物理治療師法第12條修正草案之若干疑慮與影響【本期企劃】 試閱
Some Doubts and Impact of the Draft Amendment to Article 12 of the Physiotherapists Act
本次物理治療師法第12條修正草案，醫界有認為人體生理或疾病常有系統性關聯，忽略結果將增加民眾身體健康受侵害危險。修正草案牽涉密醫罪，若從保護法益觀察，立法目的將遭受侵蝕。觀察司法實務見解，修正草案若通過也有使民俗療法入罪化之虞。修正草案使用不確定法律概念，「健康促進」意義不明，物理治療業務行為界定更加模糊，挑戰法律明確性原則；「非疾病治療」、「傷病預防」、「延緩失能照護」部分與歷來實務見解認為屬醫療行為應由醫師指示明顯不同，增加法之不安定。法律是否確有變動必要，值得商榷。
Regarding the draft amendment to Article 12 of the Physiotherapists Act, the medical community believes that human physiology or diseases are often systematically related, and the result of ignoring will increase the risk of people’s health. The draft amendment involves the interpretation of violation of the criminal law (The Article 28 of the Physicians Act), and the legislative purpose will be eroded from the perspective of legally protected interests. According to the judicial practice, the draft amendment is in danger of criminalizing folk healing if it is passed. The draft amendment uses indefinite legal concepts: the meaning of “health promotion” is unclear, the definition of physical therapy business behavior is vaguer, challenging the principle of legal certainty. The parts of “Non-disease treatment,” “injury prevention,” and “disability-delaying care” are obviously different from the traditional practical opinion that medical behavior should be instructed by a doctor, which increases the instability of the law. Whether it is really necessary to change the law is debatable.
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