ENFORCEMENT DECREE OF THE MEDICAL SERVICE TECHNOLOGISTS, ETC. ACT
Wholly Amended by Presidential Decree No. 14983, Apr. 19, 1996
Amended by Presidential Decree No. 15598, Dec. 31, 1997
Presidential Decree No. 15886, Sep. 14, 1998
Presidential Decree No. 16426, jun. 30, 1999
Presidential Decree No. 18312, Mar. 17, 2004
Presidential Decree No. 20679, Feb. 29, 2008
Presidential Decree No. 22075, Mar. 15, 2010
Presidential Decree No. 23296, Nov. 16, 2011
Presidential Decree No. 23488, Jan. 6, 2012
Presidential Decree No. 23759, May 1, 2012
Presidential Decree No. 23802, May 22, 2012
Presidential Decree No. 25738, Nov. 19, 2014
Presidential Decree No. 26130, Mar. 3, 2015
Presidential Decree No. 26742, Dec. 22, 2015
Presidential Decree No. 27633, Nov. 29, 2016
[This Article Wholly Amended by Presidential Decree No. 23802, May 22, 2012]
| Article 1-2 (Duties of Medical Service Technologists by Type) |
| 1. | Medical technologists: The following duties related to various chemical or physiological tests: |
| (a) | Keeping, managing, and using laboratory equipment, instruments, reagents, etc.; |
| (b) | Collecting and testing clinical materials, etc.; |
| (c) | Other duties related to medical laboratory tests, such as collecting and preparing blood and preparing reagents for clinical tests; |
| 2. | Physical therapists: Using and managing equipment, drugs, and medical devices, related to physiotherapy treatments to help patients improve or restore their mobility; |
| 3. | Occupational therapists: Analyzing and assessing patients’ task performance in relation with occupational therapies to help the patients recover from physical or mental functional disorders; |
| 4. | Dental hygienists: Exposing and processing dental x-rays within a public health institution or medical institution; preventing teeth and dental diseases; and controlling dental hygiene. |
[This Article Newly Inserted by Presidential Decree No. 27633, Nov. 29, 2016]
| Article 2 (Scope, etc. of Duties Performed by Medical Service Technologists, Health Record Administrators, and Opticians) |
| (1) | The scope and range of the duties performed by medical service technologists, health record administrators, and opticians referred to in Article 3 of the Act (hereinafter referred to as “medical service technologist, etc.”) shall be determined as follows: <Amended by Presidential Decree No. 26130, Mar. 3, 2015; Presidential Decree No. 27633, Nov. 29, 2016> |
| 1. | Medical technologists: Performing the following duties required for medical laboratory tests in the fields of pathology, microbiology, physiological chemistry, parasitology, hematology, serology, forensic medicine, urine chemistry, and cytopathology; and tests and physiological tests (referring to electrocardiogram, electroencephalograph, and tests of cardiopulmonary functions, base metabolism, and other physiological functions) of clinical materials, etc. using the radioactive isotopes: |
| (a) | Keeping, managing, and using laboratory equipment, instruments, reagents, etc.; |
| (b) | Collecting and testing clinical materials, etc.; |
| (c) | Preparing reagents for clinical tests; |
| (d) | Collecting, preparing, processing, separating, storing, and supplying blood; |
| (e) | Other duties related to medical laboratory tests; |
| 2. | Radiological technologists: Handling ionizing radiation and unionizing radiation; conducting nuclear medicine examinations using the radioactive isotopes; handling medical imaging equipment and ultrasonic diagnostic equipment; and selecting and managing radiographic equipment and accessory devices and supplies; |
| 3. | Physical therapists: Conducting hyperthermia, electrotherapy, light therapy, hydrotherapy, and therapy using equipment and devices; administering massage, functional training, body correctional exercises, and rehabilitation training; using and managing instruments and medication necessary therefor; and performing other physiotherapy treatments; |
| 4. | Occupational therapists: Conducting sensory and activity training, occupational training for daily activities, rehabilitation treatments of cognitive impairment, and rehabilitation treatment of dysphagia utilizing objects or tools used in patients’ daily life to ensure smooth recovery from physical and mental functional disorders; manufacturing upper limb prostheses and training the patients to use them; analyzing and assessing the patients’ task performance; and conducting other occupational therapeutic training and treatments; |
| 5. | Dental technicians: Making, repairing, or customizing dental devices necessary for dentists to treat patients, including dental molds, dental prostheses (including aesthetic prostheses and maxillofacial prostheses), customized implant abutments and crowns, inlays and onlays, and orthodontic appliances; and performing other duties of dental technicians; |
