History

This Regulation is established in accordance with Article 66, Paragraph 3 of the Labor Occupational Accident Insurance and Protection Act (hereinafter referred to as the Act).

The approved professional occupational rehabilitation institutions in this Regulation refer to medical institutions that provide occupational rehabilitation services such as job analysis, functional capacity assessment, and work hardening to enhance or restore physiological and psychological functions of workers suffering from occupational accidents, and have been approved by the central competent authority.

A medical institution with a practice license that meets the following conditions may apply for an accredited professional occupational rehabilitation institution:
1.It is a contracted medical care institution for the National Health Insurance, and sets up an outpatient department of occupational medicine, at least once a week.
2.Hiring following personnel:
(1)One or more occupational medicine physicians.
(2)Two or more occupational therapists or physical therapists, at least one of whom should be full-time.
(3)One or more clinical psychologists or counseling psychologists.
3.Has the following spaces for using by occupational accident workers:
(1)Functional capacity assessment and work ability training space: a complete and coherent space with an area of no less than 30 square meters.
(2)Psychological work ability training space: the area is not less than ten square meters, and it should have privacy and sound insulation effect.
4.The following evaluation tools or equipment are available:
(1)Cardiorespiratory endurance test, physiological functional capacity assessment and work simulation evaluation.
(2)Psychological assessment of functional ability assessment.
For those approved functional rehabilitation professional institutions located in Hualien County, Taitung County, Penghu County, Kinmen County and Lianjiang County fail to meet the requirements for the number of consultations and full-time personnel as prescribed in the preceding paragraph, the central competent authority may provide them according to their local needs. and medical resource conditions may be relaxed as appropriate.

The personnel specified in Item 2, Subparagraph 2, Paragraph 1 of the preceding article shall have the following qualifications:
1.Obtain an occupational therapist certificate or a physical therapist certificate and a practicing license.
2.At least 6 months working experience related to occupational accident labor occupational rehabilitation or vocational rehabilitation. However, this does not apply to those who have completed the pre-service professional training of work capacity assessment and work hardening service for occupational accident worker approved by the central competent authority for more than 30 hours, and have obtained the training certificate.

The personnel specified in Article 3, Paragraph 1, Subparagraph 2, Item 3 shall have the following qualifications:
1.Obtained the clinical psychologist certificate or counseling psychologist certificate and practicing license.
2.At least 6 months working experience related to occupational accident labor occupational rehabilitation or vocational rehabilitation. However, this does not apply to those who have completed the pre-service professional training of occupational rehabilitation psychology work ability training for occupational accident worker approved by the central competent authority for more than 12 hours, and have obtained the training certificate.

The central competent authority may periodically announce the acceptance of applications for approval of professional occupational rehabilitation institutions.
Those who apply for the approval of professional occupational rehabilitation institutions in accordance with the provisions of Article 3 shall have the following documents and submit them to the central competent authority:
1.Application Form.
2.A copy of the business license of the medical institution.
3.Photocopies of supporting documents that meet the requirements of Articles 3 to the preceding article.
4.Service plan.
5.Other documents stipulated by the central competent authority.
If the documents mentioned in the preceding paragraph are not ready, the central competent authority may notify them to make corrections within a time limit; those who do not make corrections within the time limit will not be accepted.

In order to process the approval of professional occupational rehabilitation institutions, the central competent authority shall form a review team for the approval of professional occupational rehabilitation institutions (hereinafter referred to as the Review Team) with the following tasks:
1.Consultation on the approval policy of professional occupational rehabilitation institutions.
2.Review matters of the approval for professional occupational rehabilitation institutions.
3.Review matters of the approval qualification revocation or annulment for professional occupational rehabilitation institutions.

The Review Team shall consist of seven to eleven members, and the central competent authority shall designate one representative from the agency as the convener; the remaining members shall be selected and hired by the central competent authority for professionals in occupational medicine, occupational rehabilitation, vocational rehabilitation, and law.
The term of the team members referred to in the preceding paragraph is three-year, and they may be re-appointed upon expiration; if vacancies arise during the term, they may be re-appointed, and their term will expire on the date of expiry of the original term.
For the members of Paragraph 1, the ratio of any gender shall not be less than one-third.

At the meeting of the Review Team, the convener shall be the chairman; if the convener fails to attend, one member shall be elected as the chairman by the members present.
The meeting of the Review Team shall be attended by more than half of all the members before the meeting can be held, and its decision shall be approved by more than half of the members present.

The withdrawal of committee members or relevant personnel participating in the deliberation, and the prohibition of contact outside the procedure, shall be handled in accordance with the provisions of Articles 32, 33 and 47 of the Administrative Procedure Act.
The personnel referred to in the preceding paragraph shall keep confidential the content of the deliberation case and relevant discussion matters.

