than NT$250,000 by the central competent authority, and in addition, be ordered to discontinue the human research.
p.(None): Violations of a serious nature shall also be ordered to terminate the human research.
p.(None): Article 106
p.(None): Persons who violate the provisions of Paragraph 2 of Article 24 shall be subject to a fine between NT$30,000 and NT$50,000.
p.(None): Violations that involve criminal liabilities shall be referred to the juridical authority.
p.(None): Persons who damage the life saving equipment in medical care institutions or other similar places and consequently endanger the
p.(None): life, body or health of others are subject to imprisonment for no more than three years, detention or a fine of no more than
p.(None): NT$300,000.
p.(None): Persons who hinder medical personnel or emergency medical services personnel from carrying out medical practices or emergency
p.(None): medical services by means of violence, coercion, intimidation or other illegal methods are subject to imprisonment for no more than
p.(None): three years, or in addition thereto, a fine of no more than NT$300,000.
p.(None): Those who commit the offense set forth in the preceding paragraph are subject to imprisonment for life or no less than seven years if
p.(None): their offense causes the death of medical personnel or emergency medical services personnel, and imprisonment for no less than
p.(None): three years but no more than ten years if their offense causes serious injury to medical personnel or emergency medical services
p.(None): personnel.
p.(None):
p.(None): Article 107
p.(None): Those who violate any of the provisionsofParagraph2 of Article 61, Paragraph2 of Article 62, Paragraph1ofArticle 63,
p.(None): Paragraph1ofArticle 64, Article 68, Article 72, Article 78, Article 79, or Paragraph 2 of Article 93 shall be penalized in accordance with
p.(None): the provisions of Article 102, Article 103, or Article 105. In addition, the offender shall also be penalized by said Articles. Persons
p.(None): whose violations involve criminal liability shall be transferred to the juridical authority for disposal.
p.(None): In the event that the offender is a medical person, he/she shall be penalized in accordance with the respective specialty medical
p.(None): profession laws.
p.(None):
p.(None): Article 108
p.(None): Medical care institutions which fall under the following conditions shall be subject to a fine of no less than NT$50,000 but no more
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p.(None): Medical care institutions shall not solicit patients through improper manners proclaimed and prohibited by the central competent
p.(None): authority.
p.(None): Medical care institutions and its staff shall not take advantage of opportunities resulting from medical practice to gain improper
p.(None): interests.
p.(None):
p.(None): Article 62
p.(None): Hospitals shall establish medical care treatment quality control systems, and review and assess the quality.
p.(None): For the purpose of improving medical care service quality, the central competent authority shall establish regulations regarding the
p.(None): applicable symptoms, qualification of technical personnel, conditions, and other observances for medical technology, examination,
p.(None): laboratory testing, medical devices.
p.(None):
p.(None): Article 63
p.(None): Medical care institutions shall explain the reasons for surgical operation, success rate, possible side-effects and risks to the patient or
p.(None): his/her legal agent, spouse, kin, or interested party, and must obtain his/her consent and signature on letter of consent for surgery and
p.(None): anesthesia before commencing with surgical procedure. However, in case of emergency, the provisions above shall not apply.
p.(None): The legal agent, spouse, kin, or interested party may sign the letter of consent referred to in the preceding Paragraph in the case that
p.(None): the patient is a minor or unable to affix the signature personally.
p.(None): The format of the letter of consent for surgery and anesthesia referred to in the first Paragraph shall be determined by the central
p.(None): competent authority.
p.(None):
p.(None): Article 64
p.(None): Medical care institutions shall explain the invasive examination or treatment regulated by the central competent authority to the
p.(None): patient or his/her legal agent, spouse, kin, or interested party, and must obtain his/her consent and signature on the letter of consent
p.(None): before commencing with the procedure. However, in case of emergency, the provisions above shall not apply.
p.(None): The legal agent, spouse, kin, or interested party may sign the letter of consent referred to in the preceding Paragraph in the case that
p.(None): the patient is a minor or unable to affix the signature personally.
p.(None):
p.(None): Article 65
p.(None): The tissue specimens collected or organs taken in operations by the medical care institutions shall be sent in pathological
p.(None): examinations, and shall notify the patient or his/her legal agent, spouse, kin, or interested party of the examination result.
p.(None): Medical care institutions shall analyze, review, and assess the clinical or pathological examination result of the tissue specimens or
p.(None): organs from operations mentioned in the preceding Paragraph.
p.(None):
p.(None): Article 66
p.(None): When dispensing medicaments to the patients, a hospital or clinic shall clearly indicate the patient’s name and sex, the name,
p.(None): dosage, quantity, method of administration, actions or indications, warnings or side effects of the medicament, the name and location
p.(None): of the medical institution, the name of dispenser and the date of dispensation on the container or package.
p.(None):
p.(None): Article 67
p.(None): Medical care institutions shall establish clear, accurate, and complete medical records.
p.(None): The medical records referred to in the preceding Paragraph shall include the following information:
p.(None): 1. Medical records produced by the physician in accordance with the Physicians Act;
p.(None): 2. Each examination and inspection report;
p.(None): 3. Other records made by medical personnel during practice.
p.(None): Hospitals shall make an index and statistical analysis of medical records for the purpose of research and reference.
p.(None):
p.(None): Article 68
p.(None): Medical care institutions shall instruct its medical personnel to personally make documentation of medical record, affix signature or
p.(None): seal, and add the year, month and date of inspection when conducting medical practices.
...
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p.(None): other relevant laws.
p.(None):
p.(None): Article 2
p.(None): The term —medical care institutions“ as used in the Act shall refer to any institution in which physicians conduct the practice of
p.(None): medicine.
p.(None):
p.(None): Article 3
p.(None): The term —public medical care institutions“ as used in the Act shall refer to any medical care institution established by government
p.(None): authority, government-owned enterprises, or public schools.
p.(None):
p.(None): Article 4
p.(None): The term —private medical care institutions“ as used in the Act shall refer to any medical care institution established by physician(s).
p.(None):
p.(None): Article 5
p.(None): The term — juridical persons in medical care“ as used in the Act shall include corporate care and medical corporations.
p.(None): The term —medical care corporate“ as used in the Act shall refer to corporate in which the founder endows a certain number of
p.(None): assets for the purpose of conducting medical practices or running a medical care institution, which has been approved by the central
p.(None): competent authority and registered at court.
p.(None): The term —medical care corporations“ as used in the Act shall refer to registered corporations approved by the central competent
p.(None): authority for the purpose of conducting medical affairs and medical care institutions.
p.(None):
p.(None): Article 6
p.(None): The term —subsidiary medical institutions of a juridical person“ as used in the Act shall refer to the following medical care institutions:
p.(None): 1. Subsidiary hospitals established by private medical colleges and universities for the purpose of clinical education.
p.(None): 2. Medical care institutions established to conduct medical practices by public-interest juridical persons in accordance with related
p.(None): laws.
p.(None): 3. Subsidiary infirmaries of businesses, schools, or institutions set up in accordance with the law for the purpose of providing medical
p.(None): and health care services or emergency medical care for employees or members.
p.(None):
p.(None): Article 7
p.(None): The term —teaching hospital“ as used in the Act shall refer to medical care institutions whose education, research, and training
p.(None): facilities have been accredited in accordance with the Act as being able to provide training for physicians and other medical
p.(None): personnel, and clinical internship and practical training for students of medical colleges and universities.
p.(None):
p.(None): Article 8
p.(None): The term “human trial” as used in the Act shall refer to experimental research of new medical technology, new medicament, new
p.(None): medical implement, or the bioavailability and bioequivalence of generic drugs conducted by medical care institutions on humans
p.(None): based on medical theory.
p.(None): In conducting a human trial, the medical care institution shall respect the voluntary intent of the trial subjects and protect their right to
p.(None): health and privacy.
p.(None):
p.(None): Article 9
p.(None): The term —advertisement of medical treatment“ as used in the Act shall refer to the act of advertising medical practices by means of
p.(None): propagation for the purpose of soliciting patients.
p.(None):
p.(None): Article 10
p.(None): The term —medical personnel“ as used in the Act shall refer to physicians, pharmacists, professional registered nurses, physical
p.(None): therapists, occupational therapists, laboratory technologists, radiology technologists, dietitians, assistant pharmacists, registered
p.(None): nurses, midwives, physical therapy assistants, occupational therapy assistants, laboratory technology assistants, radiologists, and
p.(None): other persons with professional medical certificates issued by the central competent authority.
p.(None): The term —physician“ as used in the Act shall refer to physicians, Chinese medicine doctors, and dentists as referred to in the
p.(None): Physician‘s Act.
p.(None):
p.(None): Article 11
...
p.(None): authority, and shall accept inspections or data collections conducted by the competent authority regarding personnel, facilities,
p.(None): medical fees, medical practices, health and safety, and medical records.
p.(None):
p.(None): Article 27
p.(None): In case of serious disasters, medical care institutions shall obey the orders and directions of the competent authority in providing
p.(None): medical care services and assisting in public health, which shall not be avoided, obstructed, or refused.
p.(None): The competent authority shall provide compensation after consideration for the fees or costs incurred by medical care institutions
p.(None): which provide services or assistance according to the preceding paragraph.
p.(None):
p.(None): Article 28
p.(None): The central competent authority shall conduct accreditation of hospitals. The municipal or county(city)competent authority shall
p.(None): conduct periodical assessment of medical care institutions within the respective jurisdiction.
p.(None):
p.(None): Article 29
p.(None): Public hospitals may invite local social personages to establish an management advisory committee, for the purpose of providing
p.(None): suggestions to improve regional medical care services.
p.(None): Public hospitals shall allot at least ten percent of the annual medical income after expenses to conduct research and development,
p.(None): professional training, health education, medical relief, community medical care services, and other community services.
p.(None):
p.(None): Chapter III Medical Juridical Persons in Medical Care
p.(None):
p.(None): Section I General Provisions
p.(None):
p.(None): Article 30
p.(None): The establishment, organization, and management of medical care corporate shall be conducted in accordance with the provisions
p.(None): under the Act. Any matter not provided for in the Act shall be governed by the Civil Code.
p.(None): Medical care corporations shall be established in accordance with the provisions under the Act. The organization, management, rights
p.(None): and obligations of the directors, bankruptcy, dissolution, and liquidation of medical corporations not provided for in the Act shall be
p.(None): governed by the Civil Code.
p.(None):
p.(None): Article 31
p.(None): Juridical persons in medical care may establish hospitals, clinics, and other medical care institutions. The number and scale of said
p.(None): establishments may be restricted as necessary.
p.(None): The restrictions of number and scale of establishments as referred to in the preceding paragraph shall be determined by the central
p.(None): competent authority.
p.(None): Juridical persons in medical care may establish the following subsidiary institutions with the approval of the central competent
p.(None): authority and the competent authority governing the related practice:
p.(None): 1. Nursing institutions, psychiatric rehabilitation institutions;
p.(None): 2. Medical research institutions;
...
p.(None): the preceding article or Subparagraph 3, Paragraph 1 of Article 45-2.
p.(None): 6. The person has been adjudicated bankrupt or subject to the commencement of the liquidation process as ruled, and has not been
p.(None): reinstated to his/her rights and privileges.
p.(None):
p.(None): Article 45-2
p.(None): The chairman of the board, a director or a supervisor shall be dismissed if any of the following circumstances occurs during his/her
p.(None): term of office:
p.(None): 1. Having a letter of resignation presented to a board of directors meeting and included in the meeting’s minutes.
p.(None): 2. Meeting one of the conditions as set forth in the preceding article.
p.(None): 3. Having abused the power gained from his/her position or status to commit crimes and been convicted.
p.(None): 4. The chairman of the board convening no board of directors meetings within one year without reason.
p.(None): In the event where the chairman of the board, a director or a supervisor abused the power gained from his/her position or status to
p.(None): commit crimes and a prosecutor files a public prosecution, his/her duties shall be suspended.
p.(None): The chairman of the board, a director or a supervisor who represents a government agency or was recommended by other
p.(None): corporations or organizations shall hold or be removed from office when his/her original position changes. Recommended successors
p.(None): shall be elected and engaged by the board of directors, and their term of office expires on the day when the original term of office
p.(None): expires.
p.(None):
p.(None): Article 46
p.(None): Medical care corporate shall allot at least ten percent of the annual medical care income to conduct related research and
p.(None): development, professional training, and health education. Medical care corporate shall allot at least ten percent of the annual medical
p.(None): care income to conduct medical relief, community medical care services, and other community services. Those without standing
p.(None): achievements shall be rewarded by the central competent authority.
p.(None):
p.(None): Section III Medical Care Corporations
p.(None): Article 47
p.(None): Medical care corporations shall submit organization bylaws, establishment plan, and related documents for approval by the central
p.(None): competent authority for establishment.
p.(None): After approval from the central competent authority referred to in the preceding Paragraph, said medical care corporation shall
p.(None): establish aboard of directors in accordance with its bylaws within 30 days. Within 30 days of establishment of board of directors, the
p.(None): medical care corporation shall report to the central competent authority for registration and issuance of juridical person registration
p.(None): license.
p.(None):
p.(None): Article 48
p.(None): When a medical corporation is established, the following entries shall be registered:
p.(None): 1. Purpose and name of juridical person;
p.(None): 2. The principal and branch of ices;
p.(None): 3. Name and domicile of directors, chairperson, and supervisors;
p.(None): 4. Classification and number of assets;
p.(None): 5. Location, classification, and scope of established institution;
p.(None): 6. Total number of assets and contributions from each member;
p.(None): 7. Year, month, and date of permit license.
p.(None):
p.(None): Article 49
p.(None): The juridical person may not be a member of the medical care corporation.