| 6. | Dental hygienists: Removing plaque and deposits; applying fluorides; placing temporary filling and fixtures; removing the temporary fixtures; making impressions of teeth; placing and removing orthodontic braces and wires; and performing other duties required to prevent teeth and oral diseases and teeth and oral hygiene. In such cases, dental hygienists may expose and process dental x-rays within a public health institution or medical institution equipped with a diagnostic radiation generator in compliance with the safety control standards referred to in Article 37 (1) of the Medical Service Act; |
| 7. | Health record administrators: Classifying records on diseases and operations at medical institutions; analyzing medical records; collecting and compiling statistics on medical records; registering cancer patients; and maintaining and verifying various health-related documentation and records, including transcription; |
| 8. | Opticians: Making and selling glasses (limited to those for correcting a person’s vision; hereinafter the same shall apply); selling contact lenses (including those not for correcting a person’s vision; hereinafter the same shall apply). In such cases, opticians may conduct visual acuity tests to verify the correct prescription in a pair of eyeglasses or contact lenses (excluding the visual acuity test conducted using drugs and objective eye refraction tests conducted without using an automated refractor): Provided, That dispensing and selling glasses and selling contact lenses to children aged six or under requires a doctor’s prescription. |
| (2) | Medical service technologists shall perform the duties provided for in paragraph (1) under the instruction of a doctor or dentist. |
[This Article Wholly Amended by Presidential Decree No. 23802, May 22, 2012]
| Article 3 (Scope of National Examinations) |
| (1) | The national examination referred to in Article 6 of the Act (hereinafter referred to as “national examination”) shall be conducted to test the knowledge and skills that each type of medical service technologist, etc. must have in the fields of clinical pathology, radiation, physiotherapy, occupational therapy, dental technology, dental hygienics, health records, optical science, and healthcare-related laws. |
| (2) | The national examination shall be conducted in a written examination and a practical examination; and only a person who has passed the written examination is eligible for taking the practical examination: Provided, That both written examination and practical examination may be conducted together if deemed necessary by the Minister of Health and Welfare. |
| (3) | Subjects of the written examination and the scope of the practical examination referred to in paragraph (2), determination of successful candidates, and other necessary matters shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
[This Article Wholly Amended by Presidential Decree No. 23802, May 22, 2012]
| Article 4 (Conducting and Publishing National Examination) |
| (1) | The Minister of Health and Welfare shall outsource the national examination administration tasks to the Korea Health Personnel Licensing Examination Institute established under the Korea Health Personnel Licensing Examination Institute Act (hereinafter referred to as “managing institute of national examinations”) pursuant to Article 6 (2) of the Act. <Amended by Presidential Decree No. 26742, Dec. 22, 2015> |
| (2) | To conduct a national examination, the head of the managing institute of national examinations shall publish the date and time, places, and subjects of the national examination; the period for filing applications; and other matters necessary for conducting the examination not later than 90 days prior to the date of the national examination, with the prior approval of the Minister of Health and Welfare: Provided, That the head of the managing institute of national examinations may publish the places not later than 30 days prior to the date of the national examination after the number of applicants in each region is confirmed. |
[This Article Wholly Amended by Presidential Decree No. 23802, May 22, 2012]
The head of the managing institute of national examinations shall appoint examiners whenever he/she conducts a national examination, from among persons with specialized knowledge about each subject of the examination.
[This Article Wholly Amended by Presidential Decree No. 23802, May 22, 2012]
| Article 6 (Applying for National Examination) |
Any person who intends to take a national examination, shall file an application in a form prescribed by the head of the managing institute of national examinations with the head of the managing institute of national examinations.
