Violation of the Medical Service Act

Unlicensed medical practice refers to a case where a person without a medical license performs a medical act, or where a licensed medical practitioner performs a medical act beyond the scope of the practitioner's license.

This is strictly prohibited under the Medical Service Act, and because it can pose a serious risk to public health, strong criminal punishment is imposed.

▶ Article 87-2 of the Medical Service Act (Penal Provisions)

The act of a medical institution or medical professional advertising medical services with content that is false or exaggerated also constitutes a violation of the Medical Service Act.

False or exaggerated advertising is conduct that is clearly prohibited under the Medical Service Act, and if detected, an administrative disposition together with criminal sanctions may be imposed concurrently on the medical professional or medical institution that is the advertising party.

▶ Article 89 of the Medical Service Act (Penalty Provisions)

When establishing or operating a medical institution, the requirements and procedures prescribed by law must be strictly observed.

An office-manager hospital refers to conduct in which a person without legal qualification actually establishes or operates a medical institution.

▶ Penalties for office-manager hospitals

A medical record is an important document that records and stores the contents of a patient's treatment.

Falsely preparing a medical record, or failing to manage and store it according to statutory standards, constitutes a violation of the Medical Service Act.

▶ Article 88 of the Medical Service Act (Penalty Provisions)

Pursuant to Articles 65 and 66 of the Medical Service Act, where the following grounds exist, the Minister of Health and Welfare may suspend or revoke a license.

▶ Examples of grounds for a license suspension disposition

▶ Examples of grounds for a license revocation disposition

If such a disposition is received, the person becomes unable to perform medical practice for a certain period, and in serious matters, the person may permanently lose their qualification as a medical practitioner.

Even where an administrative disposition is imposed, relief may be available under certain conditions if the following grounds exist.

▶ Conditions for possible reissuance

※ Regulations on completing the education

Where a person voluntarily reports a violation of the Medical Service Act, the disposition suspending the license may be mitigated or exempted.

The actual level of the disposition may vary depending on the discretion of the Ministry of Health and Welfare or the judgment of the administrative appeals commission, so it is very important to prepare the procedures for stating opinions and raising objections diligently.

When a matter involving a violation of the Medical Service Act is received by an investigative agency, the person undergoes police investigation in the capacity of a suspect or a witness.

At this point, the content of the statements directly affects the decision on whether to indict and the level of administrative disposition, so a careful approach is needed.

① Organizing the Facts

It is advisable to organize in advance the course of one's own medical practice and the related records (medical records, internal regulations of the medical institution, and the like).

② Maintaining Consistent Answers Even to Repeated Questions

A method of confirming points of suspicion by repeating the same question is frequently used, so one must respond with a consistent attitude in order not to lose credibility.

③ Maintaining Composure Even Under the Investigator's Pressure

Even when the investigator questions in a strong tone or tries to lead the answers, one should take care not to become agitated or to make unnecessary statements.

④ Preparing Materials for Submission and Explanation

Through objective materials such as medical records, relevant guidelines, and internal reports, one must establish the justification for the alleged violation or the absence of intent or negligence.

If a disposition arising from a violation of the Medical Service Act is considered unjust, it may be contested through the following legal remedy procedures.

▶ Administrative adjudication

Where a party does not accept a disposition, a request for adjudication may be filed with bodies such as the Central Administrative Adjudication Commission, and this procedure has the advantage of being relatively simple and involving a low cost burden.

Administrative adjudication must be requested within 90 days from the date on which the party became aware that the disposition had been made, or within 180 days from the date on which the disposition was made.

▶ Administrative litigation

A party may either not accept the result of administrative adjudication, or file administrative litigation directly without going through administrative adjudication.

The court determines whether the disposition is illegal, and the litigation must be filed within 90 days from the date on which the party became aware that the disposition or similar action had been made.