...
p.(None): meeting for the appointment of a replacement director according to the petition of other directors or interested parties. In the case that
p.(None): the general meeting cannot be called, the replacement director shall be appointed by the central competent authority. Regulations
p.(None): regarding appointment shall be determined by the central competent authority.
p.(None): In the case that a medical care corporation director is in violation of the law or bylaws, resulting in harm done to the juridical person,
p.(None): is harmful to the interests of the established institution, and causes an inability to operate normally, the central competent authority
p.(None): may dismiss said director according to the petition of other directors or interested parties.
p.(None): In the case that the resolution of board of directors of a medical care corporation is in violation of the law or bylaws, resulting in harm
p.(None): done to the juridical person, is harmful to the interests of the established institution, or causes an inability to operate normally, the
p.(None): central competent authority shall dismiss the board of directors and call for a general meeting in which to appoint new directors.
p.(None):
p.(None): Article 53
p.(None): Medical care corporations shall allot at least ten percent of the income to conduct research and development, professional training,
p.(None): and health education, medical relief, community medical care services, and other community services. Medical care corporations
p.(None): shall allot at least twenty percent of the income as the operation fund.
p.(None):
p.(None): Article 54
p.(None): Medical care corporations shall be dissolved under any of the following circumstances:
p.(None): 1. Occurrences calling for dissolution under the bylaw;
p.(None): 2. In the case that the established purpose can not be fulfilled;
p.(None): 3. Consolidation with other juridical persons in medical care;
p.(None): 4. Bankruptcy;
p.(None): 5. Revocation of license or order for dissolution by the central competent authority;
p.(None): 6. General resolution;
p.(None): 7. Lack of members.
p.(None): Dissolution in accordance with Subparagraph1of the preceding Paragraph shall be reported to the central competent authority.
p.(None): Dissolution in accordance with Subparagraphs2 through7ofthe preceding Paragraph shall meet with the approval of the central
p.(None): competent authority.
p.(None):
p.(None): Article 55
p.(None): The remaining assets shall be dispersed in accordance with provisions under the organization bylaw after the dissolution of the
p.(None): medical corporation, with exception of consolidations and bankruptcies.
p.(None):
p.(None): Chapter IV Medical Practices
p.(None):
p.(None): Article 56
p.(None): Medical care institutions shall have appropriate locations for medical care and safety facilities in accordance with the nature of the
p.(None): services provided.
p.(None): Medical care institutions shall ensure comprehensive provision of aseptic needles on progressive percentages within five years,
...
p.(None): requests.
p.(None): Hospitals shall obtain a signed discharge form from the patient or his/her legal agent, spouse, kin, or related party in the case that the
p.(None): patient demands to be discharged prior to completion of his/her treatment.
p.(None): Patients shall immediately process the discharge or transfer upon notification of discharge by diagnosis or physician order.
p.(None):
p.(None): Article 76
p.(None): Hospitals and clinics shall not refuse to provide the patient with birth certificate, certificate of diagnosis, death certificate, or stillbirth
p.(None): certificate without cause as stipulated in the laws or regulations. When issuing the various certificates, caution shall be exerted as
p.(None): much as possible, especially when related to the cause of death.
p.(None): If the certificate of diagnosis mentioned in the preceding paragraph is issued for the patient’s insurance claim, it shall be written in
p.(None): Chinese. In the event that the name of disease indicated is different from the one that appears in the insurance policy, a remark shall
p.(None): be made.
p.(None): Hospitals and clinics shall report cases of death not caused by illness, or suspected not to be caused by illness, to the procuratorial
p.(None): authority for investigation in accordance with the law.
p.(None):
p.(None): Article 77
p.(None): Medical care institutions shall accept entrustment by the government in medical care service related affairs, such as assisting in
p.(None): conducting public health, continuing education, on-the-job training, disaster relief, emergency relief, community welfare, and civil
p.(None): defense.
p.(None):
p.(None): Article 78
p.(None): For the purpose of improving the level of medical care or prevention of disease in the country, teaching hospitals may conduct human
p.(None): research after formulating a plan and obtaining approval from the central competent authority, or upon entrustment of the central
p.(None): competent authority. Notwithstanding the foregoing, the approval of the central competent authority is not required for human
p.(None): research with aim of evaluating the bioavailability and bioequivalence of generic drugs.
p.(None): Non-teaching hospitals may not conduct human research. However, the preceding paragraph may apply mutatis mutandis to medical
p.(None): care institutions with specific expertise and having obtained the approval of the central competent authority.
p.(None): The plan for human research by a medical care institution shall be first reviewed and approved jointly by a board consisting of medical
p.(None): technologists, legal experts and impartial citizens or representatives of civil groups; people of either gender shall constitute no less
p.(None): than one third of the board. Members of the review board shall abide by the principle of recusal due to conflicts of interest.
p.(None): Subsequent changes of the human research plan shall be implemented only after being examined and verified or approved according
...
p.(None): Advertisements for medical care may orally present the content referred to in the preceding Paragraph through broadcast or
p.(None): television media with the approval of the respective municipal or county(city) competent authority.
p.(None): Information provided by medical care institutions through the internet shall not be restricted by content limitations provided for in the
p.(None): preceding Paragraph, with exception to the conditions provided for in Paragraph 2 of Article 103. The regulations regarding
p.(None): management of advertisements for medical care on the internet shall be determined by the central competent authority.
p.(None):
p.(None): Article 86
p.(None): Advertisements for medical care shall not be made in any of the following manners:
p.(None): 1. To publicize by making use of the name of other person(s);
p.(None): 2. To publicize by sale or gift of medical publications;
p.(None): 3. To publicize by making known family trade secrets or by public question and response;
p.(None): 4. To publicize by making use of content contained in medical publications;
p.(None): 5. To publicize by means of releasing an interview or news report;
p.(None): 6. To publicize in association or side-by-side with advertisements in violation of the preceding Paragraph;
p.(None): 7. To publicize by any other improper means.
p.(None):
p.(None): Article 87
p.(None): Advertisements containing content which implies or suggests medical practices shall be regarded as advertisements for medical care.
p.(None): Publications of new medical knowledge or research results, health education for patients, or academic publications which do not
p.(None): involve solicitation for medical practices shall not be regarded as advertisements for medical care.
p.(None):
p.(None): Chapter VI Distribution of Medical Manpower and Facilities
p.(None):
p.(None): Article 88
p.(None): For the purposes of promoting the balanced development of medical care resources, overall planning of existing public and private
p.(None): medical care institutions, and the reasonable distribution of manpower, the central competent authority shall divide medical regions,
p.(None): establish medical level system, and create a plan for medical care network.
p.(None): The competent authority may provide incentives for the establishment of non-governmental medical care institutions and nursing
p.(None): homes in areas lacking medical care resources in accordance with the plan for medical care network referred to in the preceding
p.(None): Paragraph. When necessary, the government shall establish said medical care institutions.
p.(None):
p.(None): Article 89
p.(None): The division of medical regions shall take into account the medical care resources and distribution of population within the region,
p.(None): and may exceed the boundaries of municipalities or counties (cities).
p.(None):
p.(None): Article 90
p.(None): The municipal or county (city) competent authority shall examine the establishment or expansion of medical care institutions within
p.(None): the respective jurisdictions in accordance with the plan for medical care network established by the central competent authority.
...
p.(None): the preceding Article. The regulations regarding the revenues and expenditures, safekeeping, and use of the fund shall be determined
p.(None): by the Executive Yuan.
p.(None):
p.(None): Article 93
p.(None): When necessary, the central competent authority may review and assess the dangerous medical instruments that are to be
p.(None): purchased and used by medical care institutions.
p.(None): Corporate or foundations for public interests purpose, within the scopes of purposes of their constitutions, in order to promote
p.(None): research and development plans to upgrade medical care techniques, and their capital investments exceed a certain level, may, upon
p.(None): permission of the central competent authority, in accordance with regulations of Article 30 and Article 31, establish corporate medical
p.(None): care institutions and purchase and use dangerous medical care instruments.
p.(None): Regulations governing the review and assessment of the dangerous medical instruments referred to in Paragraph 1 shall be
p.(None): determined by the central competent authority.
p.(None):
p.(None): Chapter VII Teaching Hospitals
p.(None):
p.(None): Article 94
p.(None): For the purpose of improving medical standards, hospitals may apply for accreditation to become teaching hospitals.
p.(None):
p.(None): Article 95
p.(None): The accreditation of teaching hospitals shall be regularly conducted by the central competent authority in conjunction with the central
p.(None): competent education authority.
p.(None): The central competent authority shall notify in writing the teaching hospital which applied for accreditation of the accreditation result,
p.(None): and shall release a bulletin of the list of qualified teaching hospitals, terms of validity, and other particulars.
p.(None): Article 96
p.(None): Teaching hospitals shall draft a training plan, to conduct the training and continuing education of physicians and other medical
p.(None): personnel, and shall accept students of medical universities and colleges for practical clinical training and internship.
p.(None): The number of physicians, medical personnel, and students of medical universities and colleges referred to in the preceding
p.(None): Paragraph shall be in accordance with the approved training capacity.
p.(None):
p.(None): Article 97
p.(None): Teaching hospitals shall prepare an annual budget for research and development and professional training, which shall account for at
p.(None): least three percent (3%) of the total annual medical revenue of said teaching hospital..
p.(None):
p.(None): Chapter VIII Medical Review Committee
p.(None):
p.(None): Article 98
p.(None): The central competent authority shall establish a medical review committee, which shall set up different working groups in
p.(None): accordance with the different missions, which are as follows:
p.(None): 1. Improvement of the medical care system;
p.(None): 2. Review of medical technologies;
p.(None): 3. Review of human trials;
p.(None): 4. Assessment commissioned by the judiciary or procuratorial authority;
p.(None): 5. Improvement of the specialist system;
p.(None): 6. Promotion of medical ethics;
p.(None): 7. Review of establishment or expansion of large hospitals exceeding a certain scale;
p.(None): 8. Review of other medical affairs.
p.(None): The organization, meeting, and other regulations of the medical care committee referred to in the preceding Paragraph shall be
p.(None): established by the central competent authority.
p.(None):
p.(None): Article 99
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p.(None):
p.(None): Article 4
p.(None): The term —private medical care institutions“ as used in the Act shall refer to any medical care institution established by physician(s).
p.(None):
p.(None): Article 5
p.(None): The term — juridical persons in medical care“ as used in the Act shall include corporate care and medical corporations.
p.(None): The term —medical care corporate“ as used in the Act shall refer to corporate in which the founder endows a certain number of
p.(None): assets for the purpose of conducting medical practices or running a medical care institution, which has been approved by the central
p.(None): competent authority and registered at court.
p.(None): The term —medical care corporations“ as used in the Act shall refer to registered corporations approved by the central competent
p.(None): authority for the purpose of conducting medical affairs and medical care institutions.
p.(None):
p.(None): Article 6
p.(None): The term —subsidiary medical institutions of a juridical person“ as used in the Act shall refer to the following medical care institutions:
p.(None): 1. Subsidiary hospitals established by private medical colleges and universities for the purpose of clinical education.
p.(None): 2. Medical care institutions established to conduct medical practices by public-interest juridical persons in accordance with related
p.(None): laws.
p.(None): 3. Subsidiary infirmaries of businesses, schools, or institutions set up in accordance with the law for the purpose of providing medical
p.(None): and health care services or emergency medical care for employees or members.
p.(None):
p.(None): Article 7
p.(None): The term —teaching hospital“ as used in the Act shall refer to medical care institutions whose education, research, and training
p.(None): facilities have been accredited in accordance with the Act as being able to provide training for physicians and other medical
p.(None): personnel, and clinical internship and practical training for students of medical colleges and universities.
p.(None):
p.(None): Article 8
p.(None): The term “human trial” as used in the Act shall refer to experimental research of new medical technology, new medicament, new
p.(None): medical implement, or the bioavailability and bioequivalence of generic drugs conducted by medical care institutions on humans
p.(None): based on medical theory.
p.(None): In conducting a human trial, the medical care institution shall respect the voluntary intent of the trial subjects and protect their right to
p.(None): health and privacy.
p.(None):
p.(None): Article 9
p.(None): The term —advertisement of medical treatment“ as used in the Act shall refer to the act of advertising medical practices by means of
p.(None): propagation for the purpose of soliciting patients.
p.(None):
p.(None): Article 10
p.(None): The term —medical personnel“ as used in the Act shall refer to physicians, pharmacists, professional registered nurses, physical
p.(None): therapists, occupational therapists, laboratory technologists, radiology technologists, dietitians, assistant pharmacists, registered
p.(None): nurses, midwives, physical therapy assistants, occupational therapy assistants, laboratory technology assistants, radiologists, and
p.(None): other persons with professional medical certificates issued by the central competent authority.
...
Social / gender
Searching for indicator gender:
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p.(None):
p.(None): Article 77
p.(None): Medical care institutions shall accept entrustment by the government in medical care service related affairs, such as assisting in
p.(None): conducting public health, continuing education, on-the-job training, disaster relief, emergency relief, community welfare, and civil
p.(None): defense.
p.(None):
p.(None): Article 78
p.(None): For the purpose of improving the level of medical care or prevention of disease in the country, teaching hospitals may conduct human
p.(None): research after formulating a plan and obtaining approval from the central competent authority, or upon entrustment of the central
p.(None): competent authority. Notwithstanding the foregoing, the approval of the central competent authority is not required for human
p.(None): research with aim of evaluating the bioavailability and bioequivalence of generic drugs.
p.(None): Non-teaching hospitals may not conduct human research. However, the preceding paragraph may apply mutatis mutandis to medical
p.(None): care institutions with specific expertise and having obtained the approval of the central competent authority.
p.(None): The plan for human research by a medical care institution shall be first reviewed and approved jointly by a board consisting of medical
p.(None): technologists, legal experts and impartial citizens or representatives of civil groups; people of either gender shall constitute no less
p.(None): than one third of the board. Members of the review board shall abide by the principle of recusal due to conflicts of interest.
p.(None): Subsequent changes of the human research plan shall be implemented only after being examined and verified or approved according
p.(None): to the preceding three provisions.
p.(None):
p.(None): Article 79
p.(None): When conducting human research, medical care institutions shall pay necessary attention to medical procedures, and first obtain a
p.(None): written consent from the research subjects. The subjects of human research must be adults with disposing capacity. The preceding
p.(None): provision however does not apply to human research that is apparently beneficial to the health of specific population or patients with
p.(None): a special disease.
p.(None): Where a research subject in the proviso of the preceding paragraph is a person with limited disposing capacity, the consents of both
p.(None): the subject and his/her legal representative are required; where the research subject is a person with no disposing capacity, the
p.(None): consent of his/her legal representative is required.
p.(None): The medical care institution shall clearly state the following on the written consent referred to in the preceding paragraph, and shall
p.(None): inform the subject or his/her legal representative in a manner comprehensible to him/her before obtaining his/her consent:
p.(None): 1. Purpose and method of research;
p.(None): 2. Possible risks and side effects;
...