When a professional occupational rehabilitation institution submits an application according to Article 6, the central competent authority shall review the required documents and qualifications in accordance with the provisions of this Regulation; those approved by the Review Team shall be approved by the central competent authority and announced.
In addition to the qualifications specified in Article 3, the following matters shall be considered when the Review Team in the preceding paragraph is deliberating:
1.Regional service needs and regional balance of municipalities and counties (cities).
2.The capacity and quality of services of the professional occupational rehabilitation institutions under review.
During the validity period of the approval, if the application materials are changed, the approved professional occupational rehabilitation institution shall report to the central competent authority for reference.
An approved professional occupational rehabilitation institution that has been approved by the municipal or county (city) competent health authority to change its business license number shall re-apply for approval to the central competent authority without being limited by the application period of Paragraph 1 of Article 6; It’s approval procedure shall follow the Paragraph 1 and Paragraph 2.

The approval of an approved professional occupational rehabilitation institution is valid for a maximum period of three years.
Approved professional occupational rehabilitation institutions that plan to continue the process after the expiration of the validity period of the previous approval, and the original approval conditions have not changed, should provide the documents in Paragraph 2 of Article 6 and participate in the Article 15 training by the 90 days before the expiration of the validity period of approval. Then apply for the approval renewal application.

The approved Professional Occupational Rehabilitation Institutions things to do are defined as the following:
1.Assist employers or workers with occupational accidents in formulating a return-to-work plan.
2.Occupational Accident Labor Job Analysis.
3.Occupational Accident Worker Functional Capacity Assessment.
4.Work hardening to enhance or restore the physiological and psychological functions of workers in occupational accidents.
5.Demand assessment for occupational disaster labor assistance facilities, appliances, equipment, machinery and working environment improvement, and suggestions for reasonable adjustment or job accommodation methods.
6.Occupational accident labor case management service and return-to-work follow-up.
7.Other occupational accident workers return to work assistance.
In order to handle the preceding items, the approved Professional Occupational Rehabilitation Institution shall conduct needs assessment of occupational accident workers by specialist physicians of the Occupational Medicine Department depending on the actual needs and in coordination with the attending physicians of other departments; when the approved Professional Occupational Rehabilitation Institution deems it necessary, you may contact the central competent authority for assistance to carry out on-site visits.

The full-time personnel in Subparagraph 1, Paragraph 2, Article 3 shall handle the following matters:
1.Provide assistance and coordination for return-to-work plan application and follow-up matters according to the needs of occupational accident workers or employers.
2.Provide follow-up functional rehabilitation services for workers with occupational accidents through interviews after interdisciplinary occupational injury and illness notification.
3.Occupational accident workers return to work tracking and referral related resources, and track referral service results.
4.Reports and statistics on the handling of the matters in the preceding article and Paragraphs 1 to 3.
Approved Professional Occupational Rehabilitation Institutions located in Hualien County, Taitung County, Penghu County, Kinmen County and Lianjiang County may use part-time staff to handle the preceding items.

An approved Professional Occupational Rehabilitation Institution shall make the personnel specified in Article 3, Paragraph 1, Subparagraph 2, Items 2 and 3, to participate in the functional rehabilitation on-the-job training course administered by the central competent authority, for no less than 12 hours per year.

Approved Professional Occupational Rehabilitation Institutions shall collect, process and utilize data on occupational accident labor functional rehabilitation cases in accordance with the relevant provisions of the Personal Data Protection Act.

Approved Professional Occupational Rehabilitation Institutions shall formulate document control procedures to standardize the filing and preservation of relevant documents such as assessment reports and service records, and the preservation period shall be at least seven years.

Approved Professional Occupational Rehabilitation Institutions shall achieve the following basic service volume each year:
1.Assist workers suffering from occupational accidents in case management, at least 50 cases.
2.Assist workers suffering from occupational accidents with physiological and psychological strengthening training, at least ten pieces.
At the end of the year, the Approved Professional Occupational Rehabilitation Institutions have not achieved the annual basic service volume specified in the preceding paragraphs, except for those whose accreditation period is less than one year, the central competent authority shall order them to improve within a time limit. However, for Professional Occupational Rehabilitation Institutions in Hualien County, Taitung County, Penghu County, Kinmen County, and Lianjiang County, the central competent authority may reduce the basic service volume of each item in the preceding paragraph according to the service needs of the region.

An Approved Professional Occupational Rehabilitation Institution shall report the service content to the central competent authority within ten working days from the date of completing the service items listed in the attached table.
The central competent authority shall review the service content reported in the preceding paragraph in January and July of each year, and subsidize them according to the payment items and subsidy standards in the attached table.
Approved Professional Occupational Rehabilitation Institutions located in Penghu County, Kinmen County, Lianjiang County and other outlying island areas, in addition to the payment items and subsidy standards in the preceding paragraph, the central competent authority may add necessary expenses such as transportation allowances to their professional medical personnel subsidy.
The first-time Approved Professional Occupational Rehabilitation Institutions shall first subsidize the start-up fee and the purchase cost of training evaluation tools according to the provisions of the attached table.
In the first year after the approval of the institution referred to in the preceding paragraph, if the basic service volume of the first paragraph of the preceding article is not reached, the start-up fee shall be deducted from the service subsidy fee according to the service content, and the training and evaluation tool purchase fee shall be subsidized only according to the service ratio.
Approved Professional Occupational Rehabilitation Institutions that fail to comply with the provisions of the preceding article or the preceding three paragraphs shall return the subsidy paid in excess or by mistake.

The central competent authority may conduct inspections on the personnel qualifications and service conditions of Approved Professional Occupational Rehabilitation Institutions.
An Approved Professional Occupational Rehabilitation Institution shall not evade, hinder or refuse the inspection in the preceding paragraph.
As a result of the inspection in Paragraph 1, if the Approved Professional Occupational Rehabilitation Institution has issues that should be improved, the central competent authority shall notice it to improve within a time limit.

The central competent authority may conduct evaluations on the service and quality of Approved Professional Occupational Rehabilitation Institutions, and publicize the evaluation results.

If an Approved Professional Occupational Rehabilitation Institution falls under any of the following circumstances, the central competent authority may withdraw or annul its approval according to the seriousness of the circumstances after deliberation and approval by the Review Team:
1.The application document is false.
2.Avoiding, hindering or refusing tracking, visiting or checking by the central competent authorities.
3.According to the evaluation results of the preceding article, the service situation or quality is poor.
4.Violation of medical regulations.
5.The central competent authority noticed the improvement within a time limit in accordance with the provisions of Article 18, Paragraph 2, but no improvement was made within the time limit.
6.The central competent authority noticed the improvement within a time limit in accordance with the provisions of Article 20, Paragraph 3, but no improvement was made within the time limit.
7.Other violations of the provisions of the Act or this Regulation.
An Approved Professional Occupational Rehabilitation Institution whose accreditation has been withdrawn or annulled by the central competent authority in accordance with the provisions of the preceding paragraph shall not apply for accreditation in accordance with this Regulation within two years.

An approved Professional Occupational Rehabilitation Institution shall apply to the central competent authority for annulment of its accreditation within 30 days after the occurrence of any of the following circumstances; the central competent authority may also directly annul its accreditation:
1.The original application for approval has changed due to the change of qualifications.
2.Temporarily closed or closed under the Medical Act.
3.Suspension of matters handled by an approved Professional Occupational Rehabilitation Institution for some reason.

In case of one of the circumstances specified in the preceding two articles, the central competent authority may not grant the subsidy; if the subsidy has been requested, the central competent authority may revoke or abolish all or part of the subsidy, and order it to return within a time limit by written administrative sanctions.

If the central competent authority finds that the approved Professional Occupational Rehabilitation Institution violates medical regulations, it shall transfer it to the municipal or county (city) competent health authority for handling in accordance with the law; if the relevant personnel are involved in criminal responsibility, it shall be transferred to the judicial authority for handling.

The central competent authority may hold a liaison meeting of the approved Professional Occupational Rehabilitation Institution regarding the service of the accredited functional rehabilitation professional institution; the approved Professional Occupational Rehabilitation Institution shall also send personnel to attend.

The central competent authority may entrust the Occupational Accident Prevention and Rehabilitation Center as a juridical person as specified in Article 70 of this Act to handle the accreditation, management, inspection, evaluation, and review of subsidy fees for Professional Occupational Rehabilitation Institutions.

The forms and formats prescribed in this Regulation shall be prescribed by the central competent authority.

For those regulation of this implementation before the medical institutions subsidized by the Occupational Safety and Health Administration of the Ministry of Labor to provide occupational rehabilitation services for workers suffering from occupational accidents, after the implementation of this regulation, within the validity period of the contract, they are regarded as approved Professional Occupational Rehabilitation Institutions, and their various types of subsidy shall be handled in accordance with the relevant provisions of the Occupational Accident Labor Protection Act of Ministry of Labor (MOL).

This Regulation shall go into effect on May 1, 2022.