Dental Technicians Act

Link to law: http://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?PCode=L0020150

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Chapter One General Provisions

Article 1

Citizens of the Republic of China may practice as a dental technician after passing the dental technician qualification examination and obtaining a dental technician certificate according to this Act.

Article 2

Citizens of the Republic of China may practice as an assistant dental technician after passing the assistant dental technician qualification examination and obtaining an assistant dental technician certificate according to this Act.

Article 3

The term “competent authority” referred to herein shall mean the Department of Health, Executive Yuan at the central government level, the municipality governments at special municipality level, and the county (city) governments at the county (city) level.

Article 4

Persons graduated from the dental laboratory technology section or department of a public or registered private college or higher or a foreign college or higher accredited by the Ministry of Education who have completed practical training, passed the training, and received a diploma are eligible to take qualification examination for dental technician.

Article 5

Persons graduated from the dental laboratory technology section or department of a public or registered private senior medical vocational school or higher or a foreign senior medical vocational school or higher accredited by the Ministry of Education who have completed practical training, passed the training, and received a diploma are eligible to take qualification examination for assistant dental technician.

Article 6

For the application of dental technician certificate or assistant dental technician certificate, the applicant shall submit an application form together with qualification documents to the central competent authority for approval and issuance.

Article 7

Persons without a dental technician certificate or an assistant dental technician certificate shall not use the designation of dental technician or assistant dental technician.

Article 8

Persons whose dental technician certificate or assistant dental technician certificate is annulled pursuant to this Act shall not practice as a dental technician or assistant dental technician.

Chapter Two Practice

Article 9

Dental technicians shall first apply to the municipality or county (city) authority at the intended place of practice for practice registration and obtain a practice license before starting the practice.
Practicing dental technicians shall receive continuing education, and complete certain hours of continuing education courses every six years for license renewal.
Regulations governing the qualifications, criteria, and required documentation for the application of practice registration as well as issuance, change and re-issuance of practice license mentioned in Paragraph 1 hereof, and the curricula, scores, implementation methods, determination of completion of continuing education courses, and renewal of license mentioned in the preceding paragraph and other matters to be complied with shall be set forth by the central competent authority.

Article 10

Dental technicians with any of the following conditions shall not be issued a practice license; those who have received a license shall have their license annulled:
1. Having had dental technician certificate annulled.
2. Having had dental technician license annulled and one year has not elapsed since.

Article 11

Dental technicians shall practice at one place only, which must be a registered medical institution, a dental clinic or a dental laboratory approved by the municipality or county (city) authority. 

Article 12

Dental technicians shall perform dental laboratory work according to the written orders of the dentists or assistant dentists.
The “dental laboratory work” referred to in the preceding paragraph means the fabrication, repair or processing of crowns, bridges, implants, inlays, orthodontic devices or dentures for oral and dental treatment.
Dentists may perform dental laboratory work for the purpose of performing medical services.
Assistant dentists may perform dental laboratory work for the purpose of performing dental restoration and prosthetic work.

Article 13

In case of suspension or cessation of practice, a dental technician shall report to the original competent authority that issued the practice license for reference within thirty (30) days after the occurrence of fact.
The suspension of practice mentioned in the preceding paragraph shall be limited to one year. A dental technician shall report cessation of practice if he or she has suspended practice for more than one year.
The provisions for the practice of dental technician shall apply mutatis mutandis to dental technicians who change place of practice or resume practice.
Upon death of a dental technician, the original competent authority that issued the practice license shall annul the license of the deceased dental technician.

Article 14

Practicing dental technicians and assistant dental technicians shall join the local dental technicians association.
A dental technicians association may not reject applicants who are eligible for membership.

Article 15

Dental technicians shall not refuse or make false statements or reports when inquired by health, judicial or judicial police agencies.

Article 16

Practicing dental technicians shall not perform impression taking, dual-arch impression taking, fitting, installing or other treatment works inside the oral cavity.

Article 17

The provisions in this Chapter on the practice of dental technicians shall apply mutatis mutandis to the practice of assistant dental technicians.

