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. 10.Amendment to Articles 11, 28, 30, 31 promulgated on June 16, 2021. |
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 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 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 form 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.
5.2 The term "practice" in Section 5.1 (paragraph 1 of Article
5) refers to diagnosis, treatment, inspection, writing diagnostic
report and prescriptions, 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 submitting documents proving the completion
of continuing education.
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
Article 5)as well as rules to abide by, are to be prescribed
by the central competent authority.
Article 6
6.1 In any of the following situations, a 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 revoked
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.
6.2 After the cause listed in subparagraph 3 or subparagraph 4 of
the preceding paragraph is eliminated, the veterinarian may
still apply for a 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 care facilities,livestock farms,
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 a 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 testing without proper cause and shall not refuse
to issue a summary of medical records, diagnosis reports, testing
certificates, image records and other diagnosis and treatment
related certificates; animal owners shall pay any and all necessary
associated fees and/or expenses.
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 –date of diagnosis and/or treatment, physical
conditions, diagnostic results as well as prevention, medication
used and treatment performed.
(4)If a controlled substance is administered – the drug name,
dosage and application method.
Article 13
When alerted to a case of notifiable animal infectious disease
during practice, the attending veterinarian shall give instructions
about disinfection and quarantine, and report the animal species,
disease name,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 animal infectious 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 diagnostic certificates, prescriptions or certification
documents.
16.2 A veterinary assistant holding a registered certificate
obtained prior to the amendment of this Act or a veterinary
assistant certificate issued within 10 years after the amendment,
and possessing either of the following qualifications –
subject to recognition by the central competent authority --
may conduct diagnosis, treatment, inspection; issue diagnostic
certificates; and write prescriptions. However, he or she
shall not issue certification 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 experience assisting veterinary practice
at livestock farms, veterinary medicine institutions or other
entities recognized by the competent authority.
16.3 When veterinary assistants perform veterinary practice as
stipulated in Sections 16.1 (paragraph 1 of Article 16)
and 16.2 (paragraph 2 of Article 16), other relevant
provisions regarding 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 care facility shall follow
the provisions listed below and apply to the local competent
authority for registration and an operation permit.
(1)For a private veterinary care facility, the applicant shall
be a veterinarian with a practice license or a veterinary
assistant with qualifications specified under Section 16.2
(paragraph 2 of Article 16).
(2)For a public veterinary care facility, the applicant shall
be the agency’s representative.
17.2 To ensure accountability for overseeing clinical operations
and the overall care delivered, a public veterinary care
facility shall designate one veterinarian-in-charge, while
a private veterinary 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 care facility shall
be stipulated by the local competent authority.
Article 18
In any of the following situations, the applicant or veterinary
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 revoked 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 facility or one that is similar.
Article 20
When a veterinary care facility suspends, terminates, resumes its
operation or changes its registered items, the applicant shall --
within 10 days of the fact-- file for record to 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 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 lost, the relevant party shall
apply to the competent authority for its replacement or
re-issuance.
Article 22
22.1 Veterinary care facilities shall maintain medical records and
inspection records. The competent authority may dispatch an
auditor to review the records as needed. The facility shall
not refuse, obstruct or evade the audit.
22.2 The person conducting the audit shall present his or her
identification document when conducting the 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 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
24.1 Medical fees collected by a veterinary care facility shall
not exceed the amounts stipulated in the fee standard. A list
of itemized costs and receipts shall be provided to the owner
or caretaker of the animal upon request.
24.2 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 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 up to one year or be revoked:
(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
fraudulent or illegal means shall be revoked. In addition, one
who violates the Criminal Code in this regard shall be referred
to judicial authorities for legal proceedings.
Article 28
A veterinarian or veterinary assistant who rents out or loans his
or her certificate or practice to a third party shall be subject
to a fine between NT$100,000 to NT$500,000; in addition, his or
her certificate or practice license may be revoked.
Article 29
The practice license of a veterinarian or a veterinary assistant
shallbe revoked if he or she continues to practice after receiving
a punitive suspension. The certificate of a veterinarian or
veterinary assistant shall be revoked if he or she continues to
practice despite the termination of his or her practice license.
Article 30
30.1 Anyone who practices veterinary medicine without the
qualifications of a veterinarian or a veterinary assistant
who practices veterinary medicine without the qualifications
as stated in Article 16.2 (paragraph 2 of Article 16) shall
be subject to a fine ranging from NT$100,000 to NT$500,000;
also, all the medicine and equipment used will be confiscated.
However, this provision does not apply to university
students/graduates in veterinary medicine or animal husbandry
departments or veterinary aide certified and qualified by
legal persons, institutions or groups accredited by the central
competent authority under the guidance of licensed veterinarians.
30.2 When a legal person, institution or group approved by the
central competent authority according to the preceding paragraph
applies for veterinary aide certificate issuance, shall formulate
a certification implementation plan and will be enacted upon
approval by the central competent authority.
30.3 The conditions for qualification of veterinary aide as specified
in Paragraph 1 mentioned above, veterinarian's implementation
of business with assistance, details of the aforementioned
plan and other items for compliance are to be determined by
the central competent authority.
Article 31
Individuals who use the title or a similar title of a veterinarian
or veterinary assistant without holding a veterinary or a veterinary
assistant certificate shall be subject to a fine between NT$10,000
to NT$50,000.
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$9,000 or 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 care facility may be revoked
in either of the following situations:
(1)Allowing someone without a veterinarian’s qualifications or
a veterinary assistant without the qualifications stipulated
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 failing to meet the
standards specified 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 within a specified
deadline. Failure to meet the deadline shall result in a punitive
suspension of one year or less.
Article 36
A veterinary 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 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 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 revocation 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 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 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 prior to 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 veterinarians or veterinary assistants with the qualifications
listed in Section 16.2 (paragraph 2 of Article 16)are required
to initiate a local-tier veterinary 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 association shall
require the initiation of more than one-third of all veterinary
associations at local tiers and endorsement from more than half
of the members. 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 Ministry of
Agriculture).
Article 47
The competent authority of 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 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 its by-laws, membership
list and staff resumes to apply for approval and registration with
the local social administration authority within its jurisdiction
and also file for record with 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 and/or supervisors meeting makes a resolution that
violate 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 those 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. |