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MEDICAL SERVICE TECHNOLOGISTS, ETC. ACT

Wholly Amended by Act No. 4912, Jan. 5, 1995

Amended by Act No. 5101, Dec. 29, 1995

Act No. 5454, Dec. 13, 1997

Act No. 5453, Dec. 13, 1997

Act No. 5841, Feb. 8, 1999

Act No. 6146, Jan. 12, 2000

Act No. 6531, Dec. 19, 2001

Act No. 6876, May 15, 2003

Act No. 6909, May 29, 2003

Act No. 7148, Jan. 29, 2004

Act No. 8650, Oct. 17, 2007

Act No. 8693, Dec. 14, 2007

Act No. 8852, Feb. 29, 2008

Act No. 9932, Jan. 18, 2010

Act No. 10515, Mar. 30, 2011

Act No. 10564, Apr. 7, 2011

Act No. 10608, Apr. 28, 2011

Act No. 10851, Jul. 14, 2011

Act No. 11102, Nov. 22, 2011

Act No. 11860, jun. 4, 2013

Act No. 13367, jun. 22, 2015

Act No. 14219, May 29, 2016

Act No. 14331, Dec. 2, 2016

Act No. 14889, Sep. 19, 2017

 Article 1 (Purpose)
The purpose of this Act is to contribute to the improvement of national health and medical services, by providing for necessary matters concerning qualifications, licenses, etc. for medical service technologists, health record administrators, and opticians.
[This Article Wholly Amended by Act No. 11102, Nov. 22, 2011]
 Article 1-2 (Definitions)
The terms used in this Act shall be defined as follows: <Amended by Act No. 14219, May 29, 2016>
1. The term “medical service technologist” means a person engaged in diagnosis or medical chemical tests under the instruction of physicians or dentists;
2. The term “health record administrator” means a person mainly engaged in maintaining and managing health records and information;
3. The term “optician” means a person mainly engaged in making and selling eyeglasses (limited to those for the correction of a person's vision; hereinafter the same shall apply) and selling contact lenses (including those not for the correction of a person's vision; hereinafter the same shall apply).
[This Article Newly Inserted by Act No. 11102, Nov. 22, 2011]
 Article 2 (Classification and Duties of Medical Service Technologists)
(1) Medical service technologists shall be classified into medical technologists, radiological technologists, physical therapists, occupational therapists, dental technicians and dental hygienists. <Amended by Act No. 14219, May 29, 2016>
(2) Medical service technologists shall perform the following duties and other related duties prescribed by Presidential Decree based upon the types of their licenses: <Newly Inserted by Act No. 14219, May 29, 2016>
1. Medical technologists: Conducting various chemical or physiological tests;
2. Radiological technologists: Handling radiation, etc.; conducting radiographic examinations; and handling and managing radiation and radiographic equipment;
3. Physical therapists: Providing physiotherapy treatments to help patients improve or restore their mobility;
4. Occupational therapists: Providing occupational therapies to help patients recover from physical or mental functional disorders;
5. Dental technicians: Making, repairing and customizing prostheses or collective devices;
6. Dental hygienists: Preventing dental and oral diseases, dental hygiene control, etc.
[This Article Wholly Amended by Act No. 11102, Nov. 22, 2011]
 Article 3 (Scope and Range of Duties)
The scope and range of specific duties of medical service technologists, health record administrators, and opticians (hereinafter referred to as "medical service technologist, etc.") shall be prescribed by Presidential Decree. <Amended by Act No. 14219, May 29, 2016>
[This Article Wholly Amended by Act No. 11102, Nov. 22, 2011]
 Article 4 (Licenses)
(1) A person who intends to become a medical service technologist, etc. shall fall under any of the following and shall be licensed by the Minister of Health and Welfare after passing the national examination for medical service technologists, etc. (hereinafter referred to as "national examination"): <Amended by Act No. 5454, Dec. 13, 1997; Act No. 5841, Feb. 8, 1999; Act No. 6876, May 15, 2003; Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010; Act No. 11102, Nov. 22, 2011; Act No. 14219, May 29, 2016>
1. A person who majored in the studies concerning public health and medical services corresponding to the licenses that he/she intends to obtain in a university, industrial college or junior college, and graduated therefrom (a person who intends to become a health record administrator shall meet the requirements prescribed by Ordinance of the Ministry of Health and Welfare in terms of matters such as health record-related subjects and credits);
2. and 3. Deleted; <by Act No. 5841, Feb. 8, 1999>
4. A person who completed in a foreign country an educational course in a school the level of which is at least those referred to in subparagraph 1 as approved by the Minister of Health and Welfare and obtained a relevant license for medical service technologists, etc., in that country.
(2) Deleted. <by Act No. 5841, Feb. 8, 1999>
 Article 5 (Grounds for Disqualification)
Any of the following persons shall be disqualified as a medical service technologist, etc.: <Amended by Act No. 5841, Feb. 8, 1999; Act No. 6531, Dec. 19, 2001; Act No. 8650, Oct. 17, 2007; Act No. 8693, Dec. 14, 2007; Act No. 11102, Nov. 22, 2011; Act No. 11860, Jun. 4, 2013; Act No. 14889, Sep. 19, 2017>
1. A mentally ill person defined in subparagraph 1 of Article 3 of the Mental Health Act: Provided, That the same shall not apply to any person recognized by a medical specialist as eligible to become a medical service technologist, etc.;
2. An addict to narcotics under the Narcotics Control Act;