Chapter Three Dental Laboratory

Article 18

A dental technician or an assistant dental technician may establish a dental laboratory to perform specifically dental laboratory work. 
To apply for the establishment of a dental laboratory, the dental technician must have performed dental laboratory work for at least two years; the assistant dental technician must have performed dental laboratory work for at least five years. 
The years of practice mentioned in the preceding paragraph are recognized only if the dental technician or assistant dental technician has a dental technician certificate or an assistant dental technician certificate and has registered his or her practice with the municipality or county (city) authority according to law. Notwithstanding the foregoing, the actual years of service rendered by a practicing dental technician or assistant dental technician before this Act is promulgated are also recognized.

Article 19

To open a dental laboratory, a dental technician or an assistant dental technician shall apply to the municipality or county (city) authority at the place of business for registration and issuance of a business license.
The staffing, facilities and other requirements for the establishment of a dental laboratory shall be set forth by the central competent authority.

Article 20

The dental technician or assistant dental technician who applied for the establishment of the dental laboratory shall be the responsible dental technician or responsible assistant dental technician in charge of overseeing the business of the laboratory.
If the responsible dental technician or assistant dental technician is unable to conduct business, the dental laboratory may appoint a substitute who meets the qualification requirement for responsible dental technician or responsible assistant dental technician. Where the period of substitution exceeds one month, the original competent authority that issued the business license shall be informed for reference purpose.
The period of substitution mentioned in the preceding paragraph shall not be longer than one year.

Article 21

The name and name change of a dental laboratory shall be subject to the approval of the municipality or county (city) authority at where the laboratory is established.
A non-dental laboratory shall not represent itself as a “dental laboratory” or use a name with similar connotation.

Article 22

A dental laboratory shall not use the following names:
1. A name that has been registered and used by another dental laboratory in the same municipality or county (city).
2. A name identical or similar to that used by a dental laboratory in the same municipality or county (city) that has had its business license annulled less than one year ago or has been ordered to suspend its business.
3. A name that tends to give people the wrong impression that it is associated with a government agency or a public interest organization, or a name that is against public order or social decency.

Article 23

In case of suspension or closing of business or change of registration information, a dental laboratory shall report to the original competent authority that issued the business license for reference within thirty (30) days after the occurrence of fact.
The provisions for the establishment of dental laboratory shall apply mutatis mutandis to dental laboratories that move their business premises or resume business operation. 

Article 24

Dental laboratories shall post their business license and the licenses of practicing dental technicians and/or assistant dental technicians at a conspicuous place.

Article 25

Dental laboratories should be kept clean, tidy, quiet and in good order without disrupting public sanitation and safety.

Article 26

Dental laboratories shall produce business records and keep such records together with the written work orders issued by dentists or assistant dentists.
The records and written work orders mentioned in the preceding paragraph shall be kept for at least seven (7) years. 

Article 27

A dental laboratory shall provide reports as required by law or as notified by the competent authorities, and receive the inspection and data inquiry by the competent authorities on their personnel, equipment, sanitation, safety, and operation.

Article 28

Dental technicians, assistant dental technicians and personnel of the dental laboratories shall not disclose without justification confidential information of others they learn or hold through business.

Chapter Four Penal Provisions

Article 29

A dental technician or assistant dental technician who lends or leases his or her license or certificate to others shall have dental technician or assistant dental technician certificate annulled and the case shall be forwarded to the prosecutor’s office according to law if the act involves criminal responsibility. 

Article 30

Except for people who conform to the provisions in Paragraph 3 or Paragraph 4 of Article 12, Paragraph 1 of Article 57, or Paragraph 1 of Article 58 herein, people without the qualification of dental technician or assistant dental technician but performing dental laboratory work shall be subject to a fine of not less than NT$30,000 and not more than NT$150,000. However the preceding provision does not apply to the following people who receive practical training under the supervision of a dentist or dental technician:
1. Students of department of dentistry, or section or department of dental laboratory technology; or
2. Graduates within five years from the date of receiving a diploma from a department of dentistry, or section or department of dental laboratory technology.

Article 31

Violations of Paragraph 1 of Article 12, Article 15 or Article 16 herein shall be subject to a fine of not less than NT$20,000 and not more than NT$100,000. If the violation is of serious nature, the dental technician or the assistant dental technician shall in addition have practice suspended for one month up to one year, or have practice license, or dental technician certificate or assistant dental technician certificate annulled. Where the act of the dental technician or the assistant dental technician involves criminal responsibility, the case shall be forwarded to the prosecutor’s office according to law.

