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MEDICAL SERVICE TECHNOLOGISTS 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

Act No. 15268, Dec. 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, information managers for public health and medical services, and opticians. <Amended by Act No. 15268, Dec. 9, 2017>
[This Article Wholly Amended by Act No. 11102, Nov. 22, 2011]
 Article 1-2 (Definitions)
The terms used in this Act are defined as follows: <Amended by Act No. 14219, May 29, 2016; Act No. 15268, Dec. 9, 2017>
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 “information manager for public health and medical services” means a person mainly engaged in sorting, identifying, keeping and managing records of and information on medical services and health guidance;
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;
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, information managers for public health and medical services and opticians (hereinafter referred to as "medical service technologist, etc.") shall be prescribed by Presidential Decree. <Amended by Act No. 14219, May 29, 2016; Act No. 15268, Dec. 9, 2017>
[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; Act No. 15268, Dec. 9, 2017>
1. A person who majored in a field of study concerning health and medical services corresponding to the licenses that he or she intends to obtain in a university, industrial college or junior college under Article 2 of the Higher Education Act (hereinafter referred to as “university, etc.”), and graduated therefrom: Provided, That a person who intends to become an information manager for public health and medical services shall major in a field of study regarding health and medical services information and study subjects prescribed by Ordinance of the Ministry of Health and Welfare at a university, etc. which have obtained certification of educational courses for information managers for public health and medical services from an accredited institution under Article 11-2 of the Higher Education Act (hereinafter referred to as “accredited institution”);
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) Notwithstanding the proviso of paragraph (1) 1, where a person who is admitted into a university, etc. which has obtained certification from an accredited institution as at the time he or she is admitted into graduates from such university, etc. after majoring in a field of study related to health and medical services information and studying subjects prescribed by Ordinance of the Ministry of Health and Welfare, he or she shall be deemed qualified to take a national examination for information managers for public health and medical services even if the university, etc. fails to obtain certification from an accredited institution as at the time of his or her graduation. <Newly Inserted by Act No. 15268, Dec. 19, 2017>
 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; Amended by Act No. 15268, Dec. 19, 2017>
1. A mentally ill person defined in subparagraph 1 of Article 3 of the Act on the Improvement of Mental Health and the Support for Welfare Services for Mental Patients: 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. A narcotics addict to under the Narcotics Control Act;
3. A person under adult guardianship or person under limited guardianship;
 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 have the Korea Health Personnel Licensing Examination Institute established under the Korea Health Personnel Licensing Examination Institute Act administer national examinations, 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 on Eligibility for Examination)
(1) No person falling under any subparagraph of Article 5 shall be eligible to take a national examination.
(2) Persons who take a national examination by improper means or those who cheat on the national examination shall be suspended from such examination or their 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 a subsequent national examination up to three times in consideration of the grounds for the disposition and the severity of a 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 of Licenses)
(1) When the Minister of Health and Welfare grants any license for a medical service technologist, etc., he or 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 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 corresponding to the licenses they intend to obtain, at a university, etc. <Amended by Act No. 15268, Dec. 19, 2017>
(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 or 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 or she has become aware of in the course of performing his or her duties, except as otherwise provided in this Act or other statutes or regulations.
[This Article Wholly Amended by Act No. 11102, Nov. 22, 2011]
 Article 11 (Reporting on Status)
(1) Each medical service technologist, etc. shall submit a report on his or her status and employment status to the Minister of Health and Welfare, as prescribed by Presidential Decree, every three years after he or 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 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) A person who intends to establish a dental laboratory shall register its establishment 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) A 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 (Matters to Be Complied with by Dental Technicians)
(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. of dental appliances”).
(2) Dentists who request duties of manufacturing, etc. of dental appliances and persons who establish dental laboratories shall preserve prescriptions for manufacturing dental appliances, as prescribed by Ordinance of the Ministry of Health and Welfare.