3. A person under adult guardianship or person under limited guardianship;
4. A person who has been sentenced to imprisonment without labor or heavier punishment and for him/her the execution of such sentence has not yet been terminated or exempted, for violating this Act; Articles 234, 269, 270 (2) through (4), and 317 (1) of the Criminal Act; the Act on Special Measures for the Control of Public Health Crimes; the Regional Public Health Act; the National Health Promotion Act; the Prevention of Acquired Immunodeficiency Syndrome Act; the Medical Service Act; the Emergency Medical Service Act; the Act on Dissection and Preservation of Corpses; the Blood Management Act; the Narcotics Control Act; the Mother and Child Health Act; or the National Health Insurance Act.
 Article 6 (National Examinations)
(1) The Minister of Health and Welfare shall conduct a national examination at least once a year, as prescribed by Presidential Decree.
(2) The Minister of Health and Welfare may outsource the national examination administration tasks to the Korea Health Personnel Licensing Examination Institute established under the Korea Health Personnel Licensing Examination Institute Act, as prescribed by Presidential Decree. <Amended by Act No. 13367, Jun. 22, 2015>
[This Article Wholly Amended by Act No. 11102, Nov. 22, 2011]
 Article 7 (Restriction, etc. on Eligibility for Examination)
(1) No person falling under any subparagraph of Article 5 shall be eligible to take the national examination.
(2) Persons who take the national examination by improper means, or those who cheat on the national examination shall be suspended from such examination or whose success in the examination shall be invalidated.
(3) The Minister of Health and Welfare may bar persons suspended from a national examination or whose success in the examination has been invalidated under paragraph (2) from applying for subsequent national examination up to three times in consideration of the grounds for the disposition and the severity of violation, as prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 11860, Jun. 4, 2013>
[This Article Wholly Amended by Act No. 11102, Nov. 22, 2011]
 Article 8 (Registration, etc. of Licenses)
(1) Where the Minister of Health and Welfare grants any license for a medical service technologist, etc., he/she shall record details regarding the license in a ledger corresponding to the category of the license, before issuing the license.
(2) Matters necessary for registering license and issuing a license under paragraph (1) shall be determined by Ordinance of the Ministry of Health and Welfare.
[This Article Wholly Amended by Act No. 11102, Nov. 22, 2011]
 Article 9 (Prohibition, etc. of Services by Unlicensed Persons)
(1) No person, other than medical service technologists, etc., shall perform the duties of medical service technologists, etc.: Provided, That the same shall not apply where it is required for trainees to complete educational courses for the licenses they intend to obtain, at universities and colleges, industrial colleges or junior colleges.
(2) No person, other than medical service technologists, etc., shall use the titles of medical service technologists, etc. or other similar titles.
(3) No medical service technologist, etc. shall lend his/her license to any other person.
[This Article Wholly Amended by Act No. 11102, Nov. 22, 2011]
 Article 10 (Confidentiality)
No medical service technologist, etc. shall divulge any confidential information he/she has become aware of in the course of performing his/her duties, except as otherwise expressly provided for in this Act or other statutes.
[This Article Wholly Amended by Act No. 11102, Nov. 22, 2011]
 Article 11 (Reporting on Status, etc.)
(1) Each medical service technologist, etc. shall submit a report on his/her status and employment status to the Minister of Health and Welfare, as prescribed by Presidential Decree, every three years after he/she first obtains a license.
(2) The Minister of Health and Welfare may reject a report submitted under paragraph (1) by a medical service technologist, etc. who fails to undergo refresher training provided for in Article 20.
(3) The Minister of Health and Welfare may establish and operate an electronic information processing system that can process reporting under paragraph (1) electronically (hereinafter referred to as “reporting system”), as prescribed by Presidential Decree. <Newly Inserted by Act No. 14219, May 29, 2016>
[This Article Wholly Amended by Act No. 11102, Jan. 22, 2011]
 Article 11-2 (Registration, etc. of Establishment of Dental Laboratories)
(1) No person, other than a dentist or dental technician, shall establish a dental laboratory.
(2) A dentist or dental technician shall establish only one dental laboratory.
(3) The establishment of a dental laboratory shall be registered with a Special Self-Governing City Mayor; a Special Self-Governing Province Governor; or the head of a Si/Gun/Gu (limited to the head of an autonomous Gu; hereinafter the same shall apply), as prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 11102, Nov. 22, 2011; Act No. 11860, Jun. 4, 2013>
(4) Any person who intends to establish a dental laboratory under paragraph (3) shall have facilities and equipment determined by Ordinance of the Ministry of Health and Welfare.
[This Article Newly Inserted by Act No. 10608, Apr. 28, 2011]
 Article 11-3 (Compliance by Dental Technicians, etc.)
(1) Dental technicians shall follow a prescription for manufacturing dental appliances issued by dentists when performing the duties referred to in Article 3 (hereinafter referred to as “duties of manufacturing, etc. dental appliances”).