Article 32

A dental laboratory having any of the situations below shall be subject to a fine of not less than NT$30,000 and not more than NT$150,000. If the violation is of serious nature, the dental laboratory shall have its business license annulled:
1. Allowing personnel without the qualification of dental technician or assistant dental technician to perform dental laboratory work at own discretion;
2. Allowing personnel to perform medical services; or
3. Not suspending business practice when receiving the order to suspend business.

Article 33

Violations of Article 7, Paragraph 1 of Article 19, Paragraph 2 of Article 21, Paragraph 2 of Article 23 or Article 28 herein shall be subject to a fine of not less than NT$30,000 and not more than NT$150,000.

Article 34

A dental technician or an assistant dental technician in violation of Paragraph 1 or Paragraph 2 of Article 9, Article 11, Paragraph 1 or Paragraph 3 of Article 13, or Paragraph 1 of Article 14 herein shall be subject to a fine of not less than NT$10,000 and not more than NT$50,000, and in addition, shall be ordered to take remedial action within a prescribed time period. Violator who have been penalized and fail to comply after being notified three times to take remedial action within a prescribed time period shall have practice suspended for one month up to one year.
A dental technicians association in violation of Paragraph 2 of Article 14 herein shall be subject to a fine of not less than NT$ 10,000 and not more than NT$ 50,000 by the competent authority of civil organizations and be ordered to take remedial actions within a prescribed time period. Violator that fails to take remedial action within the prescribed time period shall be fined consecutively on a daily basis.

Article 35

A dental laboratory in violation of Paragraph 2 of Article 20, Paragraph 1 of Article 21, Paragraph 1 of Article 23, or any article from Article 24 to Article 27 herein or failing to meet the requirements set forth by the central competent authority pursuant to Paragraph 2 of Article 19 herein shall be subject to a fine of not less than NT$10,000 and not more than NT$50,000.
A dental laboratory in violation of Paragraph 2 of Article 20, Paragraph 1 of Article 21, Paragraph 1 of Article 23, or Article 24 or Article 25 herein or failing to meet the requirements set forth by the central competent authority pursuant to Paragraph 2 of Article 19 herein shall be penalized according to the provisions in the preceding paragraph, and in addition, shall be ordered to take remedial action within a prescribed time period. Violators who fail to take remedial action within the prescribed time period shall have business suspended for one month up to one year or have business license annulled.

Article 36

Where the responsible dental technician or the responsible assistant dental technician of a dental laboratory is ordered to suspend practice or has his or her practice license annulled, the dental laboratory shall simultaneously have business suspended or have its business license annulled.
Where a dental laboratory is ordered to suspend business or has its business license annulled, the responsible dental technician or the responsible assistant dental technician shall simultaneously be ordered to suspend practice or have his or her practice license annulled.

Article 37

A dental technician or an assistant dental technician who continues to practice after being ordered to suspend practice shall have his or her practice license annulled. Where the dental technician or the assistant dental technician continues to practice after having his or her practice license annulled, his or her dental technician certificate or assistant dental technician certificate shall be annulled.

Article 38

A dental laboratory that continues to conduct business after having its business license annulled, the responsible dental technician or the responsible assistant dental technician shall have his or her dental technician certificate or assistant dental technician certificate annulled.

Article 39

When a dental laboratory is subject to fines as provided herein, the responsible dental technician or responsible assistant dental technician of the dental laboratory shall be penalized.

Article 40

Unless it is otherwise provided herein, the disposition of fines, practice or business suspension, annulment of practice license or business license mentioned herein shall be executed by the municipality and county (city) authorities; the revocation or annulment of dental technician certificate or assistant dental technician license shall be executed by the central competent authority.

Chapter Five Professional Association

Article 41

Dental technicians associations shall be administrated by the competent authorities of civil organizations. However, enterprises in the industry shall be under the guidance and supervision of the competent authority.

Article 42

Dental technicians associations shall be established at the level of municipality and county (city), and a national union of dental technicians associations may be established.

