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MONISTRY OF AGRICULTURE
Laws and Regulations Retrieving System

Print Time:113.11.22 13:19

Content

Title: Veterinarian Act Ch
Date: 2019.12.11
Legislative: 1.Promulgated by the President on January 6, 1959
2.Amendment to Article 1, deletion of Article 18, and Article 19
moved to Article 18 promulgated on June 12, 1962.
3.Amendment to Articles 1~56 promulgated on January 27, 1995.
4.Amendment to Article 3 promulgated on May 17, 2000.
5.Amendment to Articles 32, 54, and 56 on November 7, 2001
6.Amendment to Articles 6, 12, 18, 21, 24, 26, 28, 29, 34, 36~40,
and addition of Article 24-1 promulgated on January 30, 2002.
7.Amendment to Articles 6, 56 promulgated on May 27, 2009.
8.Amendment to Articles 5, 42, 46, 48, and deletion of Article 45
promulgated on December 30, 2015.
9.Amendment to Articles 6, 26 promulgated on December 11, 2019.
Content:

Chapter 1 General Provisions
Article 1

1.1 A citizen of the Republic of China who has passed the pertinent
national examination and obtained a veterinarian certificate may
serve as a veterinarian.
1.2 The examination in Section 1.1 (paragraph 1 of Article 1)
may be replaced by a qualifying examination. Qualifications for
the qualifying examination are to be prescribed by the Examination
Yuan in consultation with the Executive Yuan.


Article 2 
2.1 A citizen of the Republic of China who has passed the pertinent
national examination and obtained a veterinary assistant certificate
may serve as a v veterinary assistant.
2.2 The examination in Section 2.1 (paragraph 1 of Article 2)
may be replaced by a qualifying examination. Qualifications for
the qualifying examination are to be prescribed by the Examination
Yuan in consultation with the Executive Yuan.


Article 3 
The term "competent authority" in this Act shall refer to the
Council of Agriculture at the central government level (hereinafter
the "central competent authority"), the municipal government of
a special municipality (hereinafter the "local competent authority"),
and the city or county government at the local level (hereinafter
the "local competent authority").


Article 4
To obtain the certificate for a veterinarian or a veterinary assistant,
one shall submit the application along with proof of qualifications
to the central competent authority for review and issuance.


Chapter 2 Veterinary Practice
Article 5

5.1 A veterinarian shall apply to the local competent authority at
the intended locale (special municipality, city or county) for
practice registration. The applicant shall submit the application
form, veterinary certificate, photo, and application fees. Only
after a practice license is obtained can he or she commence the
practice.
5.2 The term "practice" in Section 5.1 (paragraph 1 of Article 5)
refers to diagnosis, treatment, inspection, writing diagnosis reports
and prescription, certifying documents, and other tasks designated
to veterinarians according to law.
5.3 To remain eligible to practice, a veterinarian shall engage in
continuing education and renew his or her practice license every
six years by presenting certificates of continuing education completed.
5.4 Regulations governing the practice registration (credentials,
qualifications, and documents to submit), the practice license
(its issuance, replacement, reissuance and renewal) in Section
5.1 (paragraph 1 of Article 5), and continuing education
(curriculum, units of credit, administration, recognition of such
education completed) in Section 5.3 (paragraph 3 of Article5)
as well as rules to abide by, are to be prescribed by the central
competent authority.


Article 6 
In any of the following situations, the practice license shall
not be issued; in case a license has been issued, it shall be
revoked or terminated,
(1)The applicant’s veterinarian certificate has been revoked.
(2)The applicant’s veterinarian practice license has been
terminated for less than one year.
(3)It has been declared that the applicant is under a guardianship
or assistantship that is not yet revoked.
(4)The veterinarian who has been determined to be unable to practice
based on objective facts as determined by a team of pertinent
specialist physicians, veterinarians and scholars/experts invited
by the municipal or county (city) competent authority.
After the cause listed in subparagraph 3 or subparagraph 4 of the
preceding paragraph is eliminated, the veterinarian may still apply
for practice license in accordance with Article 5.1.


