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Chapter 1 General Provisions
Article 1
This Act is enacted to enhance the level of plant protection,
strengthen plant health inspection and quarantine as well as
management of high-risk agro-pesticide utilization, and to
establish the system of professional plant doctor services.
Article 2
The term "competent authority" in this Act shall refer to the
Ministry of Agriculture at the central government level; the
municipal government at the municipality level; and the county
(city) government at the county (city) level.
Article 3
A citizen of the Republic of China who passed the pertinent
examination to obtain a plant doctor certificate in accordance
with this Act may serve as a plant doctor.
Article 4
When applying for a plant doctor certificate, applicant shall
file an application with a proof of qualification and submitted
to the central competent authority for approval and issuance.
Article 5
Should any of the followings occur, such an involved person
shall not qualify to serve as a plant doctor; if such a person
already has served as a plant doctor, his/her plant doctor
certificate shall be immediately revoked or terminated:
1.Under the provisions of the Professionals and Technologists
Examinations Act, it has not been three years since the
revocation of the passed examination eligibility.
2.A final judgment to imprisonment for one year or more without
probation due to a criminal offense in relation to the
performance of a plant doctor’s occupation, unless the
sentence was fully served or pardoned before two years or more.
3.A revoked or terminated plant doctor certificate and the term
of such termination has not yet been more than two years.
Article 6
Without holding a plant doctor certificate, one may neither be
designated the title of plant doctor, nor use a name which may
mislead the public into believing that is a plant doctor.
Chapter 2 Practice
Article 7
Without holding a plant doctor certificate, one may not perform
certificate issuance of plant pest identification reports,
diagnosis certificates of plant diseases and pests, plant pest
management suggestions and relevant plant health certification
documents. However, this does not apply to government agencies
issuing the aforementioned documents as per regulations.
Other than performing certificate issuance noted in the
preceding paragraph, a plant doctor may conduct the following
matters:
1.Diagnosis and identification of plant pests.
2.Monitoring and surveillance of specific plant pests.
3.Teaching and promoting the integrated pest management
techniques, chemical agent and plant protecting materials
utilization for plant pests.
4.Diagnosis and treatments of plant physiological disorders.
5.Other duties that should be carried out by a plant doctor as
set forth in other regulations.
The term “certificate issuance” in the first paragraph refers
to a plant doctor, pursuant to the regulations of subject matter
competent authorities, performing diagnosis and identification
of plant pests or recommend control and management measures,
making into signed and sealed reports, diagnosis certificates,
plant pest management suggestions or certification documents.
Article 8
Practice facilities for a plant doctor are as follows:
1.Plant hospitals.
2.Universities and colleges with agriculture related departments,
graduate institutes, degrees or education programs.
3.Farmers’ associations or agricultural production and marketing
cooperatives.
4.Agricultural research institutes.
5.Agro-pesticide manufacturers or dealers.
6.Other facilities approved by the central competent authority.
Article 9
A plant doctor shall choose one facility in which he/she proposes
to practice, apply for registration of practice at the competent
local municipal, county (city) authority of which the facility is
located, and may practice only after obtaining a practice license.
After obtaining a license, a plant doctor may perform duties
countrywide.
Practicing plant doctors shall complete continuing education and
obtain credits at specific intervals to apply for renewal of
practice license.
Regulations governing the practice registration (qualifications,
conditions, procedures, documents to be submitted and items to
register), the practice license (its issuance, replacement,
reissuance and renewal) in paragraph 1, and continuing education
(the specified intervals, curriculum, units of credit, administration,
recognition of such education completed, obtaining of certification
documents) in the previous paragraph as well as other relevant
matters, are to be prescribed by the central competent authority.
Article 10
In any of the following situations, the practice license of a
plant doctor shall not be issued; in case a practice license has
been issued, it shall be revoked or terminated,
1.Not qualified to serve as a plant doctor as per provisions of
Article 5.
2.A revoked or terminated practice license and the term of such
termination has not yet been more than one year. This does not
apply to terminating a plant doctor practice licenses in
pursuant to Article 11.
3.It has been declared that the applicant is under guardianship
or assistantship that has yet to be revoked.
