In 2021, a gynecologist at National Taiwan University Hospital’s (NTUH) Department of Obstetrics and Gynecology was accused of digitally penetrating a young female patient visiting the emergency room under the pretense of conducting a “sexual response test.” Earlier this week, the doctor, surnamed Huang (黃), was sentenced to three years in prison.
NTUH issued a demerit against Huang after his conduct was discovered, but he had little issue transferring to another clinic in Taoyuan, where he practiced for the past three years. Huang only resigned on Monday, after he was handed his sentence and publicity escalated.
This incident exposes a disturbing loophole — even if a physician has committed a serious offense, they can continue practicing elsewhere as long as their medical license has not been revoked and disciplinary procedures have not been finalized. In other highly specialized professions, such as law, misconduct often results in immediate license revocation and a public disciplinary listing. For such a regulatory gap to exist in the field of medicine — in which health professionals interact with vulnerable patients daily — suggests a major systemic failure.
According to regulations, initiating disciplinary action against a physician is the responsibility of the health department in the city where that physician practices. The Taoyuan Department of Public Health took on Huang’s case and the determination of whether to refer it to the disciplinary committee, but as he is no longer registered to practice in Taoyuan as of Monday and the incident occurred in Taipei, the case will be transferred back to the Taipei Department of Health.
Meanwhile, the Department of Medical Affairs and Department of Protective Services are considering amendments that would allow for the public disclosure of physicians’ names and practice status to protect patients’ rights to know and right to choose. This is a tug-of-war between institutions and reality — while physicians are granted professional autonomy, should there not be mechanisms in place to disclose actions that involve criminal liability or serious misconduct?
Previous medical scandals were often met with immediate and extreme public condemnation, while subsequent administrative penalties were all bark and no bite. Under the Physicians Act (醫師法) and the Medical Care Act (醫療法), disciplinary measures for physicians involve multiple reviews, and there is no regulation requiring that disciplinary lists be disclosed publicly.
Although the purpose of this system is to prevent any pretrial judgement, in cases where a verdict has already been passed in the court of first instance — especially those incidents regarding patient rights and public safety — should such information not be promptly disclosed?
This case serves as a grim reminder that when a system fails to promptly prevent cases of misconduct, it risks pushing the entire healthcare environment to the brink of losing public trust. The health ministry and the legislature must implement reforms, review disciplinary procedures and establish clear mechanisms for the suspension or revocation of medical licenses following criminal convictions.
A list of medical professionals guilty of sexual misconduct should be created and made publicly accessible to ensure that patients have access to adequate information and protection when seeking medical care.
If these loopholes are not mended, any one of us could be the next victim. Are you still willing to entrust your body to a doctor whose past misconduct might have not yet been brought to light? The problem extends far beyond this incident — it is a shared risk we all face.
Li Pei-ying is a project manager.
Translated by Kyra Gustavsen
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