Article 7 
A veterinarian's practice is to be limited to the location where
his license is applied for, and shall be conducted in duly registered
entities such as veterinary animal care facilities, livestock farms,
or veterinary medicine institutions or other institutions recognized
and required by the competent authority to have veterinarians on
staff. However, the above restriction is not applicable to inter-
agency consultation, support, house calls, emergencies or pre-approved
tasks.


Article 8 
8.1 To suspend, terminate, resume a practice or change the locale
of practice, the veterinarian shall, within 10 days, file for record
with the authority from which the practice license was obtained.
In the case of relocating a practice to another jurisdiction, the
veterinarian shall follow the instructions in Article 5.
8.2 In the case of a veterinarian’s death, the next of kin or local
household registration agency shall report the event to the original
license-issuing authority, which shall cancel the practice license.


Article 9 
A veterinarian shall not engage in practice until after he or she
becomes a member of the local veterinary association.


Article 10
A practicing veterinarian shall not issue a diagnosis certificate
or write a prescription without personally performing the diagnosis
and/or treatment nor issue an inspection certificate without
personally conducting the inspection.


Article 11 
A practicing veterinarian shall not refuse to perform diagnosis,
treatment or inspection without proper cause and shall not refuse
to issue a diagnosis report and/or inspection certificate.


Article 12
12.1 A practicing veterinarian shall make entries about the diagnosis,
treatment and/or inspection in the corresponding medical record or
inspection record when conducting diagnosis, treatment, or inspection.
12.2 The medical record in Section 12.1 (paragraph 1 of Article12)
shall contain:
(1)The name and address of the animal owner,
(2)The species and weight of the animal,
(3)For each visit – the treatment date, physical conditions,
diagnostic results as well as prevention, medication used and
treatment performed.
(4)If controlled substance is administered – the drug name,
dosage and application method.


Article 13
When alerted to a case of notifiable infectious animal disease
during practice, a veterinarian shall give instructions about
disinfection and quarantine methods, and identify and report the
species, name of the disease, and the name and address of the
owner or caregiver to the local competent authority within 24
hours.


Article 14
A veterinarian shall not make any false statement or report when
responding to government inquiries or entrusted with legal examination.


Article 15
In response to events such as natural disasters and when performing
prevention/treatment of infectious animal diseases, a veterinarian
is obligated to follow the instructions of the local competent
authority.


Article 16
16.1 A veterinary assistant, under the guidance of a veterinarian,
is allowed to assist in veterinary care; but he or she shall not
issue diagnosis certificates, write prescriptions or issue
certifications of relevant documents.
16.2 A veterinary assistant with an old version of registered
certificate obtained before this Act was amended or a veterinary
assistant certificate issued within 10 years after the amendment
who have either of the following qualifications -- pending
recognition by the central competent authority -- may perform
diagnosis, treatment, inspection; issue diagnosis certificates;
and write prescriptions. However, he or she shall not issue
certification of relevant documents designated by the competent
authority.
(1)Four years or more in support of veterinary practice at a
veterinary animal care facility.
(2)Five years or more in support of veterinary practice at
livestock farms, veterinary medicine institutions or other entities
recognized by the competent authority.
16.3 When veterinary assistants perform veterinary practice according
to Sections 16.1 (paragraph 1 of Article 16) and 16.2 (paragraph 2
of Article 16), other provisions about a veterinarian’s practice in
this chapter also apply.


Chapter 3 Management of Veterinary Animal Care Facilities
Article 17

17.1 To commence operation, a veterinary animal care facility shall
follow the provisions listed below to apply to the local competent
authority for registration and an operation permit.
(1)For a private veterinary animal care facility, the applicant
shall be a veterinarian with a practice license or a veterinary
assistant with qualifications described under Section 16.2
(paragraph 2 of Article 16).
(2)For a public veterinary animal care facility, the applicant
shall be the agency’s representative.   
17.2 To be accountable for the overall care delivered, a public
veterinary animal care facility shall designate one veterinarian
-in-charge, while a private veterinary animal care facility shall
appoint the applicant as the a veterinarian-in-charge or veterinary
-assistant-in-charge.
17.3 The criteria for setting up a veterinary animal care facility
shall be stipulated by the local competent authority.