(3) Dentists who request duties of manufacturing, etc. of dental appliances may verify whether dental appliances are properly manufactured according to prescriptions for manufacturing dental appliances, 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 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) A person who intends to establish an eyeglass shop shall register its establishment 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) A 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 or 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)
Where any person who has established a dental laboratory or eyeglass shop closes his or her business or revises any registered matter, he or 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))
(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 and Inspection)
(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 or 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), a public official shall carry a certificate indicating his or her authority and a document stating the inspection period, scope of inspection, persons in charge of inspection, applicable statutes or regulations 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 provided in this Act, the Framework Act on Administrative Investigations shall apply to the procedures for and methods of conducting the inspection and other matters, where a 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 (Central Association)
(1) Medical service technologists, etc. shall establish an organization with a nationwide organizational structure based on the types of their licenses (hereinafter referred to as "central association"), as prescribed by Presidential Decree. <Amended by Act No. 11102, Nov. 22, 2011; Act No. 15268, Dec. 19, 2017>
(2) A central association shall be a corporation. <Amended by Act No. 11102, Nov. 22, 2011; Act No. 15268, Dec. 19, 2017>
(3) Except as provided in this Act, the provisions of the Civil Act concerning incorporated associations shall apply mutatis mutandis to central associations. <by Act No. 5841, Feb. 8, 1999; Act No. 15268, Dec. 19, 2017>
(4) A central association shall establish a regional office in the Special Metropolitan City, a Metropolitan City, a Do and a Special Self-Governing Province as prescribed by Presidential Decree, and may establish a branch in a Si/Gun/Gu (a Gu refers to an autonomous Gu): Provided, That when establishing a regional office in other regions than those mentioned above or abroad, a central association shall obtain approval from the Minister of Health and Welfare <Newly Inserted by Act No. 15268, Dec. 19, 2017>
(5) When a central association has established a regional office or branch, a person in charge of the regional office or branch shall without delay report such establishment to the relevant Special Metropolitan City Mayor, Metropolitan City Mayor, Do Governor, Special Self-Governing Province Governor, or the head of Si/Gun/Gu. <Newly Inserted by Act No. 15268, Dec. 19, 2017>
(6) Each cental association establishes its ethic committee to deliberate on and decide a request for suspension of qualification under Article 22-2. <Newly Inserted by Act No. 15268, Dec. 19, 2017>
(7) Matters necessary for the organization, operation, etc. of an ethic committee under paragraph (6) shall be prescribed by Presidential Decree. <Newly Inserted by Act No. 15268, Dec. 19, 2017>
 Article 17 (Authorization of Establishment)
(1) To establish a central association, the articles of association and other necessary documents shall be submitted to the Minister of Health and Welfare as prescribed by Presidential Decree to obtain authorization of establishment. The same shall also apply when a central association intends to amend the articles of association.
(2) When the Minister of Health and Welfare grant authorization of establishment under paragraph (1), he or she shall make a public announcement thereof.
(3) The affairs of central associations, details to be written on the articles of association and other necessary matters shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 15268, Dec. 19, 2017]
 Article 18 (Duty for Cooperation)
Upon receipt of a request for cooperation from the Minister of Health and Welfare regarding improving national health and medical services, the Association shall cooperate therein.
[This Article Newly Inserted by Act No. 15268, Dec. 19, 2017]
 Article 19 (Supervision)
(1) Where a central association or its regional office falls under any of the following, the Minister of Health and Welfare may order it to amend the articles of association or take corrective measures:
1. When conducting a project not prescribed by the articles of association;
2. When doing an act hindering the improvement of public health and medical services;
3. When failing to cooperate after receiving a request under Article 18.
(2) The Minister of Health and Welfare may have a central association or its regional office report to him/her on matters regarding their affairs when necessary for supervision.
[This Article Newly Inserted by Act No. 15268, Dec. 19, 2017]
 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 of Licenses)
(1) Where a medical service technologist, etc. falls under any of the following, the Minister of Health and Welfare may revoke his or 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 or she falls under any of subparagraphs 1 through 4 of Article 5;
2. Deleted; <by Act No. 5841, Feb. 8, 1999>
3. Where he or she lends his or her license for a medical service technologist etc. to third parties, in violation of Article 9 (3);
3-2. Where he or she performs duties of manufacturing, etc. of dental appliances not in accordance with a prescription for manufacturing dental appliances issued by a dentist, in violation of Article 11-3 (1);
4. Where he or she performs the duties of a medical service technologist, etc. for a period during which the licensed qualification or the validity of his or her license is suspended under Article 22 (1) or (3); or where he or she is subject to suspension of licensed qualification or suspension of the validity of his or her license on at least three occasions.
