Article 1 | The Constitutions are formulated in accordance to the Physician Act and its enforcement rules. |
Article 2 | This Association is named Taiwan Medical Association. |
Article 3 | The mission of this Association is to unite physicians in Taiwan, facilitate the cooperation of the medical industry, improve medical professionalism and common rights, assist in promoting social works, and further the development of the medical industry. |
Article 4 | This Association is a non-profit public welfare organization. |
Article 5 | This Association is located at the venue of the central government. |
Article 6 | The responsibilities of this Association are as follows:
|
Article 7 | All medical associations of municipalities and counties (cities) approved by the competent authority are entitled to join this Association within three months after its foundation. Any association that fails to join before the above-mentioned period shall be notified with a deadline upon resolution by the board of directors of this Association and submitted to the competent authority. Any overdue execution will result in suspension of activities within this Association as a penalty. |
Article 8 | Members of this Association may not withdraw unless this Association is dissolved. |
Article 9 | The qualification for member delegate of this Association shall be annulled in case of the following situations:
|
Article 10 | The member delegates are appointed from members of this Association to attend meetings. An association paying annual membership fees of two hundred persons can appoint one delegate. Those who pay additional membership fees exceeding the amount of one hundred persons can appoint one more delegate. Each medical association of municipalities and counties (cities) shall have at least two delegates. |
Article 11 | All member delegates have the rights to make recommendations, motion, speak, vote, elect, be elected and recall at the Congress of Membership Delegates, each delegate has one vote. Members have the right to motion at the Congress of Membership Delegates. |
Article 12 | A member delegate shall appoint another member delegate as a proxy in written form when he/she is unable to attend the Congress of Membership Delegates, but each member delegate can represent only one person, and shall not exceed one third of attendees. |
Article 13 | Each member delegate serves a term of three years, from the date of the first Congress of Membership Delegates of the Association that he/she attends, to the date of one day before the next Congress of Membership Delegates.
This Association shall inform the appointment of new delegates in accordance to Article 10 two months before the termination of each term. |
Article 14 | The local association shall report the absence of a member delegate to this Association in written form within one month of the absence, and shall appoint another member delegate to complement that term. |
Article 15 | This Association sets 35 directors for the board of directors, 11 supervisors for the board of supervisors, and 10 alternate directors and 3 alternate supervisors. These seats are elected based on zoning of 6 areas and guaranteed quota. The 6 areas are Taipei Region (Taipei City, Taipei County, Ilan County, Keelung City, Kinmen County), Northern Region (Taoyuan County, Hsinchu City, Hsinchu County, Miaoli County), Central Region (Taichung City, Taichung County, Changhua County, Nantou County), Southern Region (Yunlin County, Chiayi City, Chiayi County, Tainan City, Tainan County), Kao-Ping Region (Kaohsiung City, Kaohsiung County, Pingtung County, Penghu County), and Eastern Region (Hualien County, Taitung County). All member delegates elect the directors and supervisors of all districts, counties and cities in accumulative anonymous vote at the Congress of Membership Delegates.
The quota of directors and supervisors of all districts, counties and cities shall be stipulated by the board of directors according to the number of members six months before the first Congress of Membership Delegates of each term. Each county/city medical association of each district shall have at least one director (supervisor). The director and supervisor candidates shall be recommended by the medical associations of districts, counties and cities according to the quota of directors and supervisors, the reference list shall be submitted to the board of directors of this Association for approval, and then printed on the ballots, and blank columns as many as the quota shall be prepared for the voters to fill. |
Article 16 | The board of directors sets 11 standing directors who are elected from the directors in accumulative anonymous vote at the directors' meeting. |
Article 17 | This Association sets one president, who is elected from the standing directors in single anonymous vote by directors at the directors' meeting. |
Article 18 | The board of supervisors sets one standing supervisor, who is elected in single secrete vote by supervisors at the supervisors' meeting. |
Article 19 | A director or a supervisor shall be dismissed immediately in any of following cases, the vacancy shall be filled by an alternate director or an alternate supervisor.
|
Article 20 | Absent directors and supervisors of this Association shall be substituted by alternate directors and alternate supervisors within one month to complete the previous term. There will be no supplementary election if there is no alternate director and alternate supervisor, and the number of directors or supervisors exceeds two thirds of the quota of directors or supervisors. |
Article 21 | The term of directors and supervisors of this Association is three years, the number of reappointed persons may not exceed fifty percent, the president may be reappointed once at most. |
Article 22 | The term of directors and supervisors of this Association shall commence as of the first directors' meeting of this term. The aforesaid directors' meeting shall be held within 15 days after the conclusion of the Congress of Membership Delegates, and may not be extended without the approval of the competent authority. |
Article 23 | This Association shall set different commissions in accordance to the fact. |
Article 24 | The directors and supervisors of this Association are voluntary. |
Article 25 | The Congress of Membership Delegates of this Association is the highest authority, it has following authorities:
|
Article 26 | The authorities of the board of directors of this Association are as follows:
|
Article 27 | The responsibilities of the board of supervisors of this Association are as follows:
|
Article 28 | The president of this Association handles all affairs of the association, shall represent this Association in public places, shall appoint a standing director to handle the affairs if he/she is unable to execute the his/her duty, if he does not appoint a person, one shall be elected from the standing directors as the substitution. The term of the acting president exceeding six months will be regarded as the absence of the president, and a supplementary election shall be carried out. However, reelection is not allowed if the term is less than one year. |
Article 29 | When a standing supervisor is unable to execute his duty, he/she shall appoint a supervisor to execute his duty for him/her, if he/she does not appoint one person, one shall be elected from the supervisors as a substitution. The term of the acting standing supervisor exceeding six months shall be regarded as the absence of the standing supervisor, and a supplementary election shall be carried out. |
Article 30 | This Association shall set a secretary general who has an important post, undertakes the orders of the president, and handles appointed business, the secretary general shall be submitted by the president to the board of directors for appointment, the appointment term is the same as that of the president of this term. This Association sets a chief secretary, and several working personnel who undertake the orders of the president, handle the affairs of the association, and shall be submitted by the president to the board of directors for appointment and dismissal, and shall not take office or leave office until approved by the competent authority within 10 days after approved by the board of directors. |
Article 31 | The directors and supervisors of this Association may not hold a concurrent post of working personnel of this Association. |
Article 32 | The Congress of Membership Delegates of this Association is classified as following meetings, and shall be held by the president.