Article 18
In any of the following situations, the applicant or veterinary
animal care facility described in Article 17 shall not be given
an operation permit; if an operation permit has been issued, it
shall be revoked or terminated:
(1)Practice license has been revoked or terminated.
(2)Operation permit has been terminated for less than a year.
(3)An operation permit has already been issued.


Article 19
19.1 A veterinary animal care facility shall adopt a name that
is within the scope designated by the central competent authority.
19.2 A non-veterinary animal care facility shall not adopt a
name of a veterinary animal care facilities nor one that is similar.


Article 20
When a veterinary animal care facility suspends, terminates,
resumes its operation or changes its registered items, the applicant
shall -- within 10 days of the fact-- file for record with the
authority that issued the original operation permit. In the case of
relocation to another jurisdiction, the applicant shall proceed
in accordance with Article 17.


Article 21 
21.1 A veterinary animal care facility shall display prominently
its operation permit, hours of operations, and general treatment
rules as well as the practice licenses and certificates of in-house
veterinarians or veterinary assistants.
21.2 In case the certificate, the practice license (of an in-house
veterinarian/veterinary assistant), or the operation permit (of a
facility) is defaced or missing, the relevant party shall apply to
the competent authority for its replacement and re-issuance.


Article 22
22.1 Veterinary animal care facilities shall maintain medical
records and inspection records. The competent authority may
dispatch someone to audit the records when necessary. The facility
shall not refuse, obstruct or avoid the audit.
22.2 The person conducting the audit shall present his or her
identification paper when conducting such audit.
22.3 The retention period of records (of treatment and inspection)
in Section 22.1 (paragraph 1 of Article 22) shall conform to
the rules set by the central competent authority.


Article 23
23.1 A non-veterinary animal care facility shall not write or post
medical advertisements.
23.2 A veterinary animal care facility shall not publish or
distribute misleading or false advertisements about its
practice.


Article 24 
Medical fees collected by a veterinary animal care facility
shall not exceed the amounts stipulated in the fee standard. A
list of itemized costs and the receipt shall be provided to the
owner or caregiver of the animal upon request.
The medical fee standard in Section 24.1 (paragraph1 of Article
24) shall be set by the local veterinary association and be
approved by the local competent authority.


Article 24-1 
The competent authority shall collect fees for issuing veterinarian
certificates, veterinary assistant certificates, practice licenses,
and operation permits (of entities). The amount shall be determined
by the central competent authority.


Chapter 4 Rewards and Penalties
Article 25
 
The competent authority shall recognize and reward the achievements
of veterinarians or veterinary assistants who have made significant
contributions to animal disease prevention/control, or veterinary
practices.


Article 26 
If any of the following situations exist, the practice license
of a veterinarian or veterinary assistant may be suspended for
a period of one year or less or be terminated:
1. Violation of Article 14 or Article 15.
2. Significant errors in treatment or fraud during the practice,
causing damages to a third party.


Article 27 
A veterinarian or veterinary assistant certificate obtained through
fraud or illegal means shall be revoked. In addition, one who
violates the Criminal Code shall be referred to judicial
authorities for legal proceedings.


Article 28
A veterinarian or veterinary assistant shall not rent or lend his
or her certificate or license to a third party. The certificate
of the person involved shall be terminated.


Article 29 
The practice license of a veterinarian or a veterinary assistant
shall be terminated if he or she continues to practice after
receiving a punitive suspension. The certificate of a veterinarian
or veterinary assistant shall be terminated if he or she continues
to practice despite the termination of his or her practice license.


Article 30 
Anyone who practices veterinary medicine without the qualifications
of a veterinarian or a veterinary assistant who practices
veterinary medicine without the qualifications in Section 16.2
(paragraph 2 of Article 16) shall be subject to a fine between
NT$30,000 and NT$150,000, and all the medicine and equipment shall
be confiscated. However, this provision does not apply to
university/graduate students in veterinary medicine or animal
husbandry practicing veterinary medicine under the guidance of
licensed veterinarians.