(2) Where any ground for the revocation of a license for a medical service technologist, etc. referred to in paragraph (1) ceases to exist or where any ground prescribed by Presidential Decree is deemed to exist, the Minister of Health and Welfare may reissue such 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 or 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 or she commits any act that notably injures his or her dignity;
2. Where he or 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 or she performs the duties of a dental technician at a place other than a medical institution that provides dental care services or a dental laboratory registered under Article 11-2 (3);
2-3. Where he or she establishes and operates a dental laboratory without registration of establishment, in violation of Article 11-2 (3);
2-4. Where he or she fails to preserve prescriptions for manufacturing dental appliances, in violation of Article 11-3 (2);
2-5. Where he or she violates Article 11-3 (3);
3. Where he or she violates this Act or an order issued under this Act.
(2) The scope of an act that injures dignity under paragraph (1) 1 shall be prescribed by Presidential Decree. <Amended by Act No. 11102, Nov. 22, 2011>
(3) When 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 or 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 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 22-2 (Request for Suspension of Qualification from Central Association)
Where a medical service technologist, etc. commits an act referred to in Article 22 (1) 1, the head of each central association may request the Minister of Health and Welfare to suspend his or her qualification following deliberation and decision by the ethics committee established under Article 16 (6).
[This Article Newly Inserted by Act No. 15268, Dec. 19, 2017]
 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 or 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 instructions for use, the expiration date and adverse effects of contact lenses, in violation of Article 12 (7);
2. Where he or she fails to report the closure of his or her business or any revision to registered matters under Article 13.
(2) Where an institution to which the duties under Article 28 (2) are entrusted 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 institution. <Newly Inserted by Act No. 14219, May 29, 2016>
 Article 24 (Deregistration 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 or she establishes at least two dental laboratories or eyeglass shops, in violation of Article 11-2 (2) or 12 (2);
2. Where he or she displays any false or exaggerated advertising, in violation of Article 14 (1);
3. Where he or she allows an unlicensed person to make and sell eyeglasses or sell contact lenses;
4. Where he or she continues operation of his or her business during the period of business suspension after a disposition of business suspension is issued under this Act;
5. Where he or she allows a person other than a dental technician to perform the duties of dental technicians;
6. Where he or 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 or 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 or her licensed qualification pursuant to Article 22, he or 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 qualification 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 disposition, and where the procedures for a disposition of business suspension are pending, such procedures may continue against the transferee: Provided, That this shall not apply where the transferee verifies that he or 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 without delay inform a transferee of the fact that he or 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 or 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)
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, unless there is a compelling reason not to do so.
[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 a national examination.
[This Article Wholly Amended by Act No. 11102, Nov. 22, 2011]
 Article 28 (Delegation of Authority or Entrustment 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 or 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 partially entrust his or 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 (Relationship to Other Statutes)
Articles 17 and 36 of the Medical Devices Act shall not apply to the registration, 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 clause of Article 9 (1);
2. A person who lends his or her license for a medical service technologist, etc. to any other person, in violation of Article 9 (3);
3. A person who divulges any confidential information he or she has become aware of in the course of performing his or 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 performs duties of manufacturing, etc. of dental appliances not in accordance with a prescription for manufacturing dental appliances issued by a dentist, 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 under 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 the titles of medical service technologists, etc. or any other similar titles without a license for a medical service technologist, 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, eyeglass shop, dental technician or optician for 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 but the corporation or individual shall 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 business affairs 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 or her status or employment status required under Article 11;
2. A person who fails to report the closure of his or 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 paragraphs (1) and (2), 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 previous 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 previous provisions as at the time this Act enters into force and eyeglass shops falling under Article 2 of the Addenda 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 previous provisions shall apply to persons deemed eligible for national examinations under the previous 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 Social Affairs, as at the time this Act enters into force.