General/Other / Public Emergency
Searching for indicator emergency:
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p.(None): authority, government-owned enterprises, or public schools.
p.(None):
p.(None): Article 4
p.(None): The term —private medical care institutions“ as used in the Act shall refer to any medical care institution established by physician(s).
p.(None):
p.(None): Article 5
p.(None): The term — juridical persons in medical care“ as used in the Act shall include corporate care and medical corporations.
p.(None): The term —medical care corporate“ as used in the Act shall refer to corporate in which the founder endows a certain number of
p.(None): assets for the purpose of conducting medical practices or running a medical care institution, which has been approved by the central
p.(None): competent authority and registered at court.
p.(None): The term —medical care corporations“ as used in the Act shall refer to registered corporations approved by the central competent
p.(None): authority for the purpose of conducting medical affairs and medical care institutions.
p.(None):
p.(None): Article 6
p.(None): The term —subsidiary medical institutions of a juridical person“ as used in the Act shall refer to the following medical care institutions:
p.(None): 1. Subsidiary hospitals established by private medical colleges and universities for the purpose of clinical education.
p.(None): 2. Medical care institutions established to conduct medical practices by public-interest juridical persons in accordance with related
p.(None): laws.
p.(None): 3. Subsidiary infirmaries of businesses, schools, or institutions set up in accordance with the law for the purpose of providing medical
p.(None): and health care services or emergency medical care for employees or members.
p.(None):
p.(None): Article 7
p.(None): The term —teaching hospital“ as used in the Act shall refer to medical care institutions whose education, research, and training
p.(None): facilities have been accredited in accordance with the Act as being able to provide training for physicians and other medical
p.(None): personnel, and clinical internship and practical training for students of medical colleges and universities.
p.(None):
p.(None): Article 8
p.(None): The term “human trial” as used in the Act shall refer to experimental research of new medical technology, new medicament, new
p.(None): medical implement, or the bioavailability and bioequivalence of generic drugs conducted by medical care institutions on humans
p.(None): based on medical theory.
p.(None): In conducting a human trial, the medical care institution shall respect the voluntary intent of the trial subjects and protect their right to
p.(None): health and privacy.
p.(None):
p.(None): Article 9
p.(None): The term —advertisement of medical treatment“ as used in the Act shall refer to the act of advertising medical practices by means of
p.(None): propagation for the purpose of soliciting patients.
p.(None):
p.(None): Article 10
p.(None): The term —medical personnel“ as used in the Act shall refer to physicians, pharmacists, professional registered nurses, physical
p.(None): therapists, occupational therapists, laboratory technologists, radiology technologists, dietitians, assistant pharmacists, registered
p.(None): nurses, midwives, physical therapy assistants, occupational therapy assistants, laboratory technology assistants, radiologists, and
...
p.(None): institutions.
p.(None): Provisions regarding the commencement of practice shall apply mutatis mutandis to the resumption of practice for medical care
p.(None): institutions.
p.(None):
p.(None): Article 24
p.(None): Medical care institutions shall be clean and orderly, and shall not impede public health and safety.
p.(None): For the purpose of protecting patients’ safety when they seek medical care, no person shall hinder medical practices by means of
p.(None): violence, coercion, intimidation, public insults or other illegal methods.
p.(None): Medical care institutions shall undertake necessary measures to ensure the safety of medical personnel when they practice medicine.
p.(None): The police authority shall eliminate or restrain persons who violate the provisions of Paragraph 2. In case that criminal liabilities have
p.(None): arisen, such violations shall be referred to the competent juridical authority for investigation purposes.
p.(None): The central competent authority shall establish a reporting mechanism, and shall announce, on a regular basis, the details of any
p.(None): events set forth in Paragraph 2 when they occur in a medical care institution as well as the final results.
p.(None): Article 25
p.(None): The architectural structure and facilities of hospitals shall have fire prevention, escape routes, and other necessary precautions. In
p.(None): addition, hospitals shall also establish emergency response measures.
p.(None): The emergency response measures referred to in the preceding Paragraph and the regulations regarding their inspection shall be
p.(None): determined by the central competent authority.
p.(None):
p.(None): Article 26
p.(None): Medical care institutions shall submit reports in accordance with the provisions of the law or with the notification of the competent
p.(None): authority, and shall accept inspections or data collections conducted by the competent authority regarding personnel, facilities,
p.(None): medical fees, medical practices, health and safety, and medical records.
p.(None):
p.(None): Article 27
p.(None): In case of serious disasters, medical care institutions shall obey the orders and directions of the competent authority in providing
p.(None): medical care services and assisting in public health, which shall not be avoided, obstructed, or refused.
p.(None): The competent authority shall provide compensation after consideration for the fees or costs incurred by medical care institutions
p.(None): which provide services or assistance according to the preceding paragraph.
p.(None):
p.(None): Article 28
p.(None): The central competent authority shall conduct accreditation of hospitals. The municipal or county(city)competent authority shall
p.(None): conduct periodical assessment of medical care institutions within the respective jurisdiction.
p.(None):
p.(None): Article 29
p.(None): Public hospitals may invite local social personages to establish an management advisory committee, for the purpose of providing
...
p.(None): Dissolution in accordance with Subparagraphs2 through7ofthe preceding Paragraph shall meet with the approval of the central
p.(None): competent authority.
p.(None):
p.(None): Article 55
p.(None): The remaining assets shall be dispersed in accordance with provisions under the organization bylaw after the dissolution of the
p.(None): medical corporation, with exception of consolidations and bankruptcies.
p.(None):
p.(None): Chapter IV Medical Practices
p.(None):
p.(None): Article 56
p.(None): Medical care institutions shall have appropriate locations for medical care and safety facilities in accordance with the nature of the
p.(None): services provided.
p.(None): Medical care institutions shall ensure comprehensive provision of aseptic needles on progressive percentages within five years,
p.(None): starting from 2012, for their medical personnel who are working on care and treatment that require direct contact with a patient’s body
p.(None): fluids or blood.
p.(None):
p.(None): Article 57
p.(None): Medical care institutions shall supervise their medical personnel to conduct practices in accordance with the related provisions of
p.(None): each professional medical practice law.
p.(None): Medical care institutions shall not employ or keep someone without proper medical personnel qualification for execution of duties that
p.(None): should be carried out solely by specialized medical personnel.
p.(None):
p.(None): Article 58
p.(None): Medical care institutions shall not establish clinical assistants to conduct medical practices.
p.(None):
p.(None): Article 59
p.(None): Hospitals shall appoint an appropriate number of physicians in accordance with the scope and practical needs of the hospital, to treat
p.(None): hospitalized and emergency patients during non-clinic hours.
p.(None):
p.(None): Article 60
p.(None): Hospitals and clinics shall first provide emergency patients with proper emergency treatment and offer remedies or undertake
p.(None): necessary measures within the capability of their personnel and facilities, and shall not delay without cause.
p.(None): In the case that the emergency patients referred to in the preceding paragraph are low- or middle-income patients or were found to
p.(None): have collapsed on streets, and they or their supporters are unable to afford the medical costs, the social administrative competent
p.(None): authority at the municipal or county (city) level shall provide subsidies in accordance with the law.
p.(None):
p.(None): Article 61
p.(None): Medical care institutions shall not solicit patients through improper manners proclaimed and prohibited by the central competent
p.(None): authority.
p.(None): Medical care institutions and its staff shall not take advantage of opportunities resulting from medical practice to gain improper
p.(None): interests.
p.(None):
p.(None): Article 62
p.(None): Hospitals shall establish medical care treatment quality control systems, and review and assess the quality.
p.(None): For the purpose of improving medical care service quality, the central competent authority shall establish regulations regarding the
p.(None): applicable symptoms, qualification of technical personnel, conditions, and other observances for medical technology, examination,
p.(None): laboratory testing, medical devices.
p.(None):
p.(None): Article 63
p.(None): Medical care institutions shall explain the reasons for surgical operation, success rate, possible side-effects and risks to the patient or
p.(None): his/her legal agent, spouse, kin, or interested party, and must obtain his/her consent and signature on letter of consent for surgery and
p.(None): anesthesia before commencing with surgical procedure. However, in case of emergency, the provisions above shall not apply.
p.(None): The legal agent, spouse, kin, or interested party may sign the letter of consent referred to in the preceding Paragraph in the case that
p.(None): the patient is a minor or unable to affix the signature personally.
p.(None): The format of the letter of consent for surgery and anesthesia referred to in the first Paragraph shall be determined by the central
p.(None): competent authority.
p.(None):
p.(None): Article 64
p.(None): Medical care institutions shall explain the invasive examination or treatment regulated by the central competent authority to the
p.(None): patient or his/her legal agent, spouse, kin, or interested party, and must obtain his/her consent and signature on the letter of consent
p.(None): before commencing with the procedure. However, in case of emergency, the provisions above shall not apply.
p.(None): The legal agent, spouse, kin, or interested party may sign the letter of consent referred to in the preceding Paragraph in the case that
p.(None): the patient is a minor or unable to affix the signature personally.
p.(None):
p.(None): Article 65
p.(None): The tissue specimens collected or organs taken in operations by the medical care institutions shall be sent in pathological
p.(None): examinations, and shall notify the patient or his/her legal agent, spouse, kin, or interested party of the examination result.
p.(None): Medical care institutions shall analyze, review, and assess the clinical or pathological examination result of the tissue specimens or
p.(None): organs from operations mentioned in the preceding Paragraph.
p.(None):
p.(None): Article 66
p.(None): When dispensing medicaments to the patients, a hospital or clinic shall clearly indicate the patient’s name and sex, the name,
p.(None): dosage, quantity, method of administration, actions or indications, warnings or side effects of the medicament, the name and location
p.(None): of the medical institution, the name of dispenser and the date of dispensation on the container or package.
p.(None):
p.(None): Article 67
p.(None): Medical care institutions shall establish clear, accurate, and complete medical records.
p.(None): The medical records referred to in the preceding Paragraph shall include the following information:
p.(None): 1. Medical records produced by the physician in accordance with the Physicians Act;
p.(None): 2. Each examination and inspection report;
p.(None): 3. Other records made by medical personnel during practice.
p.(None): Hospitals shall make an index and statistical analysis of medical records for the purpose of research and reference.
p.(None):
p.(None): Article 68
p.(None): Medical care institutions shall instruct its medical personnel to personally make documentation of medical record, affix signature or
p.(None): seal, and add the year, month and date of inspection when conducting medical practices.
p.(None): In the case that the medical records referred to in the preceding Paragraph is revised or amended, the signature or sign and date
p.(None): shall be affixed to the revised or amended portions. Amended records shall be drawn out with a line, and not deleted.
p.(None): The physician‘s orders shall be clearly stated in the medical record or in written form. However, in case of emergency, the physician‘s
p.(None): orders may be given orally, and documented within 24hours.
p.(None):
p.(None): Article 69
p.(None): Medical care institutions which document and store medical records by means of electronic record shall be exempt from producing
p.(None): another written copy. The regulations regarding the criteria, production method, content, and other observances for electronic medical
p.(None): records shall be determined by the central competent authority.
p.(None):
p.(None): Article 70
p.(None): Medical care institutions shall designate appropriate location and appoint personnel for the storage of medical records, which shall be
p.(None): retained for at least seven years. However, medical records of minors shall be retained for at least seven years after their coming of
p.(None): age, and medical records for human trials shall be retained indefinitely.
p.(None): Medical care institutions which cease practice due to certain reasons shall transfer the medical records to the successor for retentions
p.(None): in accordance with the law. In the absence of a successor, the patients or their agents may ask the medical care institution to turn
p.(None): over their medical records, while the rest of the records shall be retained for at least another six months before destruction.
p.(None): Where a medical care institution becomes unable to keep the medical records with justified reasons, the local competent authority will
p.(None): keep those records.
p.(None): Medical care institutions shall ensure that the destruction method of medical records which exceed retention period will not disclose
p.(None): the contents of the medical records.
p.(None):
p.(None): Article 71
p.(None): Medical care institutions shall provide a copy of the patient‘s medical records or Chinese summary of medical records when
p.(None): necessary in accordance with the patient‘s requests, and shall not delay or refuse without cause. The fee for the copy of medical
p.(None): records shall be paid by the patient.
p.(None):
p.(None): Article 72
p.(None): Medical care institutions and their staff shall not disclose without cause any information regarding patient’s illnesses or health, which
p.(None): are acquired by virtue of practice.
p.(None):
p.(None): Article 73
p.(None): Hospitals or clinics which are unable to ascertain the patient‘s illness or provide full treatment due to restrictions of personnel,
p.(None): facilities, or expertise, shall suggest the patient to transfer to another medical care institution. However, hospitals or clinics shall
p.(None): provide emergency medical care in accordance with Paragraph1of Article 60 in the case of emergency patients before transfer to
p.(None): another medical care institution.
p.(None): A summary for transfer medical record shall be filled out and provided to the patient in the case of transfer referred to in the
p.(None): preceding Paragraph, which shall not be delayed or refused without cause.
p.(None):
p.(None): Article 74
p.(None): When treating a patient, the hospital or clinic may contact any previous hospitals or clinics where the patient was treated for copies of
p.(None): medical records, medical record summary, and other examination reports as necessary, but only after obtaining the consent of the
p.(None): patient or his/her legal agent, spouse, kin, or interested party. The previous hospital or clinic shall not refuse to provide said
p.(None): information. The cost shall be paid by the patient.
p.(None):
p.(None): Article 75
p.(None): Hospitals shall provide appropriate medical care facilities and personnel to provide continuing care for discharged patients per their
p.(None): requests.
p.(None): Hospitals shall obtain a signed discharge form from the patient or his/her legal agent, spouse, kin, or related party in the case that the
p.(None): patient demands to be discharged prior to completion of his/her treatment.
p.(None): Patients shall immediately process the discharge or transfer upon notification of discharge by diagnosis or physician order.
p.(None):
p.(None): Article 76
p.(None): Hospitals and clinics shall not refuse to provide the patient with birth certificate, certificate of diagnosis, death certificate, or stillbirth
p.(None): certificate without cause as stipulated in the laws or regulations. When issuing the various certificates, caution shall be exerted as
p.(None): much as possible, especially when related to the cause of death.
p.(None): If the certificate of diagnosis mentioned in the preceding paragraph is issued for the patient’s insurance claim, it shall be written in
p.(None): Chinese. In the event that the name of disease indicated is different from the one that appears in the insurance policy, a remark shall
p.(None): be made.
p.(None): Hospitals and clinics shall report cases of death not caused by illness, or suspected not to be caused by illness, to the procuratorial
p.(None): authority for investigation in accordance with the law.