[This Article Wholly Amended by Presidential Decree No. 23802, May 22, 2012]
| Article 7 (Issuance of Licenses) |
| (1) | Any person who has passed a national examination shall file an application for issuing a license, to be accompanied by documents prescribed by Ordinance of the Ministry of Health and Welfare, with the Minister of Health and Welfare. |
| (2) | The Minister of Health and Welfare shall issue a license to the person who has filed an application for issuing the license pursuant to paragraph (1), as prescribed by Ordinance of the Ministry of Health and Welfare. |
[This Article Wholly Amended by Presidential Decree No. 23802, May 22, 2012]
| Article 8 (Reporting on Status, etc.) |
Pursuant to Article 11 (1) of the Act, each medical service technologist, etc. shall report his/her status and employment status to the Minister of Health and Welfare by December 31 of every third year after he/she first obtains a license issued under Article 7, as prescribed by Ordinance of the Ministry of Health and Welfare: Provided, That a medical service technologist, etc. shall file a report by December 31 of every third year, counting from the following prescribed date, if: | 1. | The medical service technologist, etc. has a license re-issued after his/her license was revoked pursuant to Article 21 of the Act: The date of re-issuance of the license; |
| 2. | The medical service technologist, etc. files a report pursuant to Article 3 (1) of the Addenda to the Medical Service Technologists, etc. Act (partially amended by Act No. 11102): The date of filing the report. |
[This Article Wholly Amended by Presidential Decree No. 25738, Nov. 19, 2014]
| Article 8-2 (Establishment and Operation of Reporting System) |
| (1) | The following are prescribed as business affairs that can be processed with the electronic information processing system referred to in Article 11 (3) of the Act (hereinafter referred to as “reporting system”): <Amended by Presidential Decree No. 27633, Nov. 29, 2016> |
| 1. | The following business affairs in relation to the status and employment status of medical service technologists, etc. referred to in Article 11 (1) of the Act: |
| (a) | Receiving reports filed by medical service technologists, etc. on their status and employment status, and verifying and managing the data so filed; |
| (b) | Compiling, analyzing, and providing various statistics on the status and employment status of medical service technologists, etc.; |
| 2. | Verifying whether medical service technologists, etc. have completed refresher training required under Article 20 of the Act, and managing the data on completion of such training; |
| 3. | Other business affairs deemed specifically necessary by the Minister of Health and Welfare in relation to reports on the status and employment status of medical service technologists, etc. under Article 11 (1) of the Act. |
| (2) | The Minister of Health and Welfare may request related institutions, corporations, associations, etc. to submit materials or opinions, if deemed necessary to establish and operate the reporting system. <Newly Inserted by Presidential Decree No. 27633, Nov. 29, 2016> |
| (3) | The Minister of Health and Welfare may outsource business affairs concerning the establishment and operation of the reporting system to the managing institute of national examinations. <Amended by Presidential Decree No. 27633, Nov. 29, 2016> |
[This Article Newly Inserted by Presidential Decree No. 25738, Nov. 19, 2014]
| Articles 9 and 10 Deleted. <by Presidential Decree No. 16426, Jun. 30, 1999> |
| Article 11 (Refresher Training) |
| (1) | The following are prescribed as hours, methods, and content of refresher training referred to in Article 20 (1) of the Act (hereinafter referred to as “refresher training”): |
| 1. | Hours of refresher training (referring to the training hours recognized by the Minister of Health and Welfare): At least eight hours a year: Provided, That a person who intends to resume practice as a medical service technologist, etc. after having not practiced for at least one year shall undergo refresher training for the hours specified below in the year during which the person intends to resume practice: |
| (a) | A person who has not practiced for at least one year and less than two years: At least 12 hours; |
| (b) | A person who has not practiced for at least two years and less than three years: At least 16 hours; |
| (c) | A person who has not practiced for at least three years: At least 20 hours; |
| 2. | Methods of refresher training: Face-to-face programs or online programs using the information and communications network; |
| 3. | Curriculum of refresher training shall include the following: |
| (a) | Ethics and codes of conduct; |
| (b) | Matters related to improving the expertise and working practices; |
| (c) | Matters related to complying with medicine-related laws; |
| (d) | Other matters similar to those referred to in items (a) through (c), deemed necessary by the Minister of Health and Welfare to be included in refresher training. |