(2) Dentists who issue prescriptions for manufacturing, etc. dental appliances and persons who establish dental laboratories, shall preserve such prescriptions, as prescribed by Ordinance of the Ministry of Health and Welfare.
(3) Dentists who issue prescriptions for manufacturing, etc. dental appliances may verify whether dental appliances are properly manufactured according to such prescriptions, and persons who establish the relevant dental laboratories shall help such dentists conduct verification.
[This Article Newly Inserted by Act No. 10608, Apr. 28, 2011]
 Article 12 (Registration, etc. of Establishment of Eyeglass Shops)
(1) No person, other than an optician, shall establish shops for making eyeglasses and selling eyeglasses and contact lenses (hereinafter referred to as "eyeglass shop").
(2) An optician may establish only one eyeglass shop.
(3) The establishment of an eyeglass shop shall be registered with a Special Self-Governing City Mayor; a Special Self-Governing Province Governor; or the head of a Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 11860, Jun. 4, 2013>
(4) Any person who intends to establish an eyeglass shop under paragraph (3), shall have facilities and equipment determined by Ordinance of the Ministry of Health and Welfare.
(5) No person shall sell, or engage in any other similar activities involving, eyeglasses and contact lenses by any of the following methods: <Amended by Act No. 14219, May 29, 2016>
2. A method prescribed by Ordinance of the Ministry of Health and Welfare, such as purchasing and delivering goods from a cyber-mall (meaning a virtual place of business established for trading goods, etc. using information and communications facilities, including computers) of a vendor, as an agent.
(6) Opticians shall sell eyeglasses and contact lenses only at eyeglass shops.
(7) Opticians who sell contact lenses shall provide information on the instructions for use, expiration date, and adverse effects of contact lenses. <Newly Inserted by Act No. 14219, May 29, 2016>
[This Article Wholly Amended by Act No. 11102, Nov. 22, 2011]
 Article 13 (Reporting on Closure, etc.)
Where any person who has established a dental laboratory or eyeglass shop closes his/her business or revises any registered matter, he/she shall report it to a Special Self-Governing City Mayor; a Special Self-Governing Province Governor; or the head of a Si/Gun/Gu without delay, as prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 11860, Jun. 4, 2013>
[This Article Wholly Amended by Act No. 11102, Nov. 22, 2011]
 Article 14 (Prohibition against Exaggerated Advertising, etc.)
(1) Neither dental laboratory nor eyeglass shop shall display any false or exaggerated advertising regarding its services. <Amended by Act No. 14219, May 29, 2016>
(2) No person shall recommend or introduce to a customer, or entice a customer toward a certain dental laboratory, eyeglass shop, dental technician, or optician, for profit-making purposes.
(3) Matters necessary for prohibiting exaggerated advertising, etc. under paragraphs (1) and (2) shall be governed by the Act on Fair Labeling and Advertising and the Monopoly Regulation and Fair Trade Act. <Amended by Act No. 14219, May 29, 2016>
[This Article Wholly Amended by Act No. 11102, Nov. 22, 2011]
 Article 15 (Reporting, Inspection, etc.)
(1) A Special Self-Governing City Mayor; a Special Self-Governing Province Governor; or the head of a Si/Gun/Gu may order any person who has established a dental laboratory or eyeglass shop to submit reports; or may require a public official under his/her jurisdiction to inspect the business conditions, facilities, etc., to the extent necessary for guidance and supervision. <Amended by Act No. 11860, Jun. 4, 2013>
(2) In cases falling under paragraph (1), the public official shall carry a certificate indicating his/her authority and a document stating the inspection period, scope of inspection, persons in charge of inspection, applicable statutes, and other matters prescribed by Ordinance of the Ministry of Health and Welfare, and produce them to relevant persons. <Amended by Act No. 14219, May 29, 2016>
(3) Except as otherwise expressly provided for in this Act, the Framework Act on Administrative Investigations shall apply to the procedures for and methods of conducting the inspection, where the public official inspects business conditions, facilities, etc. pursuant to paragraph (1). <Newly Inserted by Act No. 14219, May 29, 2016>
[This Article Wholly Amended by Act No. 11102, Nov. 22, 2011]
 Article 16 (Associations)
(1) Medical service technologists, etc. may establish an association with a nationwide organizational structure based on the types of their licenses (hereinafter referred to as "association"). <Amended by Act No. 11102, Nov. 22, 2011>
(2) An association shall be a corporate entity. <Amended by Act No. 11102, Nov. 22, 2011>
(3) Deleted. <by Act No. 5841, Feb. 8, 1999>
(4) Except as otherwise expressly prescribed by this Act, the provisions concerning incorporated associations in the Civil Act shall apply mutatis mutandis to an association. <Amended by Act No. 11102, Nov. 22, 2011>
 Articles 17 through 19 Deleted. <by Act No. 5841, Feb. 8, 1999>
 Article 20 (Refresher Training)
(1) Any person (including a person who intends to resume practice as a medical service technologist, etc. after having not practiced for at least one year) who practices as a medical service technologist, etc. at a public health institution, medical institution, dental laboratory, eyeglass shop, etc. shall undergo refresher training, as prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 14219, May 29, 2016>
