醫師法之缺失評析

Comment on the Defects of Physicians Act

衛生福利部於2013年7月23日成立已逾7年，主管的法規，除原先醫護、健保、食品藥物等衛生法規之外，加入數量可觀的社會福利法規。現行衛生法規，存在法條已修正或刪除多年，而罰則未配合修正或刪除的矛盾情形；或各醫事人員法規針對相同的規範事由，無正當理由而為違規寬嚴不一的處分規定，致有違平等原則之疑慮；以及法律明文規定事項，權責機關選擇性執法等缺失。本文舉醫師法規若干缺失及相關問題，作為探討重點，建請中央主管機關儘速檢討修正。

It has been7 years since the Ministry of Health and Welfare established on July 23rd, 2013. The laws and regulations it enforces annexed a great number of social welfare laws besides those health care ones concerning medicine, nursing, health insurance and food and drug administration enforced by the Ministry of Health, its predecessor. However, there are many defects in present health care laws. For example, there may be an article amended or abolished yet its punitive article did not make synchronous change, or there may be several different laws regulate the same behavior of health care personnel where their punishments varies without a unified standard. Other defects exist in some express statutory provisions and selective law enforcement of some competent authorities. The defects and related problems of Physicians Law were discussed as major issues in this article. The findings will be presented to the central authorities as a remedy suggestion.