4.The plant doctor who has been determined to be unable to
practice based on objective facts as determined by a team of
pertinent phytosanitary specialists, plant doctors 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 plant doctor may
still apply for practice license in accordance with paragraph 1
of the preceding article.
Article 11
The following provisions shall be followed for plant doctors
discontinuing or suspending practice or modification of contents
within the original applied practice license (within 30 days of
such facts happening), or those who resuming practice (before 30
days of resumption):
1.For suspension, apply for practice license termination at the
original issuing competent authority.
2.For discontinuation or resumption, submit a report to the
authority issuing the practice license for its reference.
3.To modify registered contents within a practice license, apply
for approval from the authority issuing the practice license
for its reference. Whereas the registered practicing facility
moved to another municipal or county (city), shall follow the
provisions in Article 9, paragraph 1.
A plant doctor suspending practice for more than one year shall
be considered termination of practice, and the original practice
license issuing authority shall terminate the practice license.
The procedure, documents to submit for the application of
termination, submit for reference, application for modification
of registered contents within practice license; remarks,
replacement, cancellation of the practice license, as well as
recognition of the suspending durations and other relevant
matters, are to be prescribed by the central competent authority.
Article 12
Practicing plant doctors shall join the local plant doctors’
association of the registered practicing sites.
Plant doctors’ associations may not refuse anyone with sufficient
qualifications to join the association.
Article 13
A plant doctor shall make entries for diagnosis and treatment
records when performing duties, and the contents of records shall
match the facts of diagnosis and treatment. The pest identification
reports, diagnosis certification of plant diseases and plant pest
management suggestions, or relevant plant health certification
documents shall align with the diagnosis and treatment records.
The diagnosis and treatment records noted in the previous paragraph
shall be written in Chinese, and maintained by the practicing
facility.
The contents that shall be recorded in the diagnosis and treatment
record in paragraph 1, as well as the preparation, storage method,
and retention period of the diagnosis and treatment record in the
preceding paragraph, shall be announced by the central competent
authority.
Article 14
While performing duties, when pests that have never been recorded
in the Republic of China were identified, in addition to instructing
eradication and quarantine methods, a plant doctor shall notify
the competent authority within 24 hours of the plant species
involved, the name of the pest, and the name and address of the
owner or manager of such plants.
Article 15
A plant doctor shall not make any false statement or report when
responding to government inquiries or entrusted with legal
examination.
Article 16
A plant doctor is obliged to follow the directions of the competent
authorities for the plant disease and pest management measures.
Article 17
A plant doctor may not rent or lend the plant doctor certificate
or practice license to another person.
Article 18
To investigate and prosecute actions against this Act, competent
authorities may enter plant doctor practicing facilities, places
where plant doctor duties are currently conducted or have been
conducted within the past five years for inspection, no one may
evade, obstruct, or refuse.
Personnel carrying out the aforementioned tasks noted in the
previous paragraph shall present a certificate of performing
duties to stakeholders or symbols sufficient to be recognized.
Chapter 3 Management of Plant Hospitals
Article 19
Plant hospitals shall apply to the local competent municipal,
county (city) authority for registration and obtain an operation
permit before commencing operation.
The eligibility, conditions, documents to be submitted, items to
register for the registration of commencing operation in the
previous paragraph, issuance, replacement, reissuance of operation
permits, regulations governing other relevant matters, as well as
standards for the establishment of plant hospitals, are to be
prescribed by the central competent authority.
Article 20
To be accountable for the services delivered, a plant hospital
shall designate one plant doctor-in-charge. A natural person who
applied to establish the plant hospital is regarded as the plant
doctor- in charge.
Article 21
An entity that is not a plant hospital may not use the name of a
plant hospital or other names which may mislead the public into
believing that it is a plant hospital.
Guidelines for using and changing the names of plant hospitals
are to be announced by the central competent authority.
Article 22
In any of the following situations when applying for registration
of commencing operation in accordance with Article 19, an operation
permit shall not be issued, if an operation permit is already
obtained, it shall be revoked or terminated:
1.The applicant or plant doctor-in-charge is prohibited from
obtaining a practice license per Article 10 paragraph 1
provisions, or the practice license is revoked or terminated.