(2) Hours, methods and curriculum for refresher training referred to in paragraph (1), and other necessary matters shall be prescribed by Presidential Decree. <Newly Inserted by Act No. 14219, May 29, 2016>
[This Article Wholly Amended by Act No. 11102, Nov. 22, 2011]
 Article 21 (Revocation, etc. of Licenses)
(1) Where a medical service technologist, etc. falls under any of the following, the Minister of Health and Welfare may revoke his/her license: Provided, That in cases falling under subparagraph 1, his/her license must be revoked: <Amended by Act No. 5101, Dec. 29, 1995; Act No. 5454, Dec. 13, 1997; Act No. 5841, Feb. 8, 1999; Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010; Act No. 10608, Apr. 28, 2011; Act No. 11102, Nov. 22, 2011; Act No. 14219, May 29, 2016>
1. Where he/she falls under any of subparagraphs 1 through 4 of Article 5;
2. Deleted; <by Act No. 5841, Feb. 8, 1999>
3. Where he/she lends his/her medical service technologist license, etc. to the third parties, in violation of Article 9 (3);
3-2. Where he/she manufactures, etc. dental appliances not in accordance with a prescription issued by a dentist for manufacturing, etc. dental appliances, in violation of Article 11-3 (1);
4. Where he/she performs the duties of a medical service technologist, etc. for a person during which the licensed qualification or the validity of his/her license is suspended under Article 22 (1) or (3); or where he/she is subject to suspension of licensed qualification or suspension of the validity of his/her license on at least three occasions.
(2) Where any grounds for the revocation of a medical service technologist license, etc. referred to in paragraph (1) cease to exist; or where any grounds prescribed by Presidential Decree are deemed to exist, the Minister of Health and Welfare may reissue the said license: Provided, That where a license is revoked under paragraph (1) 3 and 4; and where a license is revoked on the grounds referred to in subparagraph 4 of Article 5, the license shall not be reissued within one year from the date of such revocation. <Amended by Act No. 11102, Nov. 22, 2011>
 Article 22 (Suspension of Qualification)
(1) Where a medical service technologist, etc. falls under any of the following, the Minister of Health and Welfare may suspend his/her licensed qualification for a period of up to six months: <Amended by Act No. 5454, Dec. 13, 1997; Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010; Act No. 10608, Apr. 28, 2011; Act No. 11102, Nov. 22, 2011>
1. Where he/she commits any activity that notably injures his/her dignity;
2. Where he/she performs the duties of a dental technician or optician under employment by any person who is disqualified from establishing a dental laboratory or eyeglass shop;
2-2. Where he/she performs the duties of a dental technician at a place other than a medical institution that provides dental care services or dental laboratory registered under Article 11-2 (3);
2-3. Where he/she establishes and operates a dental laboratory without registration of establishment, in violation of Article 11-2 (3);
2-4. Where he/she fails to preserve prescriptions for manufacturing, etc. dental appliances, in violation of Article 11-3 (2);
2-5. Where he/she violates Article 11-3 (3);
3. Where he/she violates this Act or an order issued under this Act.
(2) Any activity that injures dignity under paragraph (1) 1 shall be prescribed by Presidential Decree. <Amended by Act No. 11102, Nov. 22, 2011>
(3) Where a medical service technologist, etc. fails to submit a report pursuant to Article 11, the Minister of Health and Welfare may suspend the validity of his/her licence until the report is submitted. <Newly Inserted by Act No. 11102, Nov. 22, 2011>
(4) Any disposition to suspend qualification under paragraph (1) shall not be issued after expiration of a five-year period from the date the grounds for such disposition occurred: Provided, That where a public prosecution concerning such grounds is instituted pursuant to Article 246 of the Criminal Procedure Act, the period from the date of such prosecution to the date on which the judgement on the relevant case becomes final and conclusive shall not be included in the statute of limitations period. <Newly Inserted by Act No. 14331, Dec. 2, 2016>
 Article 23 (Corrective Orders)
(1) Where a person who has established a dental laboratory or eyeglass shop falls under any of the following, a Special Self-Governing City Mayor; a Special Self-Governing Province Governor; or the head of a Si/Gun/Gu may issue a corrective order to such person: <Amended by Act No. 10608, Apr. 28, 2011; Act No. 11102, Nov. 22, 2011; Act No. 11860, Jun. 4, 2013; Act No. 14219, May 29, 2016>
1. Where he/she fails to have facilities and equipment provided for in Articles 11-2 (4) and 12 (4);
1-2. Where an optician fails to provide information on the expiration date, instructions for use, and adverse effects of contact lenses, in violation of Article 12 (7);
2. Where he/she fails to report the closure of his/her business or any revision to registered matters under Article 13.
(2) Where an agency to which the duties are outsourced under Article 28 (2), provides refresher training in violation of the details of the refresher training, including hours, methods, and curriculum referred to in Article 20 (2) or fails to provide refresher training, the Minister of Health and Welfare shall issue a corrective order to such agency. <Newly Inserted by Act No. 14219, May 29, 2016>