p.(None):
p.(None): Article 77
p.(None): Medical care institutions shall accept entrustment by the government in medical care service related affairs, such as assisting in
p.(None): conducting public health, continuing education, on-the-job training, disaster relief, emergency relief, community welfare, and civil
p.(None): defense.
p.(None):
p.(None): Article 78
p.(None): For the purpose of improving the level of medical care or prevention of disease in the country, teaching hospitals may conduct human
p.(None): research after formulating a plan and obtaining approval from the central competent authority, or upon entrustment of the central
p.(None): competent authority. Notwithstanding the foregoing, the approval of the central competent authority is not required for human
p.(None): research with aim of evaluating the bioavailability and bioequivalence of generic drugs.
p.(None): Non-teaching hospitals may not conduct human research. However, the preceding paragraph may apply mutatis mutandis to medical
p.(None): care institutions with specific expertise and having obtained the approval of the central competent authority.
p.(None): The plan for human research by a medical care institution shall be first reviewed and approved jointly by a board consisting of medical
p.(None): technologists, legal experts and impartial citizens or representatives of civil groups; people of either gender shall constitute no less
p.(None): than one third of the board. Members of the review board shall abide by the principle of recusal due to conflicts of interest.
p.(None): Subsequent changes of the human research plan shall be implemented only after being examined and verified or approved according
p.(None): to the preceding three provisions.
p.(None):
p.(None): Article 79
...
p.(None): Medical care institutions shall submit trial report to the central competent authority at the completion of the human trial.
p.(None): Article 81
p.(None): When treating the patient, the medical care institution shall inform the patient or his/her legal agent, spouse, kin, or interested party of
p.(None): his/her condition, course of treatment, disposition, medication, expected condition, and possible ill effects.
p.(None):
p.(None): Article 82
p.(None): Those conducting medical practices shall exercise due care in carrying out a medical procedure.
p.(None): Only in the event that medical personnel cause harm to patients in conducting medical practices intentionally or breach of medical
p.(None): due care, which goes beyond reasonable exercise of professional clinical discretion, the medical personnel shall be bound to
p.(None): compensate for such harm.
p.(None): Only in the event that medical personnel negligently cause injury or death to patients in conducting medical practices due to a breach
p.(None): of medical due care, which goes beyond the reasonable exercise of professional clinical discretion, the medical personnel shall
p.(None): assume criminal responsibility.
p.(None): The extent of the breach of the duty of due care and professional clinical discretion, as set forth in the preceding two paragraphs,
p.(None): shall be determined based on objective conditions such as the customary medical practice, medical level, medical facilities, working
p.(None): conditions, and level of emergency or urgency in the locality at the time of practice in the medical field concerned.
p.(None): Medical care institutions shall be liable for compensation only for such harm that causes to patients in the course of medical
p.(None): practices, whether deliberately or negligently.
p.(None):
p.(None): Article 83
p.(None): The Judicial Yuan shall appoint courts to establish professional medical courts, in which a judge with related professional medical
p.(None): knowledge and trial experience shall handle medical disputes and litigation.
p.(None):
p.(None): Chapter V Advertisements for Medical Care
p.(None):
p.(None): Article 84
p.(None): Non-medical care institutions shall not make advertisements for medical care.
p.(None):
p.(None): Article 85
p.(None): The content of advertisements for medical care shall be restricted to the following:
p.(None): 1. The name, practice license number, address, and telephone number of, and directions to, the medical care institution;
p.(None): 2. The name, sex, academic background, professional experience, and physician or specialist physician certificate number of the
p.(None): physician;
p.(None): 3. Hospitals or clinics contracted or associated with the National Health Insurance or other non-commercial insurances;
p.(None): 4. Clinic practices and clinic hours;
p.(None): 5. The year, month, and date of the opening, suspension, close, resumption, or relocation of practice;
p.(None): 6. Other items approved and announced by the central competent authority for publication or broadcast.
p.(None): Advertisements for medical care may orally present the content referred to in the preceding Paragraph through broadcast or
...
p.(None): subject to a fine of no less than NT$100,000 but no more than NT$500,000 by the central competent authority, and in addition, be
p.(None): ordered to discontinue the human research if the safety of the research or damage to the interests of the research subjects is a
p.(None): concern. Violations of a serious nature shall also be subject to cessation of practice for whole or part of relevant business or for
p.(None): departments and services that violate the provisions for no less than one month but no more than one year.
p.(None): Persons who violate any of the provisions of Paragraph 4 of Article 78 herein shall be subject to a fine of no less than NT$50,000 but
p.(None): no more than NT$250,000 by the central competent authority, and in addition, be ordered to discontinue the human research.
p.(None): Violations of a serious nature shall also be ordered to terminate the human research.
p.(None): Article 106
p.(None): Persons who violate the provisions of Paragraph 2 of Article 24 shall be subject to a fine between NT$30,000 and NT$50,000.
p.(None): Violations that involve criminal liabilities shall be referred to the juridical authority.
p.(None): Persons who damage the life saving equipment in medical care institutions or other similar places and consequently endanger the
p.(None): life, body or health of others are subject to imprisonment for no more than three years, detention or a fine of no more than
p.(None): NT$300,000.
p.(None): Persons who hinder medical personnel or emergency medical services personnel from carrying out medical practices or emergency
p.(None): medical services by means of violence, coercion, intimidation or other illegal methods are subject to imprisonment for no more than
p.(None): three years, or in addition thereto, a fine of no more than NT$300,000.
p.(None): Those who commit the offense set forth in the preceding paragraph are subject to imprisonment for life or no less than seven years if
p.(None): their offense causes the death of medical personnel or emergency medical services personnel, and imprisonment for no less than
p.(None): three years but no more than ten years if their offense causes serious injury to medical personnel or emergency medical services
p.(None): personnel.
p.(None):
p.(None): Article 107
p.(None): Those who violate any of the provisionsofParagraph2 of Article 61, Paragraph2 of Article 62, Paragraph1ofArticle 63,
p.(None): Paragraph1ofArticle 64, Article 68, Article 72, Article 78, Article 79, or Paragraph 2 of Article 93 shall be penalized in accordance with
p.(None): the provisions of Article 102, Article 103, or Article 105. In addition, the offender shall also be penalized by said Articles. Persons
p.(None): whose violations involve criminal liability shall be transferred to the juridical authority for disposal.
p.(None): In the event that the offender is a medical person, he/she shall be penalized in accordance with the respective specialty medical
p.(None): profession laws.
p.(None):
p.(None): Article 108
p.(None): Medical care institutions which fall under the following conditions shall be subject to a fine of no less than NT$50,000 but no more
p.(None): than NT$500,000. In addition, the of ending clinic departments or service items, or all or part of the clinic departments and
p.(None): hospitalization practices shall be subject to suspension of practice for no less than one month but no more than one year, or
p.(None): revocation of practice license, in accordance with the seriousness of the violation:
p.(None): 1. Obvious negligence of medical practice management, resulting in injury or death to the patient;
p.(None): 2. Knowingly documents medical records or produces diagnosis, birth certificate, death certificate or still born certificate which are
p.(None): inconsistent with the facts;
p.(None): 3. Conduct medical practices forbidden by central competent authority regulations;
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p.(None):
p.(None): Article Content
p.(None):
p.(None):
p.(None):
p.(None): Title Medical Care Act CH
p.(None): Amended Date 2018-01-24
p.(None): Category Ministry of Health and Welfare
p.(None):
p.(None):
p.(None): Article Content Chapter Article No Search Content Search Legislative History
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Chapter I General Principles
p.(None):
p.(None): Article 1
p.(None): The Medical Care Act (hereinafter referred to as—the Act“) is enacted for the purpose of advancing the comprehensive development
p.(None): of the medical care industry, reasonably distributing medical care resources, improving the quality of medical care, to protect the
p.(None): rights of the patient, and to promote national health. Any matter not provided for in the Act shall be governed by the provisions of
p.(None): other relevant laws.
p.(None):
p.(None): Article 2
p.(None): The term —medical care institutions“ as used in the Act shall refer to any institution in which physicians conduct the practice of
p.(None): medicine.
p.(None):
p.(None): Article 3
p.(None): The term —public medical care institutions“ as used in the Act shall refer to any medical care institution established by government
p.(None): authority, government-owned enterprises, or public schools.
p.(None):
p.(None): Article 4
p.(None): The term —private medical care institutions“ as used in the Act shall refer to any medical care institution established by physician(s).
p.(None):
p.(None): Article 5
p.(None): The term — juridical persons in medical care“ as used in the Act shall include corporate care and medical corporations.
p.(None): The term —medical care corporate“ as used in the Act shall refer to corporate in which the founder endows a certain number of
p.(None): assets for the purpose of conducting medical practices or running a medical care institution, which has been approved by the central
p.(None): competent authority and registered at court.
p.(None): The term —medical care corporations“ as used in the Act shall refer to registered corporations approved by the central competent
p.(None): authority for the purpose of conducting medical affairs and medical care institutions.
p.(None):
p.(None): Article 6
p.(None): The term —subsidiary medical institutions of a juridical person“ as used in the Act shall refer to the following medical care institutions:
p.(None): 1. Subsidiary hospitals established by private medical colleges and universities for the purpose of clinical education.
p.(None): 2. Medical care institutions established to conduct medical practices by public-interest juridical persons in accordance with related
p.(None): laws.
p.(None): 3. Subsidiary infirmaries of businesses, schools, or institutions set up in accordance with the law for the purpose of providing medical
p.(None): and health care services or emergency medical care for employees or members.
p.(None):
p.(None): Article 7
p.(None): The term —teaching hospital“ as used in the Act shall refer to medical care institutions whose education, research, and training
p.(None): facilities have been accredited in accordance with the Act as being able to provide training for physicians and other medical
p.(None): personnel, and clinical internship and practical training for students of medical colleges and universities.
p.(None):
p.(None): Article 8
p.(None): The term “human trial” as used in the Act shall refer to experimental research of new medical technology, new medicament, new
p.(None): medical implement, or the bioavailability and bioequivalence of generic drugs conducted by medical care institutions on humans
p.(None): based on medical theory.
p.(None): In conducting a human trial, the medical care institution shall respect the voluntary intent of the trial subjects and protect their right to
p.(None): health and privacy.
p.(None):
p.(None): Article 9
p.(None): The term —advertisement of medical treatment“ as used in the Act shall refer to the act of advertising medical practices by means of
p.(None): propagation for the purpose of soliciting patients.
p.(None):
p.(None): Article 10
p.(None): The term —medical personnel“ as used in the Act shall refer to physicians, pharmacists, professional registered nurses, physical
p.(None): therapists, occupational therapists, laboratory technologists, radiology technologists, dietitians, assistant pharmacists, registered
p.(None): nurses, midwives, physical therapy assistants, occupational therapy assistants, laboratory technology assistants, radiologists, and
p.(None): other persons with professional medical certificates issued by the central competent authority.
p.(None): The term —physician“ as used in the Act shall refer to physicians, Chinese medicine doctors, and dentists as referred to in the
p.(None): Physician‘s Act.
p.(None):
p.(None): Article 11
p.(None): The term "competent authority" as used in the Act shall refer to the Department of Health, the Executive Yuan, in the case of the
p.(None): central government, the municipal government in the case of a municipality, and the county(city) government in the case of a
p.(None): county(city).
p.(None):
p.(None): Chapter II Medical Care Institutions
p.(None):
p.(None): Article 12
p.(None): Medical care institutions with wards for the inpatient care of patients shall be referred to as hospitals; those with only out-patient
p.(None): facilities shall be referred to as clinics; and those which conduct medical care practices not for the purpose of directly treating patients
p.(None): shall be referred to as other medical care institutions.
p.(None): Clinics referred to in the preceding Paragraph may set up no more than nine beds for observation. Gynecology clinics shall set up no
p.(None): more than ten obstetric beds, according to medical practice necessity.
p.(None): The classification of medical care institutions, as well as the service facilities, personnel, and establishment standards of each type of
p.(None): medical care institutions shall be determined by the central competent authority.
p.(None):
p.(None): Article 13
p.(None): Two or more clinics may establish a joint clinic at the same location, and shall conduct respective clinical practices with the use of
p.(None): common facilities. The regulations regarding the management of joint clinics shall be established by the central competent health
p.(None): authority.
p.(None):
p.(None): Article 14
p.(None): The establishment or expansion of hospitals may apply for building license in accordance with related regulations under the Building
p.(None): Code after approval from the competent authority; the same applies to the establishment of a branch of a hospital.With respect to the
p.(None): approval of the establishment or expansion of hospitals, the applicant’s qualifications, review procedure and criteria, restrictions,
p.(None): revocation, repeal and other matters of compliance shall be set forth by the central competent authority.
p.(None):
p.(None): Article 15
p.(None): To commence practice, medical institutions shall apply to the municipal or county(city) competent authority of the locality for approval
p.(None): and registration, and commence practice only after a practice is issued.
p.(None): The applicant qualifications, application procedures, documents, and other observances for the opening practice application referred
p.(None): to in the preceding Paragraph shall be determined by the central competent authority.
p.(None): Article 16
p.(None): Where the private medical care institutions are above a certain scale announced By the central competent authority, said private
p.(None): medical care institutions shall be re-established as a medical juridical person.
p.(None):
p.(None): Article 17
p.(None): The use and change of the names of medical care institutions shall be restricted to those approved by the respective municipal or
p.(None): county(city) competent authority. The principles regarding the use and change of said names shall be determined by the central
p.(None): competent authority.
p.(None): Non-medical care institutions may not use names of, or similar to, medical care institutions.
p.(None):
p.(None): Article 18
p.(None): One supervising physician shall be established at each medical care institution, and shall be responsible for the practice of medicine
p.(None): at said medical care institution. The applicant shall be the supervising physician of a private medical care institution.
p.(None): The supervising physician referred to in the preceding Paragraph shall be limited to those who has received at least two years of
p.(None): medical training at hospitals or clinics designated by the central competent authority, and have received documents of certification.
p.(None):
p.(None): Article 19
p.(None): The supervising physician shall appoint a physician with supervising physician qualifications to act for, in the case that he/she is not
p.(None): able to conduct practice. In the case that the activity period exceeds 45days, the original supervising physician shall notify the original
p.(None): license issuing authority.
p.(None): The acting period referred to in the preceding Paragraph shall not exceed one year.