Whereas in situations described in Article 10 paragraph 2,
this does not apply.
2.The operation permit of a plant hospital has been revoked or
terminated and the term of such termination has not yet been
more than a year, and the applicant submits application with
the same or similar names within the same municipal or county
(city), or the same plant doctor-in-charge applies for
establishing a plant hospital at the original address or other
locations. Whereas the operation permit is terminated according
to provisions in Article 23, this does not apply.
Article 23
The following provisions shall be followed for plant hospitals
discontinuing or suspending operation or modification of contents
within the original registration (within 30 days of such facts
happening), or those resume operation (before 30 days of resumption):
1.For suspension, apply for operation permit termination at the
original issuing competent authority.
2.For discontinuation or resumption, submit a report to the
authority issuing the operation permit for its reference.
3.For modification of registered contents within registration of
commencing operation, apply for approval at the authority
issuing the operation permit for its reference. Whereas moving
to another municipal or county (city), shall follow the
provisions in Article 19 paragraph 1.
A plant hospital suspending operation for more than one year shall
be considered a termination of operation; the original permit
issuing authority shall terminate the operation permit.
While processing the matters per provisions of paragraph 1, the
discontinuation, suspension, resumption, and modification of
practice licenses of the affiliated plant doctors shall be
conducted simultaneously.
The procedure, documents to submit for the application of
termination, submit for reference, application for modification
of registered contents within operation permit; remarks,
replacement, cancellation of the operation permit, as well as
recognition of the suspending durations and other relevant matters,
are to be prescribed by the central competent authority.
Article 24
A plant hospital shall display prominently its operation permit,
hours of operations, general treatment rules, and the practice
licenses and certificates of in-house plant doctors.
In case the operation permit of a plant hospital or the certificate,
the practice license of a plant doctor is defaced, lost, or missing,
the relevant party shall apply to the competent authority for its
replacement and re-issuance.
Article 25
A non-plant hospital or non-plant doctor shall not write or post
plant health service advertisements.
A plant hospital and plant doctor shall not publish or distribute
misleading or false advertisements about its practice.
Article 26
A plant hospital shall provide a list of itemized costs and receipts.
Article 27
The competent authority shall collect fees for issuing plant doctor
certificates, practice licenses, and operation permits (of entities).
The amount of fees shall be prescribed by the central competent
authority.
Chapter 4 Penalties
Article 28
A plant hospital hires or retains a person who does not hold a
plant doctor certificate to perform unauthorized certificate
issuance duties of a plant doctor shall be subject to a fine
ranging from NT$30,000 to NT$150,000; in addition, its operation
permit may be terminated.
For the following situations, a fine ranging from NT$30,000 to
NT$150,000 shall be imposed on a plant hospital; if the violation
is repeated within five years, a penalty of suspending operation
for one month to one year may be applied in addition:
1.Hiring or retaining a plant doctor suspended from practice for
a period or whose practice license terminated in accordance
with the provisions of Article 29, Article 30, and paragraph 1
of Article 35 to perform certificate issuance duties of a plant
doctor.
2.Apparent negligence of management, resulting in unauthorized
use of practicing plant doctor’s signature or altering the
signed diagnosis and treatment records, plant pest identification
reports, diagnosis certificate of plant pest management suggestions
or relevant plant health certification documents.
Article 29
For the following situations, a fine ranging from NT$30,000 to
NT$150,000 shall be imposed on a plant doctor; if the violation
repeated within five years, a penalty of suspending practice for
one month to 1 year or termination of practice license may be
applied in addition:
1.In violation of provisions in paragraph 1 of Article 13, making
entries inconsistent with facts on diagnosis and treatment
records, or issuing plant pest identification reports, diagnosis
certificate of plant diseases and pests, plant pest management
suggestions, or relevant plant health certification documents
that are inconsistent with diagnosis and treatment records.
2.In violation of Article 15, making a false statement or report
when responding to government inquiries or entrusted with legal
examination.
3.In violation of Article 16, failure to follow the instruction
of competent authority on plant diseases and pests management
matters.