 Article 24 (Deregistration, etc. of Establishment)
(1) Where a person who has established a dental laboratory or eyeglass shop falls under any of the following, a Special Self-Governing City Mayor; a Special Self-Governing Province Governor; or the head of a Si/Gun/Gu may suspend the operation of the dental laboratory or eyeglass shop for a period of up to six months, or deregister the establishment of the dental laboratory or eyeglass shop: <Amended by Act No. 10608, Apr. 28, 2011; Act No. 11102, Nov. 22, 2011; Act No. 11860, Jun. 4, 2013; Act No. 14219, May 29, 2016>
1. Where he/she establishes at least two dental laboratories or eyeglass shops, in violation of Article 11-2 (2) or 12 (2);
2. Where he/she displays any false or exaggerated advertising, in violation of Article 14 (1);
3. Where he/she allows an unlicensed person to make and sell eyeglasses or sell contact lenses;
4. Where he/she continues operation of his/her business during the period of business suspension after a disposition of business suspension is issued under this Act;
5. Where he/she allows a person other than a dental technician to perform the duties of dental technicians;
6. Where he/she fails to comply with a corrective order referred to in Article 23.
(2) No person who receives a disposition to deregister the establishment pursuant to paragraph (1) shall establish a dental laboratory or eyeglass shop within six months from the date he/she receives the disposition. <Amended by Act No. 11102, Nov. 22, 2011>
(3) Where a person who has established a dental laboratory or eyeglass shop receives a disposition to suspend his/her licensed qualification pursuant to Article 22, he/she shall not operate the dental laboratory or eyeglass shop during the period of suspension: Provided, That this shall not apply where a person who has established a dental laboratory, receives a disposition to suspend licensed qualifications on the grounds referred to in Article 22 (1) 2-4 and 2-5, and any other dentist or dental technician is engaged in business operation of the relevant dental laboratory. <Amended by Act No. 10608, Apr. 28, 2011; Act No. 11102, Nov. 22, 2011; Act No. 11860, Jun. 4, 2013>
(4) The effect of a disposition to suspend the operation of a dental laboratory or eyeglass shop under paragraph (1), shall be transferred to the transferee who acquires the dental laboratory or eyeglass shop subject to the said disposition, and where the procedures for a disposition of business suspension are pending, such procedures may continue against the said transferee: Provided, That this shall not apply where the transferee verifies that he/she was unaware of such disposition or any fact of violation. <Newly Inserted by Act No. 10608, Apr. 28, 2011>
(5) Any person who receives a disposition of business suspension under paragraph (1) or against whom the procedures for such disposition are pending, shall promptly inform a transferee of the fact that he/she has received the disposition or the procedures for the disposition are pending, as prescribed by Ordinance of the Ministry of Health and Welfare. <Newly Inserted by Act No. 10608, Apr. 28, 2011>
 Article 25 (Standards for Administrative Dispositions)
Details of administrative dispositions referred to in Articles 21 through 24 shall be determined by Ordinance of the Ministry of Health and Welfare.
[This Article Wholly Amended by Act No. 11102, Nov. 22, 2011]
 Article 26 (Hearings)
Where the Minister of Health and Welfare; a Special Self-Governing City Mayor; a Special Self-Governing Province Governor; or the head of a Si/Gun/Gu intends to issue any of the following dispositions, he/she shall hold a hearing: <Amended by Act No. 11860, Jun. 4, 2013>
1. Revocation of licenses under Article 21 (1);
2. De-registration under Article 24 (1).
[This Article Wholly Amended by Act No. 11102, Nov. 22, 2011]
 Article 26-2 (Request for Provision of Materials, etc.)
If necessary to perform the affairs provided for in this Act, the Minister of Health and Welfare may request the head of a local government to provide materials concerning the status of establishment and operation of dental laboratories or eyeglass shops. In such cases, the head of the local government so requested shall comply with such request, except in extenuating circumstances.
[This Article Newly Inserted by Act No. 11860, Jun. 4, 2013]
 Article 27 (Fees)
Any of the following persons shall pay fees, as prescribed by Ordinance of the Ministry of Health and Welfare:
1. A person who intends to obtain a license for medical service technologists, etc.;
2. A person who intends to have a license reissued;
3. A person who intends to apply for the national examination.
[This Article Wholly Amended by Act No. 11102, Nov. 22, 2011]
 Article 28 (Delegation of Authority or Outsourcing of Duties)
(1) Authority of the Minister of Health and Welfare under this Act may be partially delegated to the head of an institution under his/her jurisdiction; the Special Metropolitan City Mayor; a Metropolitan City Mayor; a Special Self-Governing City Mayor; a Do Governor; a Special Self-Governing Province Governor; or the head of a Si/Gun/Gu, as prescribed by Presidential Decree. <Amended by Act. No. 11860, Jun. 4, 2013>
(2) The Minister of Health and Welfare may outsource some of his/her duties, such as receiving a report on the status, etc. of medical service technologists, etc. or providing education for medical service technologists, etc. to relevant specialized institutions or organizations, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11102, Nov. 22, 2011]