| (2) | In relation to recognition of the training hours referred to in paragraph (1) 1, the Minister of Health and Welfare shall prescribe and notify criteria for the recognition, criteria for the operation and evaluation of training, and other related matters. |
[This Article Newly Inserted by Presidential Decree No. 27633, Nov. 29, 2016]
| Article 12 (Re-Issuance of Licenses) |
| 1. | Where a license has been revoked on the grounds provided for in subparagraphs 1 through 3 of Article 5 of the Act: When the grounds for revocation of the license cease to exist; |
| 2. | Where a license has been revoked on the grounds provided for in subparagraph 4 of Article 5 of the Act: When one year has passed since the execution of the sentence imposed on a medical service technologist, etc. was completed or remitted and the medical service technologist, etc. is deeply remorseful of his/her violation; |
| 3. | Where a license has been revoked on the grounds provided for in Article 21 (1) 3 or 4 of the Act: When one year has passed since the license for a medical service technologist, etc. was revoked and the medical service technologist, etc. is deeply remorseful of his/her misconduct; |
| 4. | Where a license has been revoked on the grounds provided for in Article 21 (1) 3-2 of the Act: When six months have passed since the license for a medical service technologist, etc. was revoked and the medical service technologist, etc. is deeply remorseful of his/her misconduct. |
| (2) | Procedures and methods for re-issuing licenses under paragraph (1) and other necessary matters shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
[This Article Wholly Amended by Presidential Decree No. 23802, May 22, 2012]
| Article 13 (Scope of Loss of Dignity by Medical Service Technologists, etc.) |
| 1. | Performing the duties inconsistent with the scope of duties of medical service technologists, etc. provided for in Article 2; |
| 2. | Performing the duties provided for in Article 2 without the instruction of a doctor or dentist (excluding health record administrators and opticians); |
| 3. | Performing duties in a scientifically or ethically unacceptable manner; |
| 4. | Making a misrepresentation of any laboratory result. |
[This Article Wholly Amended by Presidential Decree No. 23802, May 22, 2012]
| Article 14 (Outsourcing of Duties) |
| (2) | Any association to which the duties are outsourced under paragraph (1) shall report the results of the outsourcing to the Minister of Health and Welfare, as prescribed by Ordinance of the Ministry of Health and Welfare. |
| (3) | Pursuant to Article 28 (2) of the Act, the Minister of Health and Welfare shall outsource refresher training for medical service technologists, etc. provided for in Article 20 of the Act to any of the following institutions recognized as capable of conducting such refresher training: |
| 1. | A junior college or higher-level school that has major courses related to the licenses for medical service technologists, etc. among the schools referred to in Article 2 of the Higher Education Act; |
| 3. | A research institute related to the duties of medical service technologists, etc. |
| (4) | Where the Minister of Health and Welfare outsources refresher training under paragraph (3), he/she shall publish the institutions to which refresher training is outsourced and the duties outsourced. |
[This Article Wholly Amended by Presidential Decree No. 25738, Nov. 19, 2014]
| Article 14-2 (Handling of Sensitive Information and Personally Identifiable Information) |
The Minister of Health and Welfare; a Special Self-Governing City Mayor; a Special Self-Governing Province Governor; the head of a Si/Gun/autonomous Gu (including persons to whom the authority of said persons has been delegated or entrusted, if applicable); or the managing institution of national examinations may handle health-related information referred to in Article 23 of the Personal Information Protection Act; information that constitutes a criminal history record referred to in subparagraph 2 of Article 18 of the Enforcement Decree of said Act; or data that contains a resident registration number or an alien registration number referred to in subparagraph 1 or 4 of Article 19 of the Enforcement Decree of said Act, if essential to performing the following duties: <Amended by Presidential Decree No. 25738, Nov. 19, 2014; Presidential Decree No. 26130, Mar. 3, 2015> | 3. | Registering licenses of medical service technologists, etc. and issuing licenses under Article 8 of the Act; |
| 3-2. | Receiving reports on the status and employment status of medical service technologists, etc. under Article 11 of the Act; |
| 6. | Receiving reports on the closures of dental laboratories and eyeglass shops and any revision to the registered mattered under Article 13 of the Act; |
[This Article Wholly Amended by Presidential Decree No. 23802, May 22, 2012]
| Article 15 (Guidelines for Imposing Administrative Fines) |
