Medical Care Act Article 45

This English translation was last updated on 2023-06-28, but the Chinese text was amended on 2026-09-23. Later amendments may not be reflected in the translation — please refer to the Chinese text.

In the case that a medical care corporate director is not elected or replaced after the previous one has fulfilled his/her term, which results in clear damage to the organization of the board of directors, the central competent authority shall appoint a replacement director according to the petition of other directors or interested parties. The regulations regarding appointment shall be determined by the central competent authority. In the case that a medical care corporate director is in violation of the law or bylaws, resulting in harm done to the juridical person, is harmful to the interests of the established institution, and causes an inability to operate normally, the central competent authority may order said director to temporarily cease from his/her duties or dismiss him/her according to the petition of other directors or interested parties. The temporary cessation from duties referred to in the preceding Paragraph shall not exceed six months. In the case that the cessation from duties results in clear damage to the organization of the board of directors, the central competent authority shall appoint a temporary director in replacement. The appointment of the temporary director shall be exempt from registration, and shall be appointed in accordance with provisions provided for in the first Paragraph.
中文原文 醫療法第45條
醫療財團法人之董事,任期屆滿未能改選或出缺未能補任,顯然妨礙董事會組織健全之虞者,中央主管機關得依其他董事、利害關係人之申請或依職權,選任董事充任之;其選任辦法,由中央主管機關定之。
醫療財團法人之董事違反法令或章程,有損害該法人或其設立機構之利益或致其不能正常營運之虞者,中央主管機關得依其他董事或利害關係人之聲請或依職權,命令該董事暫停行使職權或解任之。
前項董事之暫停行使職權,期間不得超過六個月。
於暫停行使職權之期間內,因人數不足顯然妨礙董事會組織健全之虞者,中央主管機關應選任臨時董事暫代之。
選任臨時董事毋需變更登記;其選任,準用第一項選任辦法之規定。

English translation for reference only; the Chinese text prevails. Not legal advice.