The Legislative Yuan yesterday passed an amendment to the Criminal Code that would impose a prison sentence of up to three years for drivers who test positive for narcotics, adding a testing requirement to the current law and eliminating a stipulation that use of drugs prevented the person from driving safely.
Drivers who test positive for narcotics, anesthetics or similar products face up to three years in prison and a fine of up to NT$300,000 (US$9,562), the amendment to Article 185-3 states, bringing the definition in line with that for drunk driving, which specifies testing criteria.
Current regulations state that if the offense results in death, the offender can be sentenced to three to 10 years in jail and may be fined up to NT$2 million, or if it causes serious injuries, the offender may be jailed for one to seven years and fined up to NT$1 million.
Photo courtesy of the Tainan Police Department via CNA
The Executive Yuan proposed the amendment in June last year to make driving under the influence of narcotics, anesthetics and similar products more explicit, stating that a positive urine test would indicate a direct violation of the law.
The amendment also states that even if the driver’s narcotics test is not positive, but there are circumstances that give credible proof that they are a drug user and could harm public safety by driving, the driver would still be considered in violation of Article 185-3.
Separately yesterday, the Legislative Yuan passed third reading amendments to the Occupational Therapist Act (職能治療師法), granting occupational therapists more leeway in exercising their professional expertise.
Democratic Progressive Party (DPP) Legislator Wu Yu-chin (吳玉琴) said she proposed the amendments after the Ministry of Health and said that occupational therapists were no longer required to serve only at medical institutions.
DPP legislators Chuang Ching-cheng (莊競程) and Wang Mei-hui (王美惠) said occupational therapists would no longer be constrained to being assistants in therapies.
Requiring a doctor’s diagnosis for all conditions significantly hampers the ability of occupational therapists to contribute to promoting health, preventing injuries, raising awareness of proper safeguards when playing sports and delaying the onset of disabilities, they said.
The amended Article 12 states that occupational therapists should follow the diagnoses or notices from doctors, but not in cases which do not involve treatment of a disease.
The amendment was followed with an affixed resolution demanding that the ministry convene meetings and define the parameters of “not for treatment of a disease” within three months of the amendment taking effect.
New Power Party Chairwoman Claire Wang (王婉諭) said that the law governing occupational therapists was outdated, showing gross disrespect toward the profession.
Wang said she hoped the Legislative Yuan would continue to push for more amendments that would allow occupational therapists to contribute to the promotion of long-term healthcare, psychiatric rehabilitation, children’s medicine and special education.
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