 Article 29 (Relation to other Acts)
Articles 17 and 36 of the Medical Devices Act shall not apply to the registration and de-registration, etc. of eyeglass shops under this Act.
[This Article Wholly Amended by Act No. 11102, Nov. 22, 2011]
 Article 30 (Penalty Provisions)
(1) Any of the following persons shall be punished by imprisonment with labor for up to three years or by a fine not exceeding 30 million won: <Amended by Act No. 10608, Apr. 28, 2011; Act No. 11102, Nov. 22, 2011; Act No. 14331, Dec. 2, 2016>
1. A person who performs the duties of medical service technologists, etc. without any license for medical service technologists, etc., in violation of the main sentence of Article 9 (1);
2. A person who lends his/her medical service technologist license, etc. to any other person, in violation of Article 9 (3);
3. A person who divulges any confidential information he/she has become aware of in the course of performing his/her duties, in violation of Article 10;
4. A person who establishes a dental laboratory without a dental technician license, in violation of Article 11-2 (1): Provided, That this shall not apply to a dentist who has completed registration for the establishment of a dental laboratory under Article 11-2 (1);
5. A person who manufactures, etc. dental appliances not in accordance with a prescription issued by a dentist for manufacturing, etc. dental appliances, in violation of Article 11-3 (1);
6. A person who establishes an eyeglass shop without an optician license, in violation of Article 12 (1).
(2) A crime of paragraph (1) 3 may be prosecuted only upon complaint. <Amended by Act No. 11102, Nov. 22, 2011>
 Article 31 (Penalty Provisions)
Any of the following persons shall be punished by a fine not exceeding five million won: <Amended by Act No. 10608, Apr. 28, 2011; Act No. 10851, Jul. 14, 2011; Act No. 11102, Nov. 22, 2011; Act No. 14219, May 29, 2016; Act No. 14331, Dec. 2, 2016>
1. A person who uses titles of medical service technologists, etc. or any other similar titles without a medical service technologist license, etc., in violation of Article 9 (2);
1-2. A person who establishes at least two dental laboratories, in violation of Article 11-2 (2);
2. A person who establishes at least two eyeglass shops, in violation of Article 12 (2);
2-2. A person who establishes a dental laboratory without registration, in violation of Article 11-2 (3);
3. A person who establishes an eyeglass shop without registration, in violation of Article 12 (3);
3-2. A person who violates Article 12 (5);
3-3. An optician who sells eyeglasses and contact lenses at a place other than eyeglass shops, in violation of Article 12 (6);
4. A person who recommends, introduces, or induces a customer to a specific dental laboratory, specific eyeglass shop, specific dental technician or specific optician with profit-making purposes, in violation of Article 14 (2).
 Article 32 (Joint Penalty Provisions)
If the representative of a corporation, or an agent or employee of, or any other person employed by, a corporation or an individual commits a violation under Article 30 or 31 in connection with the business affairs of the corporation or individual, not only shall such violator be punished accordingly, but the corporation or individual shall also be punished by a fine under the relevant Article: Provided, That the same shall not apply where the corporation or individual has not been negligent in giving due attention and supervision concerning the relevant duties in order to prevent such violation.
[This Article Wholly Amended by Act No. 11102, Nov. 22, 2011]
 Article 33 (Administrative Fines)
(1) Any person who fails to comply with a corrective order issued under Article 23 (2) shall be subject to an administrative fine not exceeding five million won. <Newly Inserted by Act No. 14219, May 29, 2016>
(2) Any of the following persons shall be subject to an administrative fine not exceeding one million won: <Amended by Act No. 5841, Feb. 8, 1999; Act. No. 11102, Nov. 22, 2011; Act No. 14219, May 29, 2016>
1. A person who files a false report on his/her status or employment status required under Article 11;
2. A person who fails to report the closure of his/her business or any revision to registered matters under Article 13;
3. A person who fails to submit a report, or refuse, evade, or obstruct an inspection under Article 15 (1);
4 and 5. Deleted. <by Act No. 5841, Feb. 8, 1999>
(3) The following persons shall impose and collect the administrative fines provided for in paragraph (1), as prescribed by Presidential Decree: <Amended by Act No. 14219, May 29, 2016>
1. The Minister of Health and Welfare: Administrative fines provided for in paragraph (1);
2. A Special Self-Governing City Mayor; a Special Self-Governing Province Governor; or the head of a Si/Gun/Gu: Administrative fines provided for in paragraph (2).
(4) and (5) Deleted. <by Act No. 10851, Jul. 14, 2011>
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force nine months after the date of its promulgation.
Article 2 (Transitional Measures concerning Licenses)
Medical technologists, radiological technologists, radiographers, physical therapists, occupational therapists, dental technicians, dental hygienists, health record administrators, and opticians who have been licensed under the former provisions as at the time this Act enters into force shall be considered licensed for the relevant medical service technologists, etc. under this Act.
