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National Assembly Legislation

  • Medical Service Act
    • Competent Ministry : Ministry of Health and Welfare
    • Advance Publication of Legislation : 2018-09-06
    • Opinion Submission Deadline : 2018-09-20
Reasons for Proposal

Under the current Act, grounds on which to revoke the licenses of medical personnel include cases falling under the grounds for disqualification, cases where the medical personnel have engaged in medical practice during a period for suspension of qualifications, and cases where the medical personnel have leased their license certificates. However, there are no grounds on which to revoke the license or suspend the qualifications of medical personnel who have been sentenced after committing a sexual crime against a patient during medical treatment or causing patient casualties due to occupational negligence, which has sparked growing criticism.
Moreover, medical personnel whose licenses have been revoked are restricted from re-issuance for only a maximum of three years, and critics point out that this is an insufficient penalty against medical personnel who have committed an illegal act.
Accordingly, the Amendment adds cases where medical personnel have been sentenced after committing a sexual crime during medical practice or causing patient casualties due to occupational negligence to the list of grounds for license revocation or disqualification of medical personnel; and increases the period during which medical personnel whose licenses have been revoked are restricted from re-issuance; thereby aiming to strengthen penalties against illegal acts committed by medical personnel (Article 65 and Article 66).

Major Provisions

Allow revocation of the licenses of medical personnel who have been sentenced after committing a sexual crime during medical practice or causing patient casualties due to occupational negligence (Article 65)

Allow suspension of the qualifications of medical personnel who have been sentenced to a fine after committing a sexual crime during medical practice or causing patient casualties due to occupational negligence (Article 66)

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