中醫醫療機構負責醫師訓練計畫之適法性探討【本期企劃】 試閱
The Legality of “Plan of Instituting Physicians for the two-year Responsible Physicians Training of the Chinese Medicine Institution”
「中醫醫療機構負責醫師訓練計畫」為中醫負責醫師之認定訓練年資,但卻因欠缺法規授權,不符合委託行使公權力的要件,由人民團體出具之師資認證與完訓證明皆非行政處分,權益受影響者亦無法定救濟管道,實屬不當。
The “Plan of Instituting Physicians for the two-year Responsible Physicians Training of the Chinese Medicine Institution” is recognized as seniority of Chinese physicians. Due to the lack of regulatory authorization, the plan does not meet the essentials of the delegation of powers. Besides, both teacher certification and certificate of completion issued by civil associations are not meet the requirement of administrative sanctions. There are no statutory means for the relief of right to those whose rights are impaired. This situation should be corrected.
030-044