p.(None):
p.(None): Article 20
p.(None): Medical care institutions shall display the practice license, clinic hours, and other clinic items in a conspicuous place.
p.(None):
p.(None): Article 21
p.(None): Standards for medical fees charged by the medical care institution shall be determined by the municipal or county(city)competent
p.(None): authority.
p.(None):
p.(None): Article 22
p.(None): Receipts shall be made by medical care institutions for medical fees charged, which shall clearly state the item(s)and fee(s).
p.(None): Medical fees charged by medical care institutions shall not violate or exceed the standard for the fees, nor shall medical institutions
p.(None): charge for items without authorization.
p.(None):
p.(None): Article 23
p.(None): When the practice is suspended or terminated, the medical care institution shall notify the original license issuing authority for record
p.(None): purposes within 30 days.
p.(None): Duration of the suspension mentioned in the preceding paragraph shall be limited to one year; for suspension over one year,
p.(None): termination of practice shall be filed within 30 days from the date when the one-year deadline is over.
p.(None): If a medical care institution fails to file for termination of practice as provided in the preceding paragraph, the competent authority may
p.(None): terminate its practice at its own discretion.
p.(None): Provisions regarding the establishment and commencement of practice shall apply mutatis mutandis to the relocation of medical care
p.(None): institutions.
p.(None): Provisions regarding the commencement of practice shall apply mutatis mutandis to the resumption of practice for medical care
p.(None): institutions.
p.(None):
p.(None): Article 24
p.(None): Medical care institutions shall be clean and orderly, and shall not impede public health and safety.
p.(None): For the purpose of protecting patients’ safety when they seek medical care, no person shall hinder medical practices by means of
p.(None): violence, coercion, intimidation, public insults or other illegal methods.
p.(None): Medical care institutions shall undertake necessary measures to ensure the safety of medical personnel when they practice medicine.
p.(None): The police authority shall eliminate or restrain persons who violate the provisions of Paragraph 2. In case that criminal liabilities have
p.(None): arisen, such violations shall be referred to the competent juridical authority for investigation purposes.
p.(None): The central competent authority shall establish a reporting mechanism, and shall announce, on a regular basis, the details of any
p.(None): events set forth in Paragraph 2 when they occur in a medical care institution as well as the final results.
p.(None): Article 25
p.(None): The architectural structure and facilities of hospitals shall have fire prevention, escape routes, and other necessary precautions. In
p.(None): addition, hospitals shall also establish emergency response measures.
p.(None): The emergency response measures referred to in the preceding Paragraph and the regulations regarding their inspection shall be
p.(None): determined by the central competent authority.
p.(None):
p.(None): Article 26
p.(None): Medical care institutions shall submit reports in accordance with the provisions of the law or with the notification of the competent
p.(None): authority, and shall accept inspections or data collections conducted by the competent authority regarding personnel, facilities,
p.(None): medical fees, medical practices, health and safety, and medical records.
p.(None):
p.(None): Article 27
p.(None): In case of serious disasters, medical care institutions shall obey the orders and directions of the competent authority in providing
p.(None): medical care services and assisting in public health, which shall not be avoided, obstructed, or refused.
p.(None): The competent authority shall provide compensation after consideration for the fees or costs incurred by medical care institutions
p.(None): which provide services or assistance according to the preceding paragraph.
p.(None):
p.(None): Article 28
p.(None): The central competent authority shall conduct accreditation of hospitals. The municipal or county(city)competent authority shall
p.(None): conduct periodical assessment of medical care institutions within the respective jurisdiction.
p.(None):
p.(None): Article 29
p.(None): Public hospitals may invite local social personages to establish an management advisory committee, for the purpose of providing
p.(None): suggestions to improve regional medical care services.
p.(None): Public hospitals shall allot at least ten percent of the annual medical income after expenses to conduct research and development,
p.(None): professional training, health education, medical relief, community medical care services, and other community services.
p.(None):
p.(None): Chapter III Medical Juridical Persons in Medical Care
p.(None):
p.(None): Section I General Provisions
p.(None):
p.(None): Article 30
p.(None): The establishment, organization, and management of medical care corporate shall be conducted in accordance with the provisions
p.(None): under the Act. Any matter not provided for in the Act shall be governed by the Civil Code.
p.(None): Medical care corporations shall be established in accordance with the provisions under the Act. The organization, management, rights
p.(None): and obligations of the directors, bankruptcy, dissolution, and liquidation of medical corporations not provided for in the Act shall be
p.(None): governed by the Civil Code.
p.(None):
p.(None): Article 31
p.(None): Juridical persons in medical care may establish hospitals, clinics, and other medical care institutions. The number and scale of said
p.(None): establishments may be restricted as necessary.
p.(None): The restrictions of number and scale of establishments as referred to in the preceding paragraph shall be determined by the central
p.(None): competent authority.
p.(None): Juridical persons in medical care may establish the following subsidiary institutions with the approval of the central competent
p.(None): authority and the competent authority governing the related practice:
p.(None): 1. Nursing institutions, psychiatric rehabilitation institutions;
p.(None): 2. Medical research institutions;
p.(None): 3. Welfare institutions stipulated in accordance with the Law Governing Benefits for Senior Citizens and other welfare related laws.
p.(None): The establishment criteria, procedure, and other observances of subsidiary institutions referred to in the preceding Paragraph shall be
p.(None): conducted in accordance with the provisions in related laws.
p.(None):
p.(None): Article 32
p.(None): Juridical persons in medical care shall have the necessary as sets to achieve the purpose of establishment.
p.(None): The necessary assets referred to in the preceding Paragraph shall be determined by the central competent authority in accordance
p.(None): with the scope of establishment and conditions for operations.
p.(None): Article 33
p.(None): A juridical person in medical care shall establish a board of directors with one chairperson, who shall represent said juridical person.
p.(None): A juridical person in medical care shall establish bylaws governing the organization and powers of the board of directors and
p.(None): supervisor, the qualification, selection and dismissal procedure for directors, chairperson, and supervisors, meeting and resolutions
p.(None): procedure, and other observances, which shall be submitted for approval to the central competent authority.
p.(None):
p.(None): Article 34
p.(None): Juridical persons in medical care shall establish an accounting system, adopting a fiscal year system and accrual system. The legal
p.(None): certificates of financial income and expenses shall conform to publicly-acknowledged accounting standards, and shall be kept on
p.(None): record.
p.(None): Juridical persons in medical care should submit the annual financial report approved and recognized by the board of directors and
p.(None): supervisors to the central competent authority within five months after the end of the fiscal year.
p.(None): The principles regarding the compilation of the financial report referred to in the preceding paragraph shall be determined by the
p.(None): central competent authority.
p.(None): In addition to compliance with provisions stated above, accounting systems of juridical persons in medical care shall be conducted in
p.(None): accordance with related provisions of the Company Law.
p.(None): The competent authority may order juridical persons in medical care to submit financial and operations reports, or inspect financial or
p.(None): operation situations at any time.
p.(None): Juridical persons in medical care shall not avoid, obstruct, or refuse the order or inspection referred to in the preceding paragraph.
p.(None):
p.(None): Article 35
p.(None): Juridical persons in medical care shall not be unlimited liability shareholders of a company or a partner of a partnership enterprise. In
p.(None): the case that a juridical person in medical care is a limited liability shareholder of a company, the total investment and investment in a
p.(None): single company or the ratio of investment may not exceed a certain restriction.
p.(None): The restrictions of investment referred to in the preceding Paragraph shall be determined by the central competent authority.
p.(None): Surplus shares given to juridical persons in medical care by the invested company shall not be taken account into the total investment
p.(None): or investment amount referred to in the preceding Paragraph.
p.(None):
p.(None): Article 36
p.(None): The assets of juridical persons in medical care shall be registered or saved in the name of juridical person, and the use of which shall
p.(None): be supervised by the central competent authority.
p.(None): Juridical persons shall not loan, rent out, create a right in rent over, change to the use of its real estate, or create a right in rent over
p.(None): its facilities, without authorization from the central competent authority.
p.(None):
p.(None): Article 37
p.(None): Juridical persons in medical care shall not be guarantors. The capital of juridical persons in medical care shall not be loaned to
p.(None): directors, members, other persons, or non-financial institutions. The assets of juridical persons in medical care shall not be guarantee
p.(None): for directors, members, or other persons.
p.(None):
p.(None): Article 38
p.(None): Personal contributions or contributions by organizations to medical care corporate shall be tax-deductible in accordance with related
p.(None): tax laws.
p.(None): The deduction or exemption of income tax, land tax, or house tax for medical care corporate shall be conducted in accordance with
p.(None): the provisions of tax related laws.
p.(None): Private medical care institutions established prior to the implementation of the amendment of the Act, which change to juridical
p.(None): person in medical care within three Years of implementation, and transfer original medical lands to juridical person in medical care for
p.(None): continued use without cost, shall be exempt from added value land tax. However, in the case the land is transferred again to a third
p.(None): party, added value land tax shall be collected according to the total added value from the original land value of previous or current
p.(None): transfer.
p.(None):
p.(None): Article 39
p.(None): Juridical persons in medical care may merge with other similar juridical persons in medical care under the approval of the central
p.(None): competent authority.
p.(None): Juridical persons in medical care shall produce a financial statement and balance sheet, and notify obliges within two weeks of
p.(None): merging with the approval of the central competent authority. The provisions of Paragraph 2 of Article 73 and Paragraph 1of Article 74
p.(None): of the Company Law shall apply mutatis mutandis.
p.(None): The rights and obligations of juridical persons in medical care eliminated due to mergers shall be accepted in its entirety by the
p.(None): remaining or new medical juridical person.
p.(None):
p.(None): Article 40
p.(None): Non-medical care juridical persons may not use the names of, or similar to, medical juridical persons in medical care.
p.(None):
p.(None): Article 41
p.(None): The competent authority may reform, give a deadline to make improvements, cease all or part of clinical or hospital practices, order
p.(None): the suspension of practice, or revoke the license of juridical persons in medical care which are ill-conducted, or in violation of laws or
p.(None): original establishment criteria, in accordance with the seriousness of the situation.
p.(None): In the case that juridical persons in medical care fail to conform to the provisions of Paragraph 2 of Article 32 due to decrease of
p.(None): assets, suspension or alteration of the established institution, or revocation of license, the central competent authority shall give a
p.(None): deadline to make improvements. Those who fail to comply shall be subject to revocation of license.
p.(None): The central competent authority may annul the permit license of juridical persons in medical care which fall under the following
p.(None): conditions:
p.(None): 1. Those that have been approved for termination of practice, and fail to apply for resumption of practice within the given time limit.
p.(None): 2. Those that have been ordered to terminate all or part of clinical or hospitalization practices, and do not comply.
p.(None): 3. Those that have been ordered to terminate practice and do not comply, or fail to make improvements within the given time limit.
p.(None): 4. Those imposed with revocation of practice license.
p.(None):
p.(None): Section II Medical Care Corporate
p.(None):
p.(None): Article 42
p.(None): Medical care corporate shall submit endowment charter, establishment plan, and related documents for approval by the central
p.(None): competent authority for establishment. After approval for the medical care corporate referred to in the preceding Paragraph, the
p.(None): founder or executor of will shall appoint directors and establish a board of directors within 30 days.
p.(None): The founder or executor of the will shall submit the list of directors for authorization from the central competent authority within 30
p.(None): days of establishment of the board of directors, which shall be submitted to the respective court for registration of juridical person
p.(None): within 30 days of authorization.
p.(None): The founder or executor of the will shall transfer the endowment to the juridical person within three months of the date of registration
p.(None): completion for the medical care corporate, and shall notify the competent authority.
p.(None): The founder or executor of the will shall be given a time limit within which to transfer the endowment to the juridical person; those
p.(None): who fail to comply shall be subject to revocation of license by the central competent authority.
p.(None):
p.(None): Article 43
p.(None): There shall be nine to fifteen directors for a medical foundation.
p.(None): The requirements for the composition of directors are as follows:
p.(None): 1. No less than one-third of the directors shall be qualified medical personnel, and there shall be at least one physician.
p.(None): 2. No more than one-third of the directors shall be foreigners.
p.(None): 3. No more than one-third of the directors shall be spouses or relatives within the third degree of kinship of other directors.
p.(None): The term of office for a director shall not exceed four years, but may be renewed through re-election. However, no more than two-
p.(None): thirds of the directors shall have their term of office renewed for each re-election.
p.(None): In the event where a medical foundation stipulated in the articles of association a term of office of directors more than the period of
p.(None): time specified in the preceding paragraph prior to the enforcement of the provisions amended on November 26, 2013, its directors
p.(None): may continue to hold office till expiration of the current term of office. This rule also applies to succeeding directors who are elected to
p.(None): fill a vacancy.
p.(None): Directors shall personally attend board of directors meetings, and shall not authorize an agent to represent him/her.
p.(None):
p.(None): Article 44
p.(None): Changes to the endowment charter of medical care corporate shall be made with the approval of the central competent authority.
p.(None): In the case that there are any changes made in chairman, directors, assets, or any other registered particulars, the medical care
p.(None): corporate shall apply for approval in accordance with provisions by the central competent authority.
p.(None): The changes referred to in the preceding two Paragraphs shall be registered at court within 30 days of approval by the central
p.(None): competent authority.
p.(None):
p.(None): Article 45
p.(None): In the case that a medical care corporate director is not elected or replaced after the previous one has fulfilled his/her term, which
p.(None): results in clear damage to the organization of the board of directors, the central competent authority shall appoint a replacement
p.(None): director according to the petition of other directors or interested parties.
p.(None): The regulations regarding appointment shall be determined by the central competent authority.
p.(None): In the case that a medical care corporate director is in violation of the law or bylaws, resulting in harm done to the juridical person, is
p.(None): harmful to the interests of the established institution, and causes an inability to operate normally, the central competent authority may
p.(None): order said director to temporarily cease from his/her duties or dismiss him/her according to the petition of other directors or interested
p.(None): parties.
p.(None): The temporary cessation from duties referred to in the preceding Paragraph shall not exceed six months. In the case that the
p.(None): cessation from duties results in clear damage to the organization of the board of directors, the central competent authority shall
p.(None): appoint a temporary director in replacement. The appointment of the temporary director shall be exempt from registration, and shall
p.(None): be appointed in accordance with provisions provided for in the first Paragraph.
p.(None):
p.(None): Article 45-1
p.(None): Any person with any of the following conditions must not serve as a director or supervisor:
p.(None): 1. The person has violated Articles 121 to 123 and Article 131 of the Criminal Code or Articles 4 to 6-1 or Article 11 of the Anti-
p.(None): Corruption Act and has been convicted of the offense or issued a wanted circular for an unclosed case. However, this rule does not
p.(None): apply to the cases where probation is pronounced or the punishment has been commuted to a fine and the fine has been paid in full.
p.(None): 2. The person has been charged with misappropriation, fraud, or breach of trust and has been convicted of the aforesaid offenses or
p.(None): issued a wanted circular for an unclosed case. However, this rule does not apply to the cases where probation is pronounced or the
p.(None): punishment has been commuted to a fine and the fine has been paid in full.
p.(None): 3. The person is faced with the pronouncement of custodial protection or aid that has not been revoked yet.
p.(None): 4. The person has been appraised by physicians to be suffering from mental illness or any other physical or mental impairment that
p.(None): prevents him/her from engaging in professional practice.
p.(None): 5. The person had assumed the post of chairman of the board, director or supervisor and was dismissed pursuant to Paragraph 2 of
p.(None): the preceding article or Subparagraph 3, Paragraph 1 of Article 45-2.