Article 43

The geographic district covered by a dental technicians association shall follow the prevailing administrative districts. Only one association of the same level may be established in the same district.

Article 44

A dental technicians association at the level of municipality or county (city) may be initiated and organized by more than nine dental technicians and/or assistant dental technicians in the district. If a district has less than nine dental technicians and/or assistant dental technicians, the dental technicians and/or assistant dental technicians in such district may join the association in the adjacent district or join the dental technicians and/or assistant dental technicians in the adjacent district in the establishment of an association.

Article 45

A national union of dental technicians associations may be initiated and organized only after more than one third of dental technicians associations at the municipality and county (city) levels have been established.

Article 46

Directors and supervisors of the dental technicians associations shall be elected by the members (member representatives) at members (member representatives) assembly. Dental technicians associations shall set up board of directors and board of supervisors respectively with the following composition:
1. A municipality or county (city) dental technicians association shall have no more than twenty-seven (27) directors.
2. A national union of dental technicians associations shall have no more than thirty-five (35) directors.
3. The number of directors of a dental technicians association at all levels shall not exceed one half of the total number of members (member representatives).
4. The number of supervisors of a dental technicians association at all levels shall not exceed one third of the total number of directors.
Dental technicians associations at all levels may appoint alternate directors and alternate supervisors; the number of alternates shall not exceed one-third of the number of directors or supervisors respectively in the association.
When a dental technicians association has three or more directors or supervisors, the directors or supervisors shall elect among themselves standing directors or standing supervisors; the number of standing directors and standing supervisors shall not exceed one-third of the number of directors and supervisors respectively. The directors shall also elect among the standing directors a chairman of the board. If the association does not have standing directors, its directors shall elect among themselves a chairman of the board. If the association has more than three standing supervisors, the standing supervisors shall elect among themselves a convener of the board of supervisors.

Article 47

The term of office for directors and supervisors shall be three years, and no more than one half of incumbent directors or supervisors may be re-elected each time. The chairman of the board may be re-elected once only.

Article 48

The elected directors and supervisors of the national union of dental technicians associations are not limited to member representatives designated by the municipality or county (city) dental technicians associations.
The member representatives designated by the municipality or county (city) dental technicians associations to attend the national union of dental technicians associations are not limited to directors and supervisors of the association.

Article 49

A dental technicians association shall convene members (member representatives) assembly once a year. Provisional meetings may be held whenever necessary.
Where a dental technicians association has more than three hundred (300) members, the whole administrative district may be delimited into zones by the distribution of members in compliance with the association charter, and member representatives may be elected from each zone in proportion to the number of members in the zone to convene the assembly of member representatives in lieu of members assembly.

Article 50

A dental technicians association shall draw up an association charter and produce the list of members as well as the list and curriculum vitae of staff, and submit the same to the local competent authority of civil organizations for registration. Copies of the association charter and the aforementioned lists shall be submitted to the central and local competent authorities for reference.

Article 51

The association charter of dental technicians associations at all levels shall contain the following particulars:
1. Name, district, and address of the association;
2. Objectives, organization, and duties;
3. Membership enrollment and withdrawal;
4. Membership fees and the payment deadline;
5. Appointment of member representatives and term of office;
6. Number, power, term of office, election, and discharge of directors and supervisors;
7. Rules of conduct for members (member representatives) assembly, and meetings of board of directors and board of supervisors;
8. Code of ethics and convention to be abided by members;
9. Budgets and accounting;
10. Amendment of association charter; and
11. Other items to be included according to law or necessary for the handling of association affairs.

Article 52

Where a dental technicians association violates any law or its charter, the competent authorities of civil organizations may render the follows dispositions:
1. Warning;
2. Revocation of resolution;
3. Discharge of director and/or supervisor; and
4. Rectification within a prescribed time limit.
The dispositions in Subparagraph 1 and Subparagraph 2 in the preceding paragraph may also be rendered by competent authorities.

Article 53

Municipality and country (city) dental technicians associations are obliged to abide by the charter of and resolutions made by the national union of dental technicians associations.

Article 54

Where members of a dental technicians association violate law or association charter, the association may take action against the member according to its charter and/or the resolution made by board of directors, board of supervisors, or members (member representatives) assembly.