Article 3 (Transitional Measures concerning Eyeglass Shops)
The establishment of eyeglass shops registered under the former provisions as at the time this Act enters into force and eyeglass shops falling under Article 2 of the Addenda to the Amendment to the Medical Service Technologists Act (No. 3949), shall be considered registered under this Act.
Article 4 (Transitional Measures concerning Eligibility for National Examination)
Notwithstanding Article 4, the former provisions shall apply to persons deemed eligible for the national examination under the former provisions (excluding persons engaged in physiological test fields, such as brain wave test), and students of schools equivalent to or higher than junior colleges in foreign countries that are recognized by the Minister of Health and Welfare, as at the time this Act enters into force.
Article 5 (Transitional Measures concerning Associations)
Incorporated associations called Korean Association of Medical Technologists; Korean Radiological Technologists Association; Korean Physical Therapists Association; Korean Association of Occupational Therapists; Korean Dental Technicians Association; Korean Dental Hygienists Association; Korean Medical Record Association; and Korean Opticians Association, shall be deemed to be the associations respectively established under this Act.
Article 6 (Transitional Measures concerning Administrative Dispositions)
Administrative dispositions issued under the former provisions before this Act enters into force shall be deemed the administrative dispositions issued under this Act.
Article 7 (Transitional Measures concerning Persons Engaged in Physiological Test Field, Such as Brain Wave Test)
(1) Persons engaged in the physiological test fields (referring to electrocardiogram, brain wave, heart and lung functions, base metabolism and other tests related to physiological functions), among the duties of medical technologists under Article 3 as at June 19, 1989, and continuously engaged therein not later than December 14, 1991, may apply for the national examination for medical technologists, notwithstanding Article 4.
(2) For persons falling under paragraph (1), the national examination for medical technologists may be conducted only on three occasions, with partial exemption from examination subjects, as prescribed by the Ordinance of the Ministry of Health and Welfare.
(3) Scope of the duties of persons who have passed the national examination for medical technologists conducted under paragraph (2) may be limited, as prescribed by the Presidential Decree.
(4) Persons eligible to apply for the national examination for medical technologists under paragraph (1) may perform their duties until December 14, 1998, notwithstanding the main sentence of Article 9 (1).
ADDENDA <Act No. 5101, Dec. 29, 1995>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 1996.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 5453, Dec. 13, 1997>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
Article 2 Omitted.
ADDENDUM <Act No. 5454, Dec. 13, 1997>
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
ADDENDA <Act No. 5841, Feb. 8, 1999>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.
(2) (Transitional Measures concerning Designated Health and Medical Institutions) Health and medical institutions designated by the Minister of Health and Welfare under the former provisions as at the time this Act enters into force may provide apprenticeship programs until persons who are undergoing the apprenticeship programs in the said institutions as at the time this Act enters into force, complete such programs, notwithstanding the amended provisions of Article 4 (1) 2 and 3, and (2).
(3) (Transitional Measures concerning Persons under Apprenticeship Programs) Any person under an apprenticeship program pursuant to the former provisions of Article 4 (1) as at the time this Act enters into force, may perform duties of medical service technologists, etc. according to such programs, notwithstanding the amended provisions of Article 9 (1), and those persons may, upon completion of such programs, apply for the relevant national examination, notwithstanding the amended provisions of Article 4 (1).
(4) (Transitional Measures concerning Persons Completing Apprenticeship Programs) Any person who completes an apprenticeship program in a health or medical institution designated by the Minister of Health and Welfare under the former provisions as at the time this Act enters into force, may apply for the relevant national examination, notwithstanding the amended provisions of Article 4 (1) 2 and 3.
ADDENDA <Act No. 6146, Jan. 12, 2000>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2000.
Articles 2 through 9 Omitted.
ADDENDUM <Act No. 6531, Dec. 19, 2001>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 6876, May 15, 2003>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 6909, May 29, 2003>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 7148, Jan. 29, 2004>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDUM <Act No. 8650, Oct. 17, 2007>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 8693, Dec. 14, 2007>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 9932, Jan. 18, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force two months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDUM <Act No. 10515, Mar. 30, 2011>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 10564, Apr. 7, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDA <Act No. 10608, Apr. 28, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Registration of Establishment)