Guidelines for imposing administrative fines provided for in Article 33 (1) and (2) of the Act are as specified in the attached Table. <Amended by Presidential Decree No. 27633, Nov. 29, 2016> [This Article Wholly Amended by Presidential Decree No. 23296, Nov. 16, 2011]
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Partial Exemption, etc. from Written Examination for Persons Eligible for Transitional Measures concerning National Examinations for Opticians)
| (1) | Any person who has at least five years' experience in making and selling glasses as of May 28, 1998, among those eligible to apply for the national examination for opticians pursuant to Article 4 of the Addenda to the Medical Service Technologists Act (amended by Act No. 3949) shall be exempt from a written examination conducted pursuant to Article 3 (2) of this Decree. |
| (2) | Any person who intends to be exempt from a written examination under paragraph (1) shall file an application, to be accompanied by a written confirmation issued by the head of the public health clinic having jurisdiction over the place of his/her eyeglass shop. |
| (3) | Any person who has passed a practical examination among those who have been exempt from a written examination under paragraph (1) shall be issued a license upon completing in-service training for a prescribed period, as prescribed by Ordinance of the Ministry of Health and Welfare. |
Article 3 (Duties of Persons Engaged in Practice of Physiological Tests)
Any person who has passed the national examination for medical technologists pursuant to Article 7 (2) of the Addenda to the Act shall conduct physiological tests (referring to electrocardiogram, electroencephalograph, and tests of cardiopulmonary functions, base metabolism, and other physiological functions); and manage equipment necessary for physiological tests and accessories and supplies for such equipment.
ADDENDUM <Presidential Decree No. 15598, Dec. 31, 1997>
This Decree shall enter into force on January 1, 1998.
ADDENDUM <Presidential Decree No. 15886, Sep. 14, 1998>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 16426, Jun. 30, 1999>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 18312, Mar. 17, 2004>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 20679, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 9 Omitted.
ADDENDA <Presidential Decree No. 22075, Mar. 15, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 19, 2010. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 23296, Nov. 16, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of the former part of Article 2 (1) 6 shall enter into force one year and six months after the date of its promulgation. Article 2 (Transitional Measures concerning Administrative Fines)
Guidelines for imposing administrative fines for any violation committed before this Decree enters into force, shall be governed by the former provisions, notwithstanding the amended attached Table.
ADDENDA <Presidential Decree No. 23488, Jan. 6, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 23759, May 1, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 (Applicability to Public Notice of Examination)
The provision of this Decree that amends the deadline for publishing examinations, etc., shall begin to apply from the examinations conducted on or after January 1, 2013.
ADDENDUM <Presidential Decree No. 23802, May 22, 2012>
This Decree shall enter into force on May 23, 2012: Provided, That the amended provisions of the former part of Article 2 (1) 6 shall enter into force on May 17, 2013.
ADDENDUM <Presidential Decree No. 25738, Nov. 19, 2014>
This Decree shall enter into force on November 23, 2014.
ADDENDA <Presidential Decree No. 26130, Mar. 3, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Administrative Fines)
| (1) | Guidelines for imposing administrative fines for any violation committed before this Decree enters into force shall be governed by the former provisions, notwithstanding the amended attached Table. |
| (1) | An administrative fine imposed for a violation committed before this Decree enters into force shall be disregarded for the purposes of counting the number of violations provided for in the amended attached Table. |
ADDENDA <Presidential Decree No. 26742, Dec. 22, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 23, 2015.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 27633, Nov. 29, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 11 shall enter into force on November 30, 2016. Article 2 (Special Cases concerning Refresher Training)
| (1) | Notwithstanding the amended proviso to Article 11 (1) 1, a person who intends to resume practice as a medical service technologist, etc. after having not practiced for at least one year shall undergo the first refresher training for at least eight hours until December 31, 2016. |
| (2) | Notwithstanding the amended provisions of Article 11 (2), recognition of hours of refresher training that medical service technologists, etc. have completed shall be as provided for by the head of an institution to which such refresher training is outsourced under Article 14 (3) until December 31, 2016. |