|
Article 33 | The notice of the calling of the Congress of Membership Delegates shall be made 15 days in advance, but those who can attend the meeting in time after received the notice of a temporary meeting for emergency cases are free from this limit, and the competent authority shall be reported and appoint personnel for instruction. |
Article 34 | The president acts as the chairman of the Congress of Membership Delegates of this Association, or the directors and supervisors elect three to five persons from the standing directors and standing supervisors jointly to organize the chairman on duty of the presidium. |
Article 35 | The resolutions of the Congress of Membership Delegates of this Association shall proceed with the attendance of more than half member delegates and the consent of more than half of the attended delegates, but following cases which have been specified by the rules shall be handled as per the rules, and shall be accepted by more than two thirds of the attended delegates.
|
Article 36 | The board of directors and the board of supervisors shall hold meetings respectively, at least once every three months. A joint meeting of directors and supervisors shall be held if necessary. The aforesaid meeting of the board of directors and meeting of the board of the supervisors are called by the president and the standing supervisor respectively who are the chairman of the meetings. The joint meeting of directors and supervisors is called by the president who is the chairman of the meeting. |
Article 37 | The president or standing supervisor who did not call more than two meetings of the board of directors or the board of supervisors disobeying the above article without reasons shall be deprive of their posts, and a reelection shall be carried out. |
Article 38 | The resolutions of the meetings of the board of directors and the board of supervisors shall proceed with the attendance of more than half of directors and supervisors and the consent of more than half attendance. The joint meeting of directors and supervises shall not commence until a majority of directors and a majority of supervisors attend, and the resolutions shall proceed with the consent of more than half directors and supervisors. However, the resignation of directors or supervisors shall be subject to the consent of more than two thirds of attendance and the attendance of more than half directors and supervisors at the meetings of the board of directors or the board of supervisors. |
Article 39 | The directors and supervisors shall attend the meetings of the board of directors and the board of supervisors personally, and may not commit to others, two consecutive off-duty other than public holidays will be regarded as an absence, who was absent from two consecutive meetings will be regarded as resigned, and will be replaced by an alternate director or an alternate supervisor. |
Article 39-1 | The president of the member association of this Association who does not have a status of director and member delegate shall also attend the meeting of the board of directors and the Congress of Membership Delegates. |
Article 41 | The incomes of this Association are as follows:
|
Article 40 | Share in operating expenses: each member has a share at least, and has 50 shares at most, it can be increased by the resolutions of the Congress of Membership Delegates if necessary. The amount of operating expenses and the amount of each share shall be resolved at the Congress of Membership Delegates and reported to the competent authority and approved by the competent authority of the objective business before implementation. |
Article 42 | Members may not ask for a refund of the aforesaid operating expenses when withdrawing from the association. |
Article 43 | A member who does not follow the rules to pay for the association fees shall be submitted to the board of directors for resolution and shall be punished according to following procedures:
|
Article 44 | This Association shall prepare the annual working program of next year and the budget for annual revenue and expenditure within two months before the next year, that shall be approved by the board of directors and submitted to the board of supervisors for approval. An approval opinion book will be sent back to the board of directors, after approved at the Congress of Membership Delegates, it shall be submitted to the competent authority for review and record before the next year. If the Congress of Membership Delegates failed to be held in time, it shall be submitted to the competent authority first, and then submitted at the Congress of Membership Delegates for ratification. |
Article 45 | This Association shall prepare the working paper of current year, final accounts for annual revenue and expenditure, balance sheet, statement of revenues and expenditures and property inventory within two months after current year, that shall be approved by the board of directors and submitted to the board of supervisors for discussion. An approval opinion book will be sent back to the board of directors. After approved at the Congress of Membership Delegates, it shall be submitted to the competent authority for review and record by the end of March. If the Congress of Membership Delegates failed to be held in time, it shall be submitted to the competent authority first, and then submitted at the Congress of Membership Delegates for ratification. |
Article 46 | The accounting year of this Association is from January 1 to December 31 annually. |
Article 47 | This Association shall set up another accounting if initiating projects that shall be submitted to the board of supervisors for review yearly and then submitted to the Congress of Membership Delegates, and reported to the competent authority and the competent authority of the objective project for future reference. |
Article 48 | If this Association is dissolved or cancelled, the residual properties shall be disposed according to law, and may not be owned by individuals or private enterprises in any way, and shall be possessed by autonomous organizations or the government. |
Article 49 | Issues not specified in the Constitutions shall be handled according to the Physician Act and its enforcement rules as well as other relevant laws and regulations. |
Article 50 | The Constitutions shall be approved at the Congress of Membership Delegates and submitted to the competent authority for filing prior to implementation. The same applies to revision. |