Dental laboratories which have been established upon approval by the head of a Si/Gun/Gu pursuant to the former provisions as at the time this Act enters into force shall be deemed established under this Act: Provided, That any person who has established the relevant dental laboratory shall be registered with the head of the relevant Si/Gun/Gu after being equipped with facilities and equipment under this Act not later than six months after the date of promulgation of this Act.
ADDENDA <Act No. 10851, Jul. 14, 2011>
(1) (Enforcement Date) This Act shall enter into force six months after the date of its promulgation.
(2) (Applicability to Penalty Provisions) The amended provisions of subparagraph 3-2 of Article 31 shall apply from the first violation committed after this Act enters into force.
ADDENDA <Act No. 11102, Nov. 22, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 1, 1-2 and 12 (1), subparagraph 1-2 of Article 23 and Article 24 (1) 3 and the amended provisions of Article 12 (5) through (7) and subparagraphs 3-2 and 3-3 of Article 31 of the Medical Service Technologists, etc. Act (Act No. 10851), shall enter into force six months after the date of its promulgation, and the amended provisions of Articles 11, 22 (3), 28 (2) and 33 (1) 1 shall enter into force three years after the date of its promulgation.
Article 2 (Applicability to Penalty Provisions)
The amended provisions of subparagraphs 3-2 and 3-2 of Article 31 of the Medical Service Technologists, etc. Act (Act No. 10851), shall apply from the first violation committed after the said amended provisions enter into force.
Article 3 (Transitional Measures concerning Report on Medical Service Technologists, etc.)
(1) Persons who have been licensed as medical service technologists, health record administrators or opticians under the former provisions as at the time the amended provisions of Article 11 enter into force shall file a report on their status, employment status, etc. as prescribed by Ordinance of the Ministry of Health and Welfare not later than one year after the said amended provisions enter into force.
(2) The Minister of Health and Welfare may suspend the validity of the licenses of the persons who have been licensed as medical service technologists, health record administrators or opticians and failed to file a report under paragraph (1) from the end of the reporting period until the said report is filed.
ADDENDA <Act No. 11860, Jun. 4, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Restriction on Eligibility for Examination)
The amended provisions of Article 7 (3) shall apply beginning with the first person suspended from an examination or whose success in the examination is invalidated after this Act enters into force.
Article 3 (Applicability to Suspension of Operation of Dental Laboratories)
The amended provisions of the proviso to Article 24 (3) shall apply beginning with the first case where licensed qualifications are suspended under Article 22 (1) 2-4 or 2-5.
Article 4 (Transitional Measures concerning Administrative Fines)
Notwithstanding the amended provisions of Article 33 (2), the Minister of Health and Welfare may impose and collect administrative fines under the former provisions until November 22, 2014.
ADDENDA <Act No. 13367, Jun. 22, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 14219, May 29, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 4 (1) 1, 12 (5) 2, 15 (2), 20 (2), and 23 (2) shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Penalty Provisions)
The amended provisions of subparagraph 3-2 of Article 31 shall begin to apply from the first violation committed after the amended provisions of Article 12 (5) 2 enter into force.
Article 3 (Applicability to Corrective Orders)
The amended provisions of Article 23 (2) shall begin to apply from the first violation committed after the amended provisions of Article 20 (2) enter into force.
Article 4 (Transitional Measures concerning Penalty Provisions or Administrative Dispositions)
Violations committed before this Act enters into force shall be subject to the former provisions.
ADDENDA <Act No. 14331, Dec. 2, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Application of Statute of Limitations to Suspension of Qualification)
Any disposition to suspend qualification of a person who falls under the former provisions of Article 22 (1) on any ground occurring before this Act enters into force shall not be issued after expiration of a five-year period from the date on which such grounds occurred before this Act enters into force: Provided, That where a public prosecution concerning such grounds is instituted under Article 246 of the Criminal Procedure Act, the period from the date of the prosecution to the date on which a judgement on the relevant case becomes final and conclusive shall not be included in the statute of limitations period.
Article 3 (Transitional Measures concerning Penalty Provisions)
Violations committed before this Act enters into force shall be subject to the former provisions.
ADDENDA <Act No. 14889, Sep. 19, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning the Grounds for Disqualification of Incompetent Person, etc.)
Notwithstanding the amended provisions of subparagraph 3 of Article 5, a person who is declared incompetent or quasi-incompetent as at the time this Act enters into force and for whom the declaration of incompetency or quasi-incompetency remains effective pursuant to Article 2 of the Addenda to the Civil Act (No. 10429) shall be governed by the previous provisions.