Section 44. The licensee who intent to cease his sanatorium business shall, notify in writing and provide a report on the treatment of patients to the grantor in advance period of not less than fifteen days; provided that the rules and procedure shall be prescribed in the Ministerial Regulation.
After having been notified under paragraph one, the grantor shall have the power to order the license to perform any actions before the date of cessation thereof; provided that the grantor shall consider the benefit and interest of the patient as the main issue.
Section 45. The licensee shall provide the competent official for the regularly supervision of the qualifications of the sanatorium and the operation of a sanatorium business under this Act. In the case where the competent official fides that the sanatorium and including its equipment, things, drugs and medical instrument possess the qualifications which shall cause an injury to the persons who stay in or close to that sanatorium, the grantor shall have the power to order the licensee to improve as appropriately within the period specified.
The provisions of section S3 and section 54 shall apply mutatis mutandis
Section 46. In the performance of duty, the competent official shall have the following powers:
- to enter a building or vehicle which he reasonably believes that it is not the authorized sanatorium under this Act;
- to enter a sanatorium during office hours to Inspect and control the compliance of this Act;
- to issue a summons requiring the licensee, the manager, the practioner in the sanatorium or the official of the sanatorium to give statement or explanation, or forward documents or evidences concerned for supplementing his consideration;
- to seize or attach all the documents or anything concerning an offence under this Act.
In the performance of duties of the competent official under paragraph one, a licensee, manager, practioner in the sanatorium or the person who stays in the sanatorium shall provide him with appropriate facilities.
Section 47. In the performance of duties, the competent official shall produce his identity card. An identity card of a competent official shall be in accordance with the form prescribed in the Ministerial Regulation.
Section 48. In the execution of this Act, the competent official shall be official under the Penal Code.
Closure of Sanatorium and Revocation of License
Section 49. When it appears that the licensee or the manager fails to comply with this Act, the competent official shall have the power to order the licensee or the manager, as the case may be, to stop or act correctly within the appropriate period; provided that this shall not eradicate an offence under this Act.
Section 50. In the case where the licensee or the manager commits or omits any performance which causes serious danger, injury or troublesome to the person who stays in or lives next to the sanatorium, or resist to perform in accordance with the order of the grantor under section 45 or of the competent official under section 49, the grantor shall have the power to close a sanatorium for temporary period until the licensee has completes the correctly performance within the specified period.
Section 51. In the case the licensee or the manager is lack of qualifications or under any prohibitions under section 17 or section 25, as the case may be, if the licensee or the manager does not perform any correction within the period determined by the grantor under section 50, the grantor, with the advice of the Committee, shall have the power to issue an order revoking the license to operate a sanatorium business-.
If the licensee or the manager is sentences by a final judgment for an offence under this Act and the grantor is of the opinion that the seriousness of the case shall effect the medical treatment of patient, the grantor, with the advice of the Committee, shall have the power to revoke his license.
Section 52. For the purpose of the protection of the rights of patient in a sanatorium, in the case where:
- the licensee is dead and no person propose his view to operate the sanatorium business or the person who propose his view to operate the sanatorium business is lack of qualifications or under any prohibitions as prescribed in section 22;
- the grantor issue an order of temporary closure under section 50 or of revocation of license under section 51.
The grantor may Issue an order demand that such sanatorium to be under the supervision of the Committee for any appropriate management.
Section 53. The order of the competent official under section 49 or of the grantor under section 50 or section 51 shall be made in wringing and sent by registered mail to the licensee or the manager, as the case may be, at his domicile. If he is not seen or refuses to accept the said order, such order shall be posted in an open and conspicuous place at the sanatorium and it shall be deem that such person has acknowledged that order since the date the order has been posted.
The order of the grantor under paragraph one may additionally be advertised be published in a newspaper or by any other methods.
Section 54. No person whose license has been revoked shall apply for a new license during the period of two years since the date his license is revoked.
Section 55. The licensee who accepts an order of the competent official under section 49 or of the grantor under section 50 or section 51 shall have the right to appeal to the Minister within thirty days frost the date of acknowledgement of the order.
The decision of the Minister shall be final.