...
p.(None):
p.(None): Article 45-2
p.(None): The chairman of the board, a director or a supervisor shall be dismissed if any of the following circumstances occurs during his/her
p.(None): term of office:
p.(None): 1. Having a letter of resignation presented to a board of directors meeting and included in the meeting’s minutes.
p.(None): 2. Meeting one of the conditions as set forth in the preceding article.
p.(None): 3. Having abused the power gained from his/her position or status to commit crimes and been convicted.
p.(None): 4. The chairman of the board convening no board of directors meetings within one year without reason.
p.(None): In the event where the chairman of the board, a director or a supervisor abused the power gained from his/her position or status to
p.(None): commit crimes and a prosecutor files a public prosecution, his/her duties shall be suspended.
p.(None): The chairman of the board, a director or a supervisor who represents a government agency or was recommended by other
p.(None): corporations or organizations shall hold or be removed from office when his/her original position changes. Recommended successors
p.(None): shall be elected and engaged by the board of directors, and their term of office expires on the day when the original term of office
p.(None): expires.
p.(None):
p.(None): Article 46
p.(None): Medical care corporate shall allot at least ten percent of the annual medical care income to conduct related research and
p.(None): development, professional training, and health education. Medical care corporate shall allot at least ten percent of the annual medical
p.(None): care income to conduct medical relief, community medical care services, and other community services. Those without standing
p.(None): achievements shall be rewarded by the central competent authority.
p.(None):
p.(None): Section III Medical Care Corporations
p.(None): Article 47
p.(None): Medical care corporations shall submit organization bylaws, establishment plan, and related documents for approval by the central
p.(None): competent authority for establishment.
p.(None): After approval from the central competent authority referred to in the preceding Paragraph, said medical care corporation shall
p.(None): establish aboard of directors in accordance with its bylaws within 30 days. Within 30 days of establishment of board of directors, the
p.(None): medical care corporation shall report to the central competent authority for registration and issuance of juridical person registration
p.(None): license.
p.(None):
p.(None): Article 48
p.(None): When a medical corporation is established, the following entries shall be registered:
p.(None): 1. Purpose and name of juridical person;
p.(None): 2. The principal and branch of ices;
p.(None): 3. Name and domicile of directors, chairperson, and supervisors;
p.(None): 4. Classification and number of assets;
p.(None): 5. Location, classification, and scope of established institution;
p.(None): 6. Total number of assets and contributions from each member;
p.(None): 7. Year, month, and date of permit license.
p.(None):
p.(None): Article 49
p.(None): The juridical person may not be a member of the medical care corporation.
p.(None): All members of medical care corporations have aright to vote, regardless of the amount of contribution. However, the right to vote
p.(None): shall be distributed in proportion to the contribution in accordance with the bylaws of said medical care corporation.
p.(None): The bylaws of medical care corporations shall clearly state that members shall retain rights to the assets of the juridical person in
p.(None): relation to their contributions, which may be transferred, in part or in whole, to third persons.
p.(None): In the case that members who jointly serve as directors or supervisors transfer their rights to third persons in the situation referred to
p.(None): in the preceding Paragraph, said persons shall notify the central competent authority. Those who transfer all of their rights to the
p.(None): assets shall be dismissed from their duties automatically.
p.(None):
p.(None): Article 50
p.(None): The directors of medical care corporations shall be limited to three to nine persons, in which no less than two-thirds shall be
p.(None): physicians or other medical personnel.
p.(None): No more than one-third of the total number of directors shall be foreigners. Furthermore, foreigners shall not be the chairperson.
p.(None): Medical care corporations shall establish supervisors, the number of which shall not exceed one-third of the number of directors.
p.(None): Supervisors shall not serve concurrently as a director or employee.
p.(None): Directors shall personally attend the board of directors meeting, and shall not authorize an agent to represent him/her.
p.(None):
p.(None): Article 51
p.(None): The alteration of the bylaw of a medical care corporation shall be reported to the central competent authority for approval.
p.(None): In the case that there is a change in chairperson, directors, or alteration in assets or other registered particulars, the medical care
p.(None): corporation shall register the alteration in accordance with regulations by the central competent authority.
p.(None): In the case of dissolution, the medical care corporation shall register the dissolution.
p.(None):
p.(None): Article 52
p.(None): In the case that a medical care corporation director is not elected or replaced after the previous one has fulfilled his/her term, which
p.(None): results in clear damage to the organization of the board of directors, the central competent authority shall order an immediate general
p.(None): meeting for the appointment of a replacement director according to the petition of other directors or interested parties. In the case that
p.(None): the general meeting cannot be called, the replacement director shall be appointed by the central competent authority. Regulations
p.(None): regarding appointment shall be determined by the central competent authority.
p.(None): In the case that a medical care corporation director is in violation of the law or bylaws, resulting in harm done to the juridical person,
p.(None): is harmful to the interests of the established institution, and causes an inability to operate normally, the central competent authority
p.(None): may dismiss said director according to the petition of other directors or interested parties.
p.(None): In the case that the resolution of board of directors of a medical care corporation is in violation of the law or bylaws, resulting in harm
p.(None): done to the juridical person, is harmful to the interests of the established institution, or causes an inability to operate normally, the
p.(None): central competent authority shall dismiss the board of directors and call for a general meeting in which to appoint new directors.
p.(None):
p.(None): Article 53
p.(None): Medical care corporations shall allot at least ten percent of the income to conduct research and development, professional training,
p.(None): and health education, medical relief, community medical care services, and other community services. Medical care corporations
p.(None): shall allot at least twenty percent of the income as the operation fund.
p.(None):
p.(None): Article 54
p.(None): Medical care corporations shall be dissolved under any of the following circumstances:
p.(None): 1. Occurrences calling for dissolution under the bylaw;
p.(None): 2. In the case that the established purpose can not be fulfilled;
p.(None): 3. Consolidation with other juridical persons in medical care;
p.(None): 4. Bankruptcy;
p.(None): 5. Revocation of license or order for dissolution by the central competent authority;
p.(None): 6. General resolution;
p.(None): 7. Lack of members.
p.(None): Dissolution in accordance with Subparagraph1of the preceding Paragraph shall be reported to the central competent authority.
p.(None): Dissolution in accordance with Subparagraphs2 through7ofthe preceding Paragraph shall meet with the approval of the central
p.(None): competent authority.
p.(None):
p.(None): Article 55
p.(None): The remaining assets shall be dispersed in accordance with provisions under the organization bylaw after the dissolution of the
p.(None): medical corporation, with exception of consolidations and bankruptcies.
p.(None):
p.(None): Chapter IV Medical Practices
p.(None):
p.(None): Article 56
p.(None): Medical care institutions shall have appropriate locations for medical care and safety facilities in accordance with the nature of the
p.(None): services provided.
p.(None): Medical care institutions shall ensure comprehensive provision of aseptic needles on progressive percentages within five years,
p.(None): starting from 2012, for their medical personnel who are working on care and treatment that require direct contact with a patient’s body
p.(None): fluids or blood.
p.(None):
p.(None): Article 57
p.(None): Medical care institutions shall supervise their medical personnel to conduct practices in accordance with the related provisions of
p.(None): each professional medical practice law.
p.(None): Medical care institutions shall not employ or keep someone without proper medical personnel qualification for execution of duties that
p.(None): should be carried out solely by specialized medical personnel.
p.(None):
p.(None): Article 58
p.(None): Medical care institutions shall not establish clinical assistants to conduct medical practices.
p.(None):
p.(None): Article 59
p.(None): Hospitals shall appoint an appropriate number of physicians in accordance with the scope and practical needs of the hospital, to treat
p.(None): hospitalized and emergency patients during non-clinic hours.
p.(None):
p.(None): Article 60
p.(None): Hospitals and clinics shall first provide emergency patients with proper emergency treatment and offer remedies or undertake
p.(None): necessary measures within the capability of their personnel and facilities, and shall not delay without cause.
p.(None): In the case that the emergency patients referred to in the preceding paragraph are low- or middle-income patients or were found to
p.(None): have collapsed on streets, and they or their supporters are unable to afford the medical costs, the social administrative competent
p.(None): authority at the municipal or county (city) level shall provide subsidies in accordance with the law.
p.(None):
p.(None): Article 61
p.(None): Medical care institutions shall not solicit patients through improper manners proclaimed and prohibited by the central competent
p.(None): authority.
p.(None): Medical care institutions and its staff shall not take advantage of opportunities resulting from medical practice to gain improper
p.(None): interests.
p.(None):
p.(None): Article 62
p.(None): Hospitals shall establish medical care treatment quality control systems, and review and assess the quality.
p.(None): For the purpose of improving medical care service quality, the central competent authority shall establish regulations regarding the
p.(None): applicable symptoms, qualification of technical personnel, conditions, and other observances for medical technology, examination,
p.(None): laboratory testing, medical devices.
p.(None):
p.(None): Article 63
p.(None): Medical care institutions shall explain the reasons for surgical operation, success rate, possible side-effects and risks to the patient or
p.(None): his/her legal agent, spouse, kin, or interested party, and must obtain his/her consent and signature on letter of consent for surgery and
p.(None): anesthesia before commencing with surgical procedure. However, in case of emergency, the provisions above shall not apply.
p.(None): The legal agent, spouse, kin, or interested party may sign the letter of consent referred to in the preceding Paragraph in the case that
p.(None): the patient is a minor or unable to affix the signature personally.
p.(None): The format of the letter of consent for surgery and anesthesia referred to in the first Paragraph shall be determined by the central
p.(None): competent authority.
p.(None):
p.(None): Article 64
p.(None): Medical care institutions shall explain the invasive examination or treatment regulated by the central competent authority to the
p.(None): patient or his/her legal agent, spouse, kin, or interested party, and must obtain his/her consent and signature on the letter of consent
p.(None): before commencing with the procedure. However, in case of emergency, the provisions above shall not apply.
p.(None): The legal agent, spouse, kin, or interested party may sign the letter of consent referred to in the preceding Paragraph in the case that
p.(None): the patient is a minor or unable to affix the signature personally.
p.(None):
p.(None): Article 65
p.(None): The tissue specimens collected or organs taken in operations by the medical care institutions shall be sent in pathological
p.(None): examinations, and shall notify the patient or his/her legal agent, spouse, kin, or interested party of the examination result.
p.(None): Medical care institutions shall analyze, review, and assess the clinical or pathological examination result of the tissue specimens or
p.(None): organs from operations mentioned in the preceding Paragraph.
p.(None):
p.(None): Article 66
p.(None): When dispensing medicaments to the patients, a hospital or clinic shall clearly indicate the patient’s name and sex, the name,
p.(None): dosage, quantity, method of administration, actions or indications, warnings or side effects of the medicament, the name and location
p.(None): of the medical institution, the name of dispenser and the date of dispensation on the container or package.
p.(None):
p.(None): Article 67
p.(None): Medical care institutions shall establish clear, accurate, and complete medical records.
p.(None): The medical records referred to in the preceding Paragraph shall include the following information:
p.(None): 1. Medical records produced by the physician in accordance with the Physicians Act;
p.(None): 2. Each examination and inspection report;
p.(None): 3. Other records made by medical personnel during practice.
p.(None): Hospitals shall make an index and statistical analysis of medical records for the purpose of research and reference.
p.(None):
p.(None): Article 68
p.(None): Medical care institutions shall instruct its medical personnel to personally make documentation of medical record, affix signature or
p.(None): seal, and add the year, month and date of inspection when conducting medical practices.
p.(None): In the case that the medical records referred to in the preceding Paragraph is revised or amended, the signature or sign and date
p.(None): shall be affixed to the revised or amended portions. Amended records shall be drawn out with a line, and not deleted.
p.(None): The physician‘s orders shall be clearly stated in the medical record or in written form. However, in case of emergency, the physician‘s
p.(None): orders may be given orally, and documented within 24hours.
p.(None):
p.(None): Article 69
p.(None): Medical care institutions which document and store medical records by means of electronic record shall be exempt from producing
p.(None): another written copy. The regulations regarding the criteria, production method, content, and other observances for electronic medical
p.(None): records shall be determined by the central competent authority.
p.(None):
p.(None): Article 70
p.(None): Medical care institutions shall designate appropriate location and appoint personnel for the storage of medical records, which shall be
p.(None): retained for at least seven years. However, medical records of minors shall be retained for at least seven years after their coming of
p.(None): age, and medical records for human trials shall be retained indefinitely.
p.(None): Medical care institutions which cease practice due to certain reasons shall transfer the medical records to the successor for retentions
p.(None): in accordance with the law. In the absence of a successor, the patients or their agents may ask the medical care institution to turn
p.(None): over their medical records, while the rest of the records shall be retained for at least another six months before destruction.
p.(None): Where a medical care institution becomes unable to keep the medical records with justified reasons, the local competent authority will
p.(None): keep those records.
p.(None): Medical care institutions shall ensure that the destruction method of medical records which exceed retention period will not disclose
p.(None): the contents of the medical records.
p.(None):
p.(None): Article 71
p.(None): Medical care institutions shall provide a copy of the patient‘s medical records or Chinese summary of medical records when
p.(None): necessary in accordance with the patient‘s requests, and shall not delay or refuse without cause. The fee for the copy of medical
p.(None): records shall be paid by the patient.