Article 30
In violation of provisions in Article 17, a plant doctor who rents
out or loans his or her certificate or practice license to a third
party shall be subject to a fine ranging from NT$30,000 to NT$150,000
and shall take corrective action by a deadline; those who fail to
improve beyond the time limit will be successively punished; for
the severe circumstances, the plant doctor certificate or practice
license may be terminated.
Article 31
In violation of paragraph 1 of Article 7, any person performing
unauthorized certificate issuance duties of a plant doctor without
having a plant doctor certificate shall be subject to a fine
ranging from NT$30,000 to NT$150,000.
Article 32
For the following situations, a fine ranging from NT$5,000 to
NT$25,000 shall be imposed on a plant doctor, and shall take
corrective action by a deadline; those who fail to improve beyond
the time limit will be successively punished:
1.In violation of paragraph 1 of Article 9, practicing without
application for registration of practice at the competent local
municipal, county (city) authority of which the practicing
facility is located.
2.In violation of paragraph 3 of Article 9, failure to complete
continuing education, obtain credits or apply for practice
license renewal within a specified deadline.
3.Failure to complete discontinuation, suspension, resumption of
practice or modification of contents within the original applied
practice license as per the provisions in paragraph 1 of Article
11.
4.In violation of paragraph 2 of Article 13, failure to make
entries of diagnosis and treatment records in Chinese when
performing duties, failure to submit the diagnosis and treatment
records to the practicing facility for archiving; or in violation
of the provisions about announced contents that shall be recorded,
and making of diagnosis and treatment records set forth in
paragraph 3 of Article 13.
Article 33
For the following situations, a person shall be subject to a fine
ranging from NT$3,000 to NT$15,000 and shall take corrective action
by a deadline; those who fail to improve beyond the time limit will
be successively punished:
1.In violation of Article 6, being designated the title of plant
doctor, nor use a name which may mislead the public into believing
that is a plant doctor without holding a plant doctor certificate.
2.A plant doctor violating the provisions in paragraph 1 of Article
12, practicing without joining the local plant doctors’ association
of the registered practicing sites.
3.A plant doctors’ association violating the provisions in
paragraph 2 of Article 12, refusing anyone with sufficient
qualifications to join the association.
4.A practicing facility violating the provisions about the
announced storage method and retention period of diagnosis and
treatment records set forth in paragraph 3 of Article 13.
5.In violation of the provisions in paragraph 1 of Article 18,
evade, obstruct, or refuse the inspection by a competent
authority.
6.In violation of the provisions in paragraph 1 of Article 19,
commencing operation without holding an operation permit, or a
plant hospital continues its operation after the operation permit
is revoked or terminated.
7.A plant hospital not established in accordance with the standards
set forth in paragraph 2 of Article 19.
8.In violation of the provisions in paragraph 1 of Article 21, an
entity that is not a plant hospital using the name of a plant
hospital or other names that may mislead the public into believing
that it is a plant hospital, or a plant hospital violating the
provisions about announced guidelines for using and changing the
names set forth in paragraph 2 of Article 21.
9.A plant hospital failed to complete discontinuation, suspension,
resumption of operation or modification of contents within the
original registration of commencing operation as per the provisions
in paragraph 1 of Article 23.
10.In violation of the provisions in paragraph 1 of Article 24,
a plant hospital failed to prominently display its operation
permit, hours of operations, general treatment rules, and the
practice licenses and certificates of in-house plant doctors.
11.In violation of the provisions in paragraph 1 of Article 25,
a non-plant hospital or non-plant doctor writes or posts plant
health service advertisements.
12.In violation of the provisions in paragraph 2 of Article 25,
a plant hospital or plant doctor publishes or distributes
misleading or false advertisements about its practice.
13.In violation of the provisions in paragraph 2 of Article 26,
a plant hospital failed to provide a list of itemized costs
and receipts.
In addition to the punishments pursuant to the provisions in item
(6) of the previous paragraph, for a plant hospital continuing
its operation after the operation permit is revoked or terminated,
the certification of its plant doctor-in-charge may also be
terminated.
