Order for Enforcement of the Medical Practitioners' Act

Link to law: http://www.japaneselawtranslation.go.jp/law/detail_download/?ff=08&id=2344
Published: 2007

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Order for Enforcement of the Medical Practitioners' Act

The Cabinet hereby enacts this Cabinet Order based on the provision of Article 8 of the Medical Practitioners' Act (Act No. 201 of 1948).

(Fees for Registration, etc. of Completion of Re-education and Training)

Article 1 The fees that are specified by Cabinet Order as prescribed by Article 7-2, paragraph (4) of the Medical Practitioners' Act (hereinafter referred to as the "Act") shall be 3,100 yen (or 2,950 yen in cases where the electronic data processing system prescribed by Article 3, paragraph (1) of the Act on Use of Information and Communications Technology in Administrative Procedure (Act No. 151 of 2002) is used pursuant to the provision of the same paragraph).

(Technical Replacement of Terms Concerning Order of Re-education and Training)

Article 2 The technical replacement of terms pursuant to the provision of Article 7-2, paragraph (5) of the Act shall be as in the following table:

|Provision in the Act for which a term or phrase is deemed to be replaced|Term or phrase deemed to be replaced|Term or phrase to be used as replacement|

|Paragraph (11) of Article 7|paragraph (2)|paragraph (1) of the following Article|

||suspension of a medical practice|re-education and training|

|Article 7, paragraph (12), Item (i)|paragraph (2)|paragraph (1) of the following Article|

|Paragraph (14) of Article 7|paragraph (12) (including cases where replacements of terms are applied pursuant to the provisions of the second sentence of the preceding paragraph)|paragraph (12)|

|Paragraph (15) of Article 7|The prefectural governor or a member of the Medical Ethics Council|The prefectural governor|

||paragraph (11) or the first sentence of paragraph (13)|paragraph (11)|

|Paragraph (16) of Article 7|paragraph (5) or paragraph (11)|paragraph (11)|

||a hearing of opinions or an explanatory hearing|an explanatory hearing|

|Paragraph (17) of Article 7|Both the notice under Article 15 paragraph (1) of the Administrative Procedure Act as applied mutatis mutandis with replacements under paragraph (6) where a hearing of opinions is held pursuant to the provisions of paragraph (5), and a notice under paragraph (12) where an explanatory hearing is held pursuant to the provisions of paragraph (11)|A notice under paragraph (12) where an explanatory hearing is held pursuant to the provisions of paragraph (11)|

|Paragraph (18) of Article 7|paragraph (5) or paragraph (11)|paragraph (11)|

||a hearing of opinions or an explanatory hearing pursuant to the provisions of paragraph (5) or paragraph (11), or where a member of the Medical Ethics Council holds an explanatory hearing pursuant to the provisions of the first sentence of paragraph (13)|an explanatory hearing pursuant to the provision of paragraph (11)|

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(Application for License)

Article 3 A person who intends to receive a medical practitioner's license must submit a written application with the documents specified by Ordinance of the Ministry of Health, Labour and Welfare attached thereto to the Minister of Health, Labour and Welfare via a prefectural governor with jurisdiction over the domicile of the person.

(Particulars Registered in Registers of Medical Practitioners)

Article 4 The following particulars shall be registered in registers of medical practitioners:

(i) Registration number and registration date;

(ii) Prefecture of the registered domicile (or nationality for a person without Japanese nationality), name, date of birth and gender;

(iii) Date of passing the National Examination for Medical Practitioners;

(iv) Particulars concerning the dispositions prescribed by Article 7, paragraph (1) or (2) of the Act;

(v) A statement to the effect that the person has completed the re-education and training prescribed by Article 7-2, paragraph (2) of the Act;

(vi) A statement to the effect that the person has completed the advanced clinical training prescribed by Article 16-4, paragraph (1) of the Act; and

(vii) Other particulars determined by the Minister of Health, Labour and Welfare.

(Change of Registered Particulars)

Article 5 (1) Medical practitioners must apply for the correction of a register of medical practitioners within 30 days if there is any change in the registered particulars prescribed by item (ii) of the preceding Article.

(2) When filing the application prescribed in the preceding paragraph, the applicant must submit a written