Article 5 (Transitional Measures concerning Associations)
The Korean Association of Medical Technologists, Korean Radiological Technologists Association, Korea Physical Therapy Association, Korean Association of Occupational Therapists, Korean Dental Technicians Association, Korean Dental Hygienists Association, Korean Medical Record Association and Korean Optometric Association, which are all incorporated associations, shall be deemed the associations respectively established under this Act.
Article 6 (Transitional Measures concerning Administrative Dispositions)
Administrative dispositions issued under the previous 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 national examinations for medical technologists, notwithstanding Article 4.
(2) For persons falling under paragraph (1), national examinations for medical technologists may be conducted only on three occasions, with partial exemption from examination subjects, as prescribed by Ordinance of the Ministry of Health and Welfare.
(3) The scope of the duties of persons who have passed national examinations for medical technologists conducted under paragraph (2) may be limited, as prescribed by Presidential Decree.
(4) Persons eligible to apply for national examinations for medical technologists under paragraph (1) may perform their duties until December 14, 1998, notwithstanding the main clause 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. (Proviso Omitted.)
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 or medical institutions designated by the Minister of Health and Welfare under the previous provisions as at the time this Act enters into force may provide apprenticeship programs until persons who are undergoing the apprenticeship programs in the 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 previous 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 previous 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: Provided, That … <omitted> … amendments to Acts, which were promulgated before this Act enters into force but the enforcement date of which have yet to arrives, among the Acts amended under Article 6 of these Addenda, shall enter into force on the enforcement date of the relevant Act, respectively.
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 previous 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 begin to apply to a violation committed on or after the date 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 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 Act (Act No. 10851) shall begin to apply to a violation committed on or after the date that amended provisions enter into force.
Article 3 (Transitional Measures concerning Report on Medical Service Technologists)
(1) Persons who have been licensed as medical service technologists, health record administrators or opticians under the previous 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 that 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 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 begin to apply to a person suspended from an examination or whose success in the examination is invalidated on or after the date this Act enters into force.
Article 3 (Applicability to Suspension of Operation of Dental Laboratories)
The amended provisions of the proviso of Article 24 (3) shall begin to apply 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 previous 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 to a violation committed on or after the date 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 to a violation committed on or after the date the amended provisions of Article 20 (2) enter into force.
Article 4 (Transitional Measures concerning Penalty Provisions or Administrative Dispositions)
The application of penalty provisions or administrative dispositions to violations committed before this Act enters into force shall be subject to the previous 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 subparagraphs of the previous 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 such ground occurred before this Act enters into force: Provided, That where a public prosecution concerning such ground is instituted under Article 246 of the Criminal Procedure Act, the period from the date of the prosecution to the date 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)
The application of penalty provisions to violations committed before this Act enters into force shall be subject to the previous 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)
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.
ADDENDA <Act No. 15268, Dec. 19, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation: Provided, That the amended provisions of Article 5 (1) shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Central Association)
The Korean Association of Medical Technologists, Korean Radiological Technologists Association, Korea Physical Therapy Association, Korean Association of Occupational Therapists, Korean Dental Technicians Association, Korean Dental Hygienists Association, Korean Medical Record Association, and Korean Optometric Association, which are all incorporated associations, as at the time this Act enters into force, shall be deemed established under the amended provisions of Articles 16 and 17.
Article 3 (Transitional Measures concerning Health Record Administrator)
A person who obtains a license for a health record administrator in accordance with the previous provisions as at the time this Act enters into force shall be deemed a person who obtains a license for an information manager for public health and medical services under the amended provisions of Article 4.
Article 4 (Transitional Measures concerning Certification of Educational Courses for Information Manager for Public Health and Medical Services)
A university, etc. recognized by the Minister of Health and Welfare as providing educational courses appropriate to qualify students to take a national examination for a health record administrator shall be deemed to obtain certification of educational courses for information managers for public health and medical services under the amended provisions of the proviso to Article 4 (1) 1: Provided, That the university, etc shall obtain certification from an accredited institution pursuant to that amended provisions within two years on or after the date this Act enters into force.