逾越醫療行為範圍之法律責任(一)—論醫療行為與醫療輔助行為【醫事法學教室】 試閱
The Legal Responsibilities of the Surpassing the Scope of Medical Medical Behavior (I): the Focus on Medical Behavior and Medical Auxiliary Behavior
醫師「逾越醫療行為（業務）範圍」不是醫師法第28條之法定要件，而應是構成醫師法第28條之4之行政秩序罰事由。此外，未具物理治療人員資格者且未依醫師指示執行物理治療業務，應論以醫師法第28條之罪名；但如其係受「醫師指示」而執行物理治療業務，則應論以物理治療師法第32條第1項之罪名。
“Beyond the scope of medical behavior (business)” of the Physicians is not a statutory requirement of Article 28 of the Physician Law, but it should constitute the administrative penalty for Article 28-4 of the Physician Law. Moreover, those who are not qualified as physiotherapy personnel and do not follow the instructions of the physician to perform the physiotherapy business shall be guilty of the offence of Article 28 of the Physician Law. However, if he is instructed by a “physician” to perform the physical therapy business, he should be convicted of Article 32, paragraph 1 of the Physical Therapist Law.
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