Clipping Board » Medical Affairs and Administration ─ Medical system, pharmaceuticals, and medical community-related reports
Chen Yaozong, April 6, 2017, The Storm Media
A draft amendment to certain provisions of the *Medical Care Act* was preliminarily reviewed and passed today (6th) by the Social Welfare and Environmental Hygiene Committee of the Legislative Yuan. In the future, if members of the public openly insult others and obstruct medical operations, they will face fines ranging from NT$30,000 to NT$50,000. If individuals use violence, threats, intimidation, or other illegal means to obstruct medical personnel or emergency medical responders from performing their duties, they may be sentenced to up to three years in prison and fined up to NT$300,000. Kuomintang (KMT) convener Lee Yen-hsiu stated that the purpose of the amendment is not to impose fines but to raise public awareness about the importance of frontline medical personnel and the rights of patients in the workplace.
The current *Medical Care Act* Article 24 does not include "open insults," leading to situations where anxious family members verbally abuse medical staff without legal consequences. The amendment now includes this provision to more comprehensively protect medical personnel from violence, threats, intimidation, open insults, or other illegal actions by patients or their families. If criminal liability is involved, the case will be referred to judicial authorities. Additionally, the amendment requires the central competent authority to establish a reporting mechanism and regularly disclose incidents and outcomes involving medical institutions.
**Violence or threats against medical personnel obstructing medical operations may result in up to three years in prison.**
Under the revised Article 106, anyone who uses violence, threats, intimidation, or other illegal means to obstruct medical personnel or emergency responders from performing their duties may be sentenced to up to three years in prison and fined up to NT$300,000. The current provision for "detention" has been removed, allowing judicial authorities to determine penalties based on the circumstances.
**Exempting medical personnel from clinical criminal liability awaits supplementary measures from the competent authority.**
Regarding Article 82, medical disputes often lead to patients or families using "criminal pressure for civil settlements," burdening frontline medical personnel with prolonged litigation. Originally, Democratic Progressive Party (DPP) legislator Chiu Tai-yuan and KMT legislator Lee Yen-hsiu proposed amendments to exempt medical personnel from criminal liability unless they exceed clinical discretion. However, some DPP legislators opposed this, arguing that it disproportionately favors medical personnel and deprives patients and families of their litigation rights.
Convener Lee Yen-hsiu ultimately ruled that the provision would await supplementary measures from the Ministry of Health and Welfare (MOHW). A special report will be requested at a later date, and the review of the *Medical Care Act* amendments will continue. Articles 24 and 106 were passed without requiring cross-party negotiations.
**People First Party proposes "appointed agents" in the law; MOHW states current regulations already cover this.**
The People First Party caucus proposed including "medical appointed agents" in the law to protect unmarried individuals, same-sex partners, and religious groups. However, the MOHW argued that current regulations already allow legal representatives, spouses, relatives, or related persons to sign on behalf of patients. The definition of "related persons" under MOHW announcements already encompasses, but is not limited to, designated medical appointed agents. The committee recommended no changes. Ultimately, the People First Party submitted an additional resolution urging the MOHW to review relevant administrative orders.
After the meeting, Lee Yen-hsiu stated that the key to enforcing the amendment lies in frontline prosecutors and judges imposing stricter penalties. The goal is not to collect fines but to emphasize the importance of frontline medical personnel and patient rights. "If you resort to violence, you may harm innocent third or even fourth parties, so stricter penalties are necessary."As for Article 82, Lee Yen-hsiu stated that she does not want doctors to bear additional criminal liabilities during the treatment process. Conversely, if patients believe there has been negligence during medical care, protecting patient rights or addressing doctors' criminal liabilities are both important. However, the supporting measures proposed by the Ministry of Health and Welfare are insufficient and fail to convince everyone. She hopes to clearly define the issues before discussing Article 82 further. Once the Ministry of Health and Welfare presents its version, which is expected to take about a month, there will still be time for discussion before the legislative session ends.
Source: http://www. storm. mg/ article/ 245181
Revised Medical Law: up to NT$50,000 Fine for Insulting Medical Staff
A draft amendment to certain provisions of the *Medical Care Act* was preliminarily reviewed and passed today (6th) by the Social Welfare and Environmental Hygiene Committee of the Legislative Yuan. In the future, if members of the public openly insult others and obstruct medical operations, they will face fines ranging from NT$30,000 to NT$50,000. If individuals use violence, threats, intimidation, or other illegal means to obstruct medical personnel or emergency medical responders from performing their duties, they may be sentenced to up to three years in prison and fined up to NT$300,000. Kuomintang (KMT) convener Lee Yen-hsiu stated that the purpose of the amendment is not to impose fines but to raise public awareness about the importance of frontline medical personnel and the rights of patients in the workplace.
The current *Medical Care Act* Article 24 does not include "open insults," leading to situations where anxious family members verbally abuse medical staff without legal consequences. The amendment now includes this provision to more comprehensively protect medical personnel from violence, threats, intimidation, open insults, or other illegal actions by patients or their families. If criminal liability is involved, the case will be referred to judicial authorities. Additionally, the amendment requires the central competent authority to establish a reporting mechanism and regularly disclose incidents and outcomes involving medical institutions.
**Violence or threats against medical personnel obstructing medical operations may result in up to three years in prison.**
Under the revised Article 106, anyone who uses violence, threats, intimidation, or other illegal means to obstruct medical personnel or emergency responders from performing their duties may be sentenced to up to three years in prison and fined up to NT$300,000. The current provision for "detention" has been removed, allowing judicial authorities to determine penalties based on the circumstances.
**Exempting medical personnel from clinical criminal liability awaits supplementary measures from the competent authority.**
Regarding Article 82, medical disputes often lead to patients or families using "criminal pressure for civil settlements," burdening frontline medical personnel with prolonged litigation. Originally, Democratic Progressive Party (DPP) legislator Chiu Tai-yuan and KMT legislator Lee Yen-hsiu proposed amendments to exempt medical personnel from criminal liability unless they exceed clinical discretion. However, some DPP legislators opposed this, arguing that it disproportionately favors medical personnel and deprives patients and families of their litigation rights.
Convener Lee Yen-hsiu ultimately ruled that the provision would await supplementary measures from the Ministry of Health and Welfare (MOHW). A special report will be requested at a later date, and the review of the *Medical Care Act* amendments will continue. Articles 24 and 106 were passed without requiring cross-party negotiations.
**People First Party proposes "appointed agents" in the law; MOHW states current regulations already cover this.**
The People First Party caucus proposed including "medical appointed agents" in the law to protect unmarried individuals, same-sex partners, and religious groups. However, the MOHW argued that current regulations already allow legal representatives, spouses, relatives, or related persons to sign on behalf of patients. The definition of "related persons" under MOHW announcements already encompasses, but is not limited to, designated medical appointed agents. The committee recommended no changes. Ultimately, the People First Party submitted an additional resolution urging the MOHW to review relevant administrative orders.
After the meeting, Lee Yen-hsiu stated that the key to enforcing the amendment lies in frontline prosecutors and judges imposing stricter penalties. The goal is not to collect fines but to emphasize the importance of frontline medical personnel and patient rights. "If you resort to violence, you may harm innocent third or even fourth parties, so stricter penalties are necessary."As for Article 82, Lee Yen-hsiu stated that she does not want doctors to bear additional criminal liabilities during the treatment process. Conversely, if patients believe there has been negligence during medical care, protecting patient rights or addressing doctors' criminal liabilities are both important. However, the supporting measures proposed by the Ministry of Health and Welfare are insufficient and fail to convince everyone. She hopes to clearly define the issues before discussing Article 82 further. Once the Ministry of Health and Welfare presents its version, which is expected to take about a month, there will still be time for discussion before the legislative session ends.
Source: http://www. storm. mg/ article/ 245181