p.(None):
p.(None): Article 72
p.(None): Medical care institutions and their staff shall not disclose without cause any information regarding patient’s illnesses or health, which
p.(None): are acquired by virtue of practice.
p.(None):
p.(None): Article 73
p.(None): Hospitals or clinics which are unable to ascertain the patient‘s illness or provide full treatment due to restrictions of personnel,
p.(None): facilities, or expertise, shall suggest the patient to transfer to another medical care institution. However, hospitals or clinics shall
p.(None): provide emergency medical care in accordance with Paragraph1of Article 60 in the case of emergency patients before transfer to
p.(None): another medical care institution.
p.(None): A summary for transfer medical record shall be filled out and provided to the patient in the case of transfer referred to in the
p.(None): preceding Paragraph, which shall not be delayed or refused without cause.
p.(None):
p.(None): Article 74
p.(None): When treating a patient, the hospital or clinic may contact any previous hospitals or clinics where the patient was treated for copies of
...
p.(None): patient or his/her legal agent, spouse, kin, or interested party. The previous hospital or clinic shall not refuse to provide said
p.(None): information. The cost shall be paid by the patient.
p.(None):
p.(None): Article 75
p.(None): Hospitals shall provide appropriate medical care facilities and personnel to provide continuing care for discharged patients per their
p.(None): requests.
p.(None): Hospitals shall obtain a signed discharge form from the patient or his/her legal agent, spouse, kin, or related party in the case that the
p.(None): patient demands to be discharged prior to completion of his/her treatment.
p.(None): Patients shall immediately process the discharge or transfer upon notification of discharge by diagnosis or physician order.
p.(None):
p.(None): Article 76
p.(None): Hospitals and clinics shall not refuse to provide the patient with birth certificate, certificate of diagnosis, death certificate, or stillbirth
p.(None): certificate without cause as stipulated in the laws or regulations. When issuing the various certificates, caution shall be exerted as
p.(None): much as possible, especially when related to the cause of death.
p.(None): If the certificate of diagnosis mentioned in the preceding paragraph is issued for the patient’s insurance claim, it shall be written in
p.(None): Chinese. In the event that the name of disease indicated is different from the one that appears in the insurance policy, a remark shall
p.(None): be made.
p.(None): Hospitals and clinics shall report cases of death not caused by illness, or suspected not to be caused by illness, to the procuratorial
p.(None): authority for investigation in accordance with the law.
p.(None):
p.(None): Article 77
p.(None): Medical care institutions shall accept entrustment by the government in medical care service related affairs, such as assisting in
p.(None): conducting public health, continuing education, on-the-job training, disaster relief, emergency relief, community welfare, and civil
p.(None): defense.
p.(None):
p.(None): Article 78
p.(None): For the purpose of improving the level of medical care or prevention of disease in the country, teaching hospitals may conduct human
p.(None): research after formulating a plan and obtaining approval from the central competent authority, or upon entrustment of the central
p.(None): competent authority. Notwithstanding the foregoing, the approval of the central competent authority is not required for human
p.(None): research with aim of evaluating the bioavailability and bioequivalence of generic drugs.
p.(None): Non-teaching hospitals may not conduct human research. However, the preceding paragraph may apply mutatis mutandis to medical
p.(None): care institutions with specific expertise and having obtained the approval of the central competent authority.
p.(None): The plan for human research by a medical care institution shall be first reviewed and approved jointly by a board consisting of medical
p.(None): technologists, legal experts and impartial citizens or representatives of civil groups; people of either gender shall constitute no less
p.(None): than one third of the board. Members of the review board shall abide by the principle of recusal due to conflicts of interest.
p.(None): Subsequent changes of the human research plan shall be implemented only after being examined and verified or approved according
p.(None): to the preceding three provisions.
p.(None):
p.(None): Article 79
p.(None): When conducting human research, medical care institutions shall pay necessary attention to medical procedures, and first obtain a
p.(None): written consent from the research subjects. The subjects of human research must be adults with disposing capacity. The preceding
p.(None): provision however does not apply to human research that is apparently beneficial to the health of specific population or patients with
p.(None): a special disease.
p.(None): Where a research subject in the proviso of the preceding paragraph is a person with limited disposing capacity, the consents of both
p.(None): the subject and his/her legal representative are required; where the research subject is a person with no disposing capacity, the
p.(None): consent of his/her legal representative is required.
...
p.(None): 1. Purpose and method of research;
p.(None): 2. Possible risks and side effects;
p.(None): 3. Expected results;
p.(None): 4. Explanation of other possible treatment methods;
p.(None): 5. Subject’s right to withdrawal of consent at any time;
p.(None): 6. Research-related compensation for damages or insurance coverage;
p.(None): 7. Confidentiality of the subject’s personal information; and
p.(None): 8. The preservation and reutilization of the subject’s biological samples, personal data or derivatives thereof.
p.(None): With respect to informing the subjects and obtaining written consent mentioned in the preceding paragraph, the medical care
p.(None): institution shall give the research subjects ample time to consider and shall not use coercion or other improper methods.
p.(None): When a doctor carries out human research in accordance with the preceding four provisions, causing death or injury of a patient
p.(None): because of unforeseeable factors in the research, the provisions concerning intentional or negligent offence as set down in Article 13
p.(None): or 14 of the Criminal Code shall not apply.
p.(None):
p.(None): Article 79-1
p.(None): Unless it is otherwise provided by the Act, the application procedure, review criteria and the principle of withdrawal in case of conflict
p.(None): of interest, disclosure of information, supervision and administration, examination, and other information to be disclosed relating to a
p.(None): human trial mentioned in the preceding two articles shall be set forth by the central competent authority.
p.(None):
p.(None): Article 79-2
p.(None): Medical care institutions shall continue to provide standard care to patients who decline to participate in the trial or who later withdraw
p.(None): their consent without impairing their legitimate right to medical care.
p.(None):
p.(None): Article 80
p.(None): Medical care institutions shall submit trial report in accordance with notification by the central competent authority during human trial
p.(None): period. If the central competent authority feels there is concern for safety, the medical care institutions shall cease trial immediately.
p.(None): Medical care institutions shall submit trial report to the central competent authority at the completion of the human trial.
p.(None): Article 81
p.(None): When treating the patient, the medical care institution shall inform the patient or his/her legal agent, spouse, kin, or interested party of
p.(None): his/her condition, course of treatment, disposition, medication, expected condition, and possible ill effects.
p.(None):
p.(None): Article 82
p.(None): Those conducting medical practices shall exercise due care in carrying out a medical procedure.
p.(None): Only in the event that medical personnel cause harm to patients in conducting medical practices intentionally or breach of medical
p.(None): due care, which goes beyond reasonable exercise of professional clinical discretion, the medical personnel shall be bound to
p.(None): compensate for such harm.
p.(None): Only in the event that medical personnel negligently cause injury or death to patients in conducting medical practices due to a breach
p.(None): of medical due care, which goes beyond the reasonable exercise of professional clinical discretion, the medical personnel shall
p.(None): assume criminal responsibility.
p.(None): The extent of the breach of the duty of due care and professional clinical discretion, as set forth in the preceding two paragraphs,
p.(None): shall be determined based on objective conditions such as the customary medical practice, medical level, medical facilities, working
p.(None): conditions, and level of emergency or urgency in the locality at the time of practice in the medical field concerned.
p.(None): Medical care institutions shall be liable for compensation only for such harm that causes to patients in the course of medical
p.(None): practices, whether deliberately or negligently.
p.(None):
p.(None): Article 83
p.(None): The Judicial Yuan shall appoint courts to establish professional medical courts, in which a judge with related professional medical
p.(None): knowledge and trial experience shall handle medical disputes and litigation.
p.(None):
p.(None): Chapter V Advertisements for Medical Care
p.(None):
p.(None): Article 84
p.(None): Non-medical care institutions shall not make advertisements for medical care.
p.(None):
p.(None): Article 85
p.(None): The content of advertisements for medical care shall be restricted to the following:
p.(None): 1. The name, practice license number, address, and telephone number of, and directions to, the medical care institution;
p.(None): 2. The name, sex, academic background, professional experience, and physician or specialist physician certificate number of the
p.(None): physician;
p.(None): 3. Hospitals or clinics contracted or associated with the National Health Insurance or other non-commercial insurances;
p.(None): 4. Clinic practices and clinic hours;
p.(None): 5. The year, month, and date of the opening, suspension, close, resumption, or relocation of practice;
p.(None): 6. Other items approved and announced by the central competent authority for publication or broadcast.
p.(None): Advertisements for medical care may orally present the content referred to in the preceding Paragraph through broadcast or
p.(None): television media with the approval of the respective municipal or county(city) competent authority.
p.(None): Information provided by medical care institutions through the internet shall not be restricted by content limitations provided for in the
p.(None): preceding Paragraph, with exception to the conditions provided for in Paragraph 2 of Article 103. The regulations regarding
p.(None): management of advertisements for medical care on the internet shall be determined by the central competent authority.
p.(None):
p.(None): Article 86
p.(None): Advertisements for medical care shall not be made in any of the following manners:
p.(None): 1. To publicize by making use of the name of other person(s);
p.(None): 2. To publicize by sale or gift of medical publications;
p.(None): 3. To publicize by making known family trade secrets or by public question and response;
p.(None): 4. To publicize by making use of content contained in medical publications;
p.(None): 5. To publicize by means of releasing an interview or news report;
p.(None): 6. To publicize in association or side-by-side with advertisements in violation of the preceding Paragraph;
p.(None): 7. To publicize by any other improper means.
p.(None):
p.(None): Article 87
p.(None): Advertisements containing content which implies or suggests medical practices shall be regarded as advertisements for medical care.
p.(None): Publications of new medical knowledge or research results, health education for patients, or academic publications which do not
p.(None): involve solicitation for medical practices shall not be regarded as advertisements for medical care.
p.(None):
p.(None): Chapter VI Distribution of Medical Manpower and Facilities
p.(None):
p.(None): Article 88
p.(None): For the purposes of promoting the balanced development of medical care resources, overall planning of existing public and private
p.(None): medical care institutions, and the reasonable distribution of manpower, the central competent authority shall divide medical regions,
p.(None): establish medical level system, and create a plan for medical care network.
p.(None): The competent authority may provide incentives for the establishment of non-governmental medical care institutions and nursing
p.(None): homes in areas lacking medical care resources in accordance with the plan for medical care network referred to in the preceding
p.(None): Paragraph. When necessary, the government shall establish said medical care institutions.
p.(None):
p.(None): Article 89
p.(None): The division of medical regions shall take into account the medical care resources and distribution of population within the region,
p.(None): and may exceed the boundaries of municipalities or counties (cities).
p.(None):
p.(None): Article 90
p.(None): The municipal or county (city) competent authority shall examine the establishment or expansion of medical care institutions within
p.(None): the respective jurisdictions in accordance with the plan for medical care network established by the central competent authority.
p.(None): However, the establishment or expansion of large-scale hospitals of a certain scope shall be reported to the central competent
p.(None): authority for approval.
p.(None): The competent authority shall restrict the establishment or expansion of medical care or nursing institutions in areas with surplus of
p.(None): medical facilities.
p.(None):
p.(None): Article 91
p.(None): For the purposes of promoting the development of the medical industry, improving the quality and efficiency of medical care, and
p.(None): balancing the distribution of medical care resources, the central competent authority shall adopt incentive measures.
p.(None): The regulations regarding the items, methods, and other coordinative measures of the incentive measures referred to in the
p.(None): preceding Paragraph shall be determined by the central competent authority.
p.(None):
p.(None): Article 92
p.(None): The central competent authority shall establish a medical development fund for the purpose of providing the incentives referred to in
p.(None): the preceding Article. The regulations regarding the revenues and expenditures, safekeeping, and use of the fund shall be determined
p.(None): by the Executive Yuan.
p.(None):
p.(None): Article 93
p.(None): When necessary, the central competent authority may review and assess the dangerous medical instruments that are to be
p.(None): purchased and used by medical care institutions.
p.(None): Corporate or foundations for public interests purpose, within the scopes of purposes of their constitutions, in order to promote
p.(None): research and development plans to upgrade medical care techniques, and their capital investments exceed a certain level, may, upon
p.(None): permission of the central competent authority, in accordance with regulations of Article 30 and Article 31, establish corporate medical
p.(None): care institutions and purchase and use dangerous medical care instruments.
p.(None): Regulations governing the review and assessment of the dangerous medical instruments referred to in Paragraph 1 shall be
p.(None): determined by the central competent authority.
p.(None):
p.(None): Chapter VII Teaching Hospitals
p.(None):
p.(None): Article 94
p.(None): For the purpose of improving medical standards, hospitals may apply for accreditation to become teaching hospitals.
p.(None):
p.(None): Article 95
p.(None): The accreditation of teaching hospitals shall be regularly conducted by the central competent authority in conjunction with the central
p.(None): competent education authority.
p.(None): The central competent authority shall notify in writing the teaching hospital which applied for accreditation of the accreditation result,
p.(None): and shall release a bulletin of the list of qualified teaching hospitals, terms of validity, and other particulars.
p.(None): Article 96
p.(None): Teaching hospitals shall draft a training plan, to conduct the training and continuing education of physicians and other medical
p.(None): personnel, and shall accept students of medical universities and colleges for practical clinical training and internship.
p.(None): The number of physicians, medical personnel, and students of medical universities and colleges referred to in the preceding
p.(None): Paragraph shall be in accordance with the approved training capacity.
p.(None):
p.(None): Article 97
p.(None): Teaching hospitals shall prepare an annual budget for research and development and professional training, which shall account for at
p.(None): least three percent (3%) of the total annual medical revenue of said teaching hospital..
p.(None):
p.(None): Chapter VIII Medical Review Committee
p.(None):
p.(None): Article 98
p.(None): The central competent authority shall establish a medical review committee, which shall set up different working groups in
p.(None): accordance with the different missions, which are as follows:
p.(None): 1. Improvement of the medical care system;
p.(None): 2. Review of medical technologies;
p.(None): 3. Review of human trials;
p.(None): 4. Assessment commissioned by the judiciary or procuratorial authority;
p.(None): 5. Improvement of the specialist system;
p.(None): 6. Promotion of medical ethics;
p.(None): 7. Review of establishment or expansion of large hospitals exceeding a certain scale;
p.(None): 8. Review of other medical affairs.
p.(None): The organization, meeting, and other regulations of the medical care committee referred to in the preceding Paragraph shall be
p.(None): established by the central competent authority.
p.(None):
p.(None): Article 99
p.(None): Municipal and county (city) competent authorities shall establish medical care committees, which shall fulfill the following missions:
p.(None): 1. Review of establishment or expansion of medical care institutions;
p.(None): 2. Review of medical fee standards;
p.(None): 3. Mediation of medical disputes;
p.(None): 4. Promotion of medical ethics;
p.(None): 5. Review of other medical affairs.
p.(None): The organization, meeting, and other regulations of the medical review committee referred to in the preceding Paragraph shall be
p.(None): established by the municipal or county(city)competent authority.
p.(None):
p.(None): Article 100
p.(None): Members of the medical review committee referred to in the preceding two Articles shall include medical experts, legal experts,
p.(None): scholars, and social personages, excluding legislators/councilors and representatives of medical juridical persons, of which legal
p.(None): experts and social personages shall account for at least one-third of the number of members.
p.(None):
p.(None): Chapter IX Penal Provisions
p.(None):
p.(None): Article 101
p.(None): Any person who violates any of the provisions of Paragraph 1 of Article 17, Paragraph 1 of Article 19, Article 20, Paragraph 1 of
p.(None): Article 22, Paragraph 1 of Article 23, Paragraph 1 of Article 24 or Paragraph 2 of Article 56, and does not cease the law-violating act
p.(None): within the given time limit after receiving a warning, shall be subject to a fine of no less than NT$10,000 but no more than NT$50,000.
p.(None): The fine may be imposed consecutively for repeated violations.
p.(None):
p.(None): Article 102
p.(None): Persons under the following conditions shall be subject to a fine of no less than NT$10,000 but no more than NT$50,000 and given a
p.(None): time limit to cease the law-violating act; persons who do not comply shall be subject to a successive fine:
p.(None): 1. Violation of any of the provisionsofParagraph1ofArticle 25, Article 26, Paragraph1ofArticle 27, Article 59, Paragraphs1ofArticle 60,
p.(None): Article 65, Article 66, Paragraph1and 3 of Article 67, Article 68, Article 70, Article 71, Article 73, Article 74, Article 76, or Paragraph2
p.(None): of Article 80.
p.(None): 2. Violation of the establishment standards determined by the central competent authority in accordance withParagraph3 of Article 12.
p.(None): 3. Violation of management regulations determined by the central competent authority in accordance with Article 13.
p.(None): 4. Violation of regulations determined by the central competent authority in accordance with Article 69.
p.(None): Persons under the following conditions shall be subject to the fine referred to in the preceding Paragraph, and given a time limit to
p.(None): cease the law-violating act; persons who do not comply shall be subject to suspension of practice for no less than one month but no
p.(None): more than one year:
p.(None): 1. Violations of the provisionsofParagraph1ofArticle 25or Article 66.
p.(None): 2. Violation of the establishment standards determined by the central competent authority in accordance with Paragraph3 of Article
p.(None): 12.
p.(None): 3. Violation of management regulations determined by the central competent authority in accordance with Article 13.
p.(None): 4. Violation of regulations determined by the central competent authority in accordance with Article 69.
p.(None):
p.(None): Article 103
p.(None): Persons under any of the following conditions shall be subject to a fine of no less than NT$50,000 but no more than NT$250,000:
p.(None): 1. Violation of any of the provisions of Paragraph 1 of Article 15, Paragraph 2 of Article 17, Paragraph 2 of Article 22, Paragraphs 4
p.(None): and 5 of Article 23, Paragraph 1 of Article 57, Article 61, Paragraph 1 of Article 63, Article 64, Article 72, Article 85, or Article 86, or
p.(None): those who alter approved advertisement content without authorization.
p.(None): 2. Violation of regulations determined by the central competent authority in accordance with Paragraph 2 of Article 62 or Paragraph 2
p.(None): of Article 93.
p.(None): 3. Medical care institutions employing or keeping unqualified medical personnel other than physicians for execution of duties that
p.(None): should be carried out by specialized medical personnel.
p.(None): Persons who violate any provisions of Article 85 or Article 86 or revise the content of the previously approved medical advertisements
p.(None): without authorization, and fall under any of the following conditions, shall be subject to suspension of practice for no less than one
p.(None): month but no more than one year or revocation of practice license, in addition to the penal provisions provided in the preceding
p.(None): paragraph, and the central competent authority shall revoke the physician certificate of the supervising physician for one year:
p.(None): 1. Content contains false, exaggerated, or distorted facts, or is indecent;
p.(None): 2. Promotes illegal abortion;
p.(None): 3. Has already been penalized three times within one year.
p.(None):
p.(None): Article 104
p.(None): Persons who violate Article 84to make medical advertisements shall be subject to a fine of no less than NT$50,000 but no more than
p.(None): NT$250,000.
p.(None):
p.(None): Article 105
p.(None): Persons who violate any of the provisions of Paragraph 1 or 2 of Article 78 herein by administering human research without the
p.(None): approval, entrustment or consent of the central competent authority, shall be subject to a fine of no less than NT$200,000 but no
p.(None): more than NT$1,000,000, and be ordered to suspend or terminate the human research by the central competent authority. Violations
p.(None): of a serious nature shall also be subject to suspension of practice for no less than one month but no more than one year or revocation
p.(None): of practice license.
p.(None): Persons who violate any of the provisions of Paragraph 3 of Article 78 herein or any regulations about the review benchmark
p.(None): stipulated by the central competent authority in accordance with Article 79-1 shall be subject to a fine of no less than NT$100,000 but
p.(None): no more than NT$500,000 by the central competent authority, and be ordered to discontinue the human research or the review set
p.(None): forth in Paragraph 3 of Article 78.
p.(None): Persons who violate any of the provisions of Article 79, Article 79-2, Paragraph 1 of Article 80 herein or the regulations governing the
p.(None): supervision and management or review criteria set forth by the central competent authority pursuant to Article 79-1 herein shall be
p.(None): subject to a fine of no less than NT$100,000 but no more than NT$500,000 by the central competent authority, and in addition, be
p.(None): ordered to discontinue the human research if the safety of the research or damage to the interests of the research subjects is a
p.(None): concern. Violations of a serious nature shall also be subject to cessation of practice for whole or part of relevant business or for
p.(None): departments and services that violate the provisions for no less than one month but no more than one year.
p.(None): Persons who violate any of the provisions of Paragraph 4 of Article 78 herein shall be subject to a fine of no less than NT$50,000 but
p.(None): no more than NT$250,000 by the central competent authority, and in addition, be ordered to discontinue the human research.
p.(None): Violations of a serious nature shall also be ordered to terminate the human research.
p.(None): Article 106
p.(None): Persons who violate the provisions of Paragraph 2 of Article 24 shall be subject to a fine between NT$30,000 and NT$50,000.
p.(None): Violations that involve criminal liabilities shall be referred to the juridical authority.
p.(None): Persons who damage the life saving equipment in medical care institutions or other similar places and consequently endanger the
p.(None): life, body or health of others are subject to imprisonment for no more than three years, detention or a fine of no more than
p.(None): NT$300,000.
p.(None): Persons who hinder medical personnel or emergency medical services personnel from carrying out medical practices or emergency
p.(None): medical services by means of violence, coercion, intimidation or other illegal methods are subject to imprisonment for no more than
p.(None): three years, or in addition thereto, a fine of no more than NT$300,000.
p.(None): Those who commit the offense set forth in the preceding paragraph are subject to imprisonment for life or no less than seven years if
p.(None): their offense causes the death of medical personnel or emergency medical services personnel, and imprisonment for no less than
p.(None): three years but no more than ten years if their offense causes serious injury to medical personnel or emergency medical services
p.(None): personnel.
p.(None):
p.(None): Article 107
p.(None): Those who violate any of the provisionsofParagraph2 of Article 61, Paragraph2 of Article 62, Paragraph1ofArticle 63,
p.(None): Paragraph1ofArticle 64, Article 68, Article 72, Article 78, Article 79, or Paragraph 2 of Article 93 shall be penalized in accordance with
p.(None): the provisions of Article 102, Article 103, or Article 105. In addition, the offender shall also be penalized by said Articles. Persons
p.(None): whose violations involve criminal liability shall be transferred to the juridical authority for disposal.
p.(None): In the event that the offender is a medical person, he/she shall be penalized in accordance with the respective specialty medical
p.(None): profession laws.
p.(None):
p.(None): Article 108
p.(None): Medical care institutions which fall under the following conditions shall be subject to a fine of no less than NT$50,000 but no more
p.(None): than NT$500,000. In addition, the of ending clinic departments or service items, or all or part of the clinic departments and
p.(None): hospitalization practices shall be subject to suspension of practice for no less than one month but no more than one year, or
p.(None): revocation of practice license, in accordance with the seriousness of the violation:
p.(None): 1. Obvious negligence of medical practice management, resulting in injury or death to the patient;
p.(None): 2. Knowingly documents medical records or produces diagnosis, birth certificate, death certificate or still born certificate which are
p.(None): inconsistent with the facts;
p.(None): 3. Conduct medical practices forbidden by central competent authority regulations;
p.(None): 4. Use of drugs forbidden by central competent authority regulations;
p.(None): 5. Permits persons who violate Article 28 of the Physician‘s Act to conduct medical practices;
p.(None): 6. Conduct improper practices, including those which are indecent or harmful to human health;
p.(None): 7. Verification upon examination of collection of excess medical fees, or collecting fees for items created without authorization, and
p.(None): failure to return the excess amount to patients within the given time limit.
p.(None):
p.(None): Article 109
p.(None): Medical care institutions which continue to operate after being imposed with suspension of practice shall have their practice license
p.(None): revoked.
p.(None):
p.(None): Article 110
p.(None): The supervising physician of medical care institutions imposed with revocation of practice license shall not apply to establish any
p.(None): medical care institution at the original or other locations for one year.
p.(None):
p.(None): Article 111
p.(None): The supervising physician of medical care institutions which continue to operate after being imposed with revocation of practice
p.(None): license shall have his/her physician revoked for two years by the central competent authority.
p.(None):
p.(None): Article 112
p.(None): Juridical persons in medical care who violate the provisions of Paragraph 5 of Article 34 or Paragraph1ofArticle 37 to become
p.(None): guarantors, shall be subject to a fine of no less than NT$100,000 but no more than NT$500,000 by the central competent authority,
p.(None): and shall be given a time limit in which to make amendments. Those who fail to make amendments within the given time limit shall be
p.(None): fined successively. The offender shall be responsible for the guarantee.
p.(None): The chairperson of juridical persons in medical care who violate the provisions Of Paragraph 2 of Article 37 shall be subject to a fine
p.(None): of no less than NT$100,000 but no more than NT$500,000 by the central competent authority. In addition, in the case that violation by
p.(None): juridical persons in medical care result in damage or injury, the offender shall be responsible for compensation.
p.(None):
p.(None): Article 113
p.(None): Juridical persons in medical care which violate any of the provisions of Paragraph 2 of Article 34, Paragraph1ofArticle 35, or Article
p.(None): 40 shall be subject to a fine of no less than NT$10,000 but no more than NT$100,000 by the central competent authority, and given a
p.(None): time limit within which to make amendments. Those who fail to make amendments within the given time limit shall be fined
p.(None): successively.
p.(None): In the case that juridical persons in medical care fail to register any of the stipulated particulars, the person responsible for
p.(None): registration shall be subject to a fine of no less than NT$10,000 but no more than NT$100,000 by the central competent authority, and
p.(None): shall be given a time limit within which to make corrections. Persons who fail to make corrections within the given time limit shall be
p.(None): fined successively.
p.(None): In the case that there is more than one person responsible for registration in the situation referred to in the preceding Paragraph, all
p.(None): persons responsible for registration shall be jointly liable.
p.(None):
p.(None): Article 114
p.(None): Directors or supervisors who fail to report in violation of Paragraph 4 of Article 49 shall be subject to a fine of no less than NT$50,000
p.(None): but no more than NT$200,000 by the central competent authority.
p.(None): In the case that juridical persons in medical care fail to establish medical care institution in accordance with the respective
p.(None): establishment plan, the central competent authority shall order the juridical person in medical care to make amendments within a
p.(None): given time limit. Those who fail to comply within the given time limit shall be subject to revocation of permit. This provision shall apply
p.(None): mutatis mutandis to juridical persons in medical care who revise their establishment plan.
p.(None):
p.(None): Article 115
p.(None): The supervising physician shall be subject to the fines specified in this Act when applied to private medical care institutions.
p.(None): The medical corporate body shall be subject to the fines specified in this Act when applied to medical care institutions set up by a
p.(None): medical corporate body.
p.(None): Regarding the first part of Paragraph 1 above, if the offender subject to punishment as laid down in Article 107 is the supervising
p.(None): physician, no additional punishment shall be given.
p.(None):
p.(None): Article 116
p.(None): Unless otherwise provided for in the Act, the fines, suspension of practice, and revocation of practice license specified in the Act shall
p.(None): be imposed by the municipal or county (city) competent health authority.
p.(None):
p.(None): Article 117
p.(None): Any person who fails to pay the fine imposed upon him/her under the Act within the time limit set in a notice given to him/her shall be
p.(None): turned over to the court for compulsory execution.
p.(None):
p.(None): Chapter X Supplementary Provisions
p.(None):
p.(None): Article 118
p.(None): The establishment and management of subsidiary medical care institutions of military authority and other non-governmental
p.(None): subsidiary care institutions shall be governed by the provisions of the Act. However, the management of subsidiary medical care
p.(None): institutions which are involved in matters of national security shall be governed in accordance with the provisions established by the
p.(None): Ministry of National Defense.
p.(None):
p.(None): Article 119
...
...
Orphaned Trigger Words
Appendix
Indicator List
| Indicator | Vulnerability |
|---|
| authority | Relationship to Authority |
| criminal | criminal |
| education | education |
| emergency | Public Emergency |
| employees | employees |
| family | Motherhood/Family |
| gender | gender |
| home | Property Ownership |
| ill | ill |
| illegal | Illegal Activity |
| illness | Physically Disabled |
| impairment | Cognitive Impairment |
| job | Occupation |
| military | Soldier |
| minor | Youth/Minors |
| party | political affiliation |
| police | Police Officer |
| restricted | Incarcerated |
| violence | Threat of Violence |
Indicator Peers (Indicators in Same Vulnerability)
Trigger Words
capacity
coercion
consent
ethics
harm
justice
protect
protection
welfare
Applicable Type / Vulnerability / Indicator Overlay for this Input