Article 34
In violation of the provisions in Article 14, a plant doctor
failed to instruct on methods of control and isolation, or failed
to notify the competent authority within 24 hours of the plant
species involved, name of the pest, name and address of the owner
or manager of such plants, shall be subject to a fine ranging from
NT$3,000 to NT$15,000.
Article 35
The practice license of a plant doctor shall be terminated if he
or she continues to practice after receiving a punitive suspension.
The certificate of a plant doctor shall be terminated if he or she
continues to practice despite the termination of his or her practice
license.
The operation permit of a plant hospital may be terminated if
remaining in operation after receiving a punitive suspension order.
Article 36
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 plant doctor
shall be imposed by the central competent authority.
Chapter 5 Associations
Article 37
There are two tiers of plant doctors professional groups:
1.Plant doctors’ associations at the local level (of the municipality,
city, or county).
2.National federation of plant doctors’ associations.
Article 38
A plant doctors’ association is to be organized based on the
administrative jurisdiction, and each jurisdiction is to have only
one association for the specific tier.
Article 39
Municipal, county (city) plant doctors’ associations are to be
initiated by more than 9 nine plant doctors for practice
registration in such jurisdictions; if fewer than 9 nine were in
a jurisdiction, they may join the association in a neighboring
jurisdiction, or form a join t association.
Setting up a national federation of plant doctors’ associations
shall require the initiation of more than one-third of all plant
doctors’ associations at local tiers before initiation.
Municipal and, county (city) plant doctors’ associations shall
join the National federation of plant doctors’ associations as
members.
Article 40
The competent authority of plant doctors’ associations at any
tier shall be the social administration competent authorities of
its jurisdiction. However, the program activities and business
affairs of a plant doctors’ association shall be under the
direction and supervision of the competent authorities.
Article 41
Each plant doctors’ 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 municipality or county (city)
plant doctors’ association.
2.No more than 35 directors at the national federation of plant
doctors’ associations.
3.The number of supervisors shall not exceed one third of the
number of directors of each association.
4.Each plant doctors’ association shall have alternate directors
and supervisors; this number shall not exceed one third of the
number of directors and supervisors.
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.
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 42
A plant doctors’ association shall prepare a by-law, a membership
list and staff resumes to apply for approval and registration with
its jurisdiction's social administration competent authorities and
file for record at the competent authority.
Article 43
The by-law of a plant doctors’ association at all tiers shall
contain the following items:
1.The name;
2.Mission;
3.Jurisdiction/territory;
4.Address;
5.Functions;
6.Organization;
7.Induction, withdrawal and expulsion of members;
8.Rights and obligations of members;
9.The numbers 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.Membership fees and accounting;
13.Amendment of by-laws;
14.Other items required by relevant regulations.
Article 44
Plant doctors’ associations at all tiers shall report the following
items to the social administration competent authorities as well
as the competent authority:
1.List of membership and induction/withdrawal of members.
2.The election directors/supervisors and names of electees.
3.Minutes of general meetings, board of directors and board of
supervisors meetings.
4.Changes in by-laws.
Article 45
If a plant doctors’ 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 administration
competent authority.
The sanction of the previous paragraph may also be prescribed by
the competent authority if necessary.
Article 46
Acting on the resolutions of a board meeting or general/delegate
meeting, a plant doctors’ 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 administration competent authorities, which will
seek consent in consultation with the competent authority.
Chapter 6 Supplementary Provisions
Article 47
The competent authority shall recognize and reward the achievements
of plant doctors who have made significant contributions to
phytosanitary or other plant protection tasks.
Article 48
A foreigner may take the examination for plant doctors in accordance
with the laws of the Republic of China.
Provisions in this Act and relevant laws about plant doctors are
applicable to a foreigner possessing a plant doctor certificate
after passing the examination set forth in the previous paragraph.
Article 49
The provisions in this Act are not applicable to agronomy,
horticulture and forestry technicians performing their duties
pursuant to the Professional Engineers Act and other relevant
regulations.
Article 50
The enforcement rules of this Act shall be stipulated by the
central competent authority.
Article 51
This Act shall take effect starting from the date of promulgation. |