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  • Interpretation
  • No.206
  • Date
  • 1986/06/20
  • Issue
    • Does Article 28-1 of the Physician Law, which provides that the competent public health authority may impose a fine between NT$ 5000 and NT$ 50,000 on a person who is not a certified doctor but runs an advertisement stating that he or she provides medical treatment, deprive a dental technician of the opportunity to practice and is it therefore unconstitutional?
  • Holding
    •        Article 28-1 of the Physician Law provides: “The competent public health authority may impose a fine between NT$ 5000 and NT $50,000 on a person who is not a certified doctor but runs an advertisement stating that he or she provides medical treatment.” The provisions set forth in Article 28-1 of the Physician Law prohibit a person who is not a certified doctor from advertising such service, which is a part of a physician’s medical practice. The provisions set forth in Article 28-1 of the Physician Law do not prohibit a dental technician from erecting a signboard advertising his or her practice. Thus, the provisions set forth in Article 28-1 of the Physician Law do not deprive a dental technician of the opportunity to work and are in compliance with the provisions set forth in Articles 15, 22, 23 and 152 of the Constitution of the Republic of China.   	
      
  • Reasoning
    •        According to the provisions set forth in Articles 6 and 7 of the Rules Governing the Supervision of Dental Technicians, a dental technician can only perform odontrypy (make bridges, dentures, etc.). Such dental technician may not perform any oral surgery or dental treatment. The prevention and treatment of periodontal disease shall be performed only by a certified dentist, not a dental technician. If such dental technician erects a dental clinic signboard indicating that he or she provides the prevention and treatment of periodontal disease, his or her action exceeds the scope of a dental technician authorized by law because such practitioner has advertised that he or she provides such service, which is part of a dentist’s medical practice. 
      
    •        To safeguard the health of the nationals and to prevent undue delay of medical treatment, Article 18 of the Physician Law prohibits false or improper advertising. In addition, Article 28-1 of the Physician Law provides: “The competent public health authority may impose a fine between NT$ 5000 and NT$ 50,000 on a person who is not a certified doctor but runs an advertisement stating that he or she provides medical treatment.” The provisions in Article 28-1 of the Physician Law are set forth to prohibit a person who is not a certified doctor from advertising such service, which is a part of the physician’s medical practice. The provisions do not prohibit a dental technician from erecting a dental technician signboard. Thus, the provisions set forth in Article 28-1 of the Physician Law do not deprive a dental technician of the opportunity to work and are in compliance with the provisions set forth in Articles 15, 22, 23 and 152 of the Constitution of the Republic of China.  
      
    • *Translated by Li-Chih Lin, Esq., J.D.
      
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