Laws Information

法規資訊
Title: Nursing Personnel Act
Am Date: 2015-01-14
Legislative History: Articles 23-2, 31-1, and 31-2 added to the Nursing Personnel Act and Articles 5, 23-1, 28, and 33 amended Promulgated on January 14, 2015

Transaction

Amended

Article 23-2
When the central competent authority carries out the accreditation of nursing institutions, it shall announce the results, valid period, and status of the accreditation of each institution.
In the event that during the valid period of the accreditation, a nursing institution violates this Act or orders issued in accordance with this Act and fails to make improvements as requested by the competent authority within a specified period of time or the violation is severe, the central competent authority may downgrade its accreditation status or revoke its accredited qualifications.
The criteria for accreditation of nursing institutions, including the participants, items, ratings, and methods, as well as the regulations governing the rescission and revocation of accreditation results and other matters to be complied with, shall be determined by the central competent authority.

Article 31-1
Violators of the establishment standards provided for in Paragraph 2 of Article 16 shall be ordered to make improvements within a specified period of time. Those that fail to make improvements within the deadline shall be subject to a fine of between NT$60,000 and NT$300,000 and be requested to make improvements within another specified period of time. Those that still fail to do so within the new deadline may be suspended from practice for no less than one month and no more than one year. In cases where no improvements are made when the suspension period ends, the establishment permit may be revoked.

Article 31-2
Nursing institutions that undergo accreditation pursuant to Paragraph 1 of Article 23-1 but fail to be accredited shall be ordered to make improvements within a specified period of time, with the exception of violations of the establishment standards provided for in Paragraph 2 of Article 16, which shall be punished pursuant to the previous article. In the event that no improvements are made within the deadline, the nursing institutions that admit patients shall be subject to a fine of between NT$60,000 and NT$300,000, and other nursing institutions shall be subject to a fine of between NT$6,000 and NT$30,000. Consecutive punishments may be imposed. In the case of severe violations, the nursing institutions may be suspended from practice for no less than one month and no more than one year. In cases where no improvements are made when the suspension period ends, the establishment permit may be revoked.
Article 5
The term “competent authority” used in this Act refers to the Ministry of Health and Welfare at the central government level, the municipal government at the municipality level, and the county (city) government at the county (city) level.

Article 23-1
The central competent authority shall carry out the accreditation of nursing institutions. The competent authorities at municipality and county (city) levels shall supervise and assess the services provided by the nursing institutions within their jurisdiction on a regular basis.
Nursing institutions must not avoid, hinder, or reject the accreditation, supervision, and assessment set forth in the preceding paragraph.
The competent authorities may commission related institutions or organizations to carry out the accreditation, supervision, and assessment set forth in Paragraph 1 when necessary.

Article 28
Unless otherwise provided for above, permitted by law or agreed by the person concerned or his/her legal representative in writing, nursing personnel or nursing institutions and their staff shall not disclose the confidential information of others acquired or held by them in the course of practice.

Article 33
Those that violate Paragraphs 1 and 2 of Article 8, Paragraph 1 of Article 10, Article 12, Paragraph 1 of Article 19-1, Paragraph 2 of Article 23-1 or Articles 25 to 28 shall be subject to a fine of between NT$6,000 and NT$30,000 and be ordered to make improvements within a specified period of time. Those that fail to make improvements within the deadline shall be suspended from practice for no less than one month and no more than one year.
In the event that a nursing personnel association violates Paragraph 2 of Article 10, the competent authority shall impose a fine of between NT$10,000 and NT$50,000.