Chapter Six Supplementary Provisions

Article 55

Foreigners and overseas Chinese may take the qualification examination for dental technician according to the laws of the Republic of China.
Foreigners and overseas Chinese who have passed the qualification examination described in the preceding paragraph and obtained the dental technician certificate shall apply for permission as required by law before starting practice. Foreign and overseas Chinese practicing dental technicians shall observe laws and regulations of the Republic of China governing dental laboratory and medical services, the code of ethics for dental technicians, and the charter of dental technicians association. The regulations governing the approval and administration of the practice of foreign and overseas Chinese dental technicians shall be set forth by the central competent authority.

Article 56

Persons who have performed dental laboratory work for at least three years before the promulgation of this Act, have passed the review of the central competent authority, and have graduated from a college or higher are eligible to take special qualification examination for dental technician.
Persons having any of the following qualifications are eligible to take special examination for dental technician:
1. Having performed dental laboratory work for at least three years before the promulgation of this Act, having passed the review of the central competent authority, and having graduated from a high school, senior vocational school or higher; or
2. Having performed dental laboratory work for at least six years before the promulgation of this Act and having taken at least one hundred and sixty (160) hours of continuing education courses given by organizations designated by the central competent authority.
The special qualification examination mentioned in the preceding two paragraphs shall be held five times in five years following the promulgation of this Act.
Persons who have performed dental laboratory work for at least three years before the promulgation of this Act or who have not performed dental laboratory work for three years but meet the qualification for taking the qualification examination for dental technician as provided in Article 4 herein, and have passed the review of the central competent authority may continue to perform such work for five (5) years starting from the date of promulgation of this Act without being subjected to penalties stipulated in Article 30 herein.

Article 57

Persons who have obtained a dental laboratory technician registration certificate according to the Regulations Governing Dental Laboratory Technicians before the promulgation of this Act may continue to perform such work and continue to assist in the dental prosthetic work according to the instructions of a dentist or assistant dentist.
Dental laboratory technicians mentioned in the preceding paragraph shall not practice unless they have joined a local trade association. Regulations governing the business registration, scope of business, business suspension, business closure, change of business place, issue, replacement and re-issue of business license, and other matters to be complied with by dental laboratory technicians shall be set forth by the central competent authority.
A dental laboratory technician who performs services beyond the scope of business stipulated in Paragraph 1 hereof by performing oral medicine, oral surgery, treating dental diseases or rendering other medical services shall be subject to punishment stipulated in Article 28 of the Physicians Act, and shall have his or her registration certificate or business license annulled by the original issuing agency. A dental laboratory technician who violates the regulations governing the business registration, business license, business conduct or business place of dental laboratory technicians set forth by the central competent authority pursuant to the preceding paragraph shall be subject to a fine of not less than NT$10,000 and not more than NT$50,000, and shall be ordered to take remedial action within a prescribed time period. Violators who fail to take remedial action within the prescribed time period shall have business suspended for one month up to one year or have business license annulled.
A dental laboratory technician shall not use a business name that tends to give others the impression of a dental clinic.

Article 58

Persons who have obtained an assistant dentist certificate according to the Regulations Governing Assistant Dentists before the promulgation of this Act may continue to perform dental restoration and prosthetic work.
Regulations governing the business opening and practice registration, scope of business, business suspension, business closure, change of business place or business of practice, issue, replacement and re-issue of business license and practice license, and other matters to be observed by assistant dentists shall be set forth by the central competent authority.
An assistant dentist who violates the regulations governing the business opening and practice registration, business license and practice business, the conduct of business opening and practice, or business place set forth by the central competent authority pursuant to the preceding paragraph shall be subject to a fine of not less than NT$10,000 and not more than NT$50,000, and shall be ordered to take remedial action within a prescribed time period. Violators who fail to take remedial action within the prescribed time period shall have business suspended for one month up to one year or have business license and practice license annulled.
An assistant dentist shall not use a business name that tends to give others the impression of a dental clinic.

Article 59

The standards of fees collected by competent authorities at all levels pursuant to this Act shall be set forth by the central competent authority.

Article 60

The implementation rules of this Act shall be set forth by the central competent authority.

Article 61

This Act shall be implemented on the date of promulgation.