Article 31 
Any person using the name or a similar sounding name of a
veterinarian or veterinary assistant without having a
veterinarian certificate or a veterinary assistant certificate
shall be subject to a fine of NT$15,000 or less.


Article 32
Any veterinarian or veterinary assistant in violation of any
provisions in Section 5.1 (paragraph 1 of Article 5), Article 7,
Section 8.1 (paragraph 1 of Article 8), Articles 10, 11, 12 or
Section 54.3 (paragraph 3 of Article 54) shall be subject to a
fine of NT$9,000or less.


Article 33 
Any veterinarian and veterinary assistant in violation of either
Article 9 or Article 13 shall be subject to a fine of NT$6,000
or less.


Article 34 
The operation permit of a veterinary animal care facility may
be terminated in either of the following situations:
(1)Allowing someone without a veterinarian’s qualifications or
a veterinary assistant without the qualifications in
Section 16.2 (paragraph 2 of Article 16) to practice veterinary
medicine.
(2)Remaining in operation after receiving a punitive suspension
order.


Article 35
Besides the punitive fine prescribed by this Act, any person or
institution/facility in violation of Section 19.1 (paragraph 1
of Article19), Article 20, or Article 21, or fail to meet the
standards in Section 17.3 (paragraph 3 of Article17) set forth
by competent authorities shall be ordered by the local competent
authority to take corrective action by a deadline. Failure to
meet the deadline shall result in a punitive suspension of one
year or less.


Article 36 
A veterinary animal care facility whose operation permit has
been revoked or terminated shall surrender the permit within 10
days of receipt of the notice. If a punitive suspension is imposed,
the facility shall have the local competent authority denote the
reasons and length of suspension on the back of the permit. The
applicant shall keep the permit, and operation may resume only
after the suspension period ends.


Article 37 
37.1 Any violation of any provisions of Section 17.1 (paragraph 1
of Article 17), Article 19, Article 20, Article 21, Section 22.1
(paragraph 1 of Article 22), Section 22.3 (paragraph 3 of
Article 22), Article 23, or Article 24, or failure to comply with
the standards in Section 17.3 (paragraph 3 of Article 17) set
forth by competent authorities, shall be subject to a fine of
NT$9,000 or less.
37.2 A veterinary animal care facility remaining in operation
after its operation permit has been revoked or terminated shall
be subject to penalties stipulated for violating Article 17. The
veterinarian-in-charge or the veterinary-assistant-in-charge may
face termination of his or her certificate for two years.


Article 38 
A veterinarian or veterinary assistant whose certificate or practice
license has been revoked or terminated shall surrender the
certificate/license within 10 days of receipt of the notice. When
under punitive suspension, he or she shall have the local competent
authority denote reasons and length of suspension on the back of
the license and retain the document. He or she may not resume
operation only after the suspension period ends.


Article 39 
Failure to surrender the veterinarian certificate, veterinary assistant
certificate, practice license, or operation permit that has been
revoked or terminated by the deadline shall result in the certificate,
license or permit becoming invalid.


Article 40
Of the administrative actions described in this Act, the punitive
fine, suspension, revocation and termination of a practice license
or operation permit shall be imposed by the local competent authority.
The revocation or termination of the certificate of a veterinarian
or a veterinary assistant shall to be imposed by the central competent
authority.


Article 41 
Failure to pay the punitive fine imposed by the prescribed deadline
in accordance with to this Act shall be referred to the court for
compulsory execution.


Chapter 5 Associations
Article 42

42.1 There are two tiers of veterinary professional groups:
(1)Veterinary associations at the local level (of the special
municipality, city or county).
(2)National federation of veterinary associations.
42.2 The national federation of veterinary associations already on
the registry before this amendment shall be re-organized in
accordance with this Act within three years of the promulgation.
Provincial-level veterinary associations currently on the registry
shall be dissolved.


Article 43 
A veterinary association is to be organized based on the administrative
jurisdiction, and each jurisdiction is to have only one association
for the specific tier.


Article 44 
Nine people – veterinarians or veterinary assistants with the
qualifications listed in Section 16.2 (paragraph 2 of Article 16) –
are required to initiate a local-tier association. If less than nine
people are eligible in a jurisdiction, they may join the association
in a neighboring jurisdiction, or seek to form a joint association.


Article 45
(Deleted)


Article 46
Setting up a national federation of veterinary associations shall
require the initiation of more than one third of all veterinary
associations at local tiers and endorsement from more than half of
them. However, this requirement does not apply to a national federation
approved with the consent of the central social administration authority
(the Ministry of Interior) in consultation with the relevant central
competent authority (the Council of Agriculture).


Article 47 
The competent authority of a veterinary associations at any tier
shall be the social administration competent authority of its
jurisdiction. However, the program activities and business affairs
of a veterinary association shall be under the direction and supervision
of the competent authorities prescribed in Article 3.


Article 48 
48.1 Each veterinary association, regardless of its tier, shall have
a board of directors and a board of supervisors elected at the
general/delegate meeting by individual members or their delegates.
The sizes of the boards shall be:
(1)No more than 15 directors at a city/county veterinary association.
(2)No more than 25 directors at a special municipality veterinary
association.
(3)No more than 35 directors at the national federation of veterinary
associations.
(4)The number of supervisors shall not exceed one third of the number
of directors of each association.
(5)Each veterinary association shall have alternate directors and
supervisors; this number shall not exceed one third of the number of
directors and supervisors.
48.2 When there are more than three directors and supervisors on the
board, executive directors and supervisors shall be elected from within;
their number shall not exceed one third of the total number of directors
and supervisors. A chairman of the board of directors shall be elected
according to the by-law.
48.3 The term for a director or supervisor is three years. No more than
half of the board members can be re-elected to serve the next term. The
chairman can be re-elected only once.


Article 49 
A veterinarian association shall prepare a by-law, a membership list
and staff resumes to apply for approved and registration with the local
social administration authority of its jurisdiction and also file for
record at the relevant competent supervisory authority.


Article 50
The by-law of a veterinary association shall contain the following
items:
(1)The name;
(2)Mission;
(3)Jurisdiction/territory;
(4)Address;
(5)Functions or business;
(6)Organization;
(7)Induction, withdrawal and expulsion of members;
(8)Rights and obligations of members;
(9)The number of directors and supervisors, the scope of their
responsibilities, terms of offices, elections and conditions for dismissal;
(10)Meetings;
(11)General rules for members to abide by;
(12)Remuneration standard for members’ services;
(13)Membership fees and accounting;
(14)Amendment of by-laws;
(15)Other items required by relevant regulations.


Article 51 
If a veterinary association’s general/delegate meeting or board of
directors meeting makes a resolution that is in violation of the law,
it shall be revoked by the social administrative competent authority.


Article 52 
Acting on the resolutions of a board meeting or general/delegate
meeting, a veterinary association may penalize members who violate the
law or by-law. To expel a law-breaking member, it will require a resolution
passed at a general/delegate meeting and the approval – upon review of
fact and evidence sent by the association – by the social administrative
authority, which will seek consent in consultation with the central
competent authority.      


Chapter 6 Supplementary Provisions
Article 53 

Provisions in this Act regarding veterinarian or veterinary assistant
certificates are applicable to these issued by the central competent
before this Act was amended.


Article 54 
54.1 A foreigner may take the examination for veterinarians or veterinary
assistants in accordance with the laws of the Republic of China.
54.2 Provisions in this Act and relevant laws about veterinarians or
veterinary assistants are applicable to a foreigner possessing a
veterinarian or veterinary assistant certificate after passing the
examination in Section 54.1 (paragraph 1 of Article 54).
54.3 A foreign veterinarian or veterinary assistant practicing in the
Republic of China shall use the written language of the Republic of
China (traditional Chinese) in documents, records, certificates, and
so forth for business purposes.


Article 55 
The enforcement rules of this Act shall be stipulated by the central
competent authority.


Article 56 
This Act shall take effect starting from the date of promulgation except
for the date to take effect for articles amended on November 7, 2001
which will be decided by the Executive Yuan and articles amended on
May 5, 2009 being effective starting from November 23, 2009.

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