實驗性檢測方法違反醫師法案：非醫事機構檢測結果 vs.執行醫療業務的界線【學習式判解評析】 免費試閱
A Case in Violation of Physician Act: Examination Result from Private Laboratory without the Examination Slip Issued by a Physician
In this case review, the defendant, hereafter referred to as he, set up a company to operate the medical examination business, which was called “Canine detection of the human cancer VOC” (volatile organic compounds, VOC). The clinical trial was conducted in a collaborative manner with one national university hospital. Besides, he recruited a few healthy human subjects out of the trial and even charged them to estimate the risk of having cancer. He then delivered the documentations named “medical test report” to those individuals with the information about the probability of developing cancers and the needs for further medical intervention. The defendant was convicted of violation of article 28, Physician Act, and was sentenced to 6 months in prison, which could be commuted to a fine. This article analyzed part of the case about how to distinguish the differences between experimental examination methods, medical functions performed by medical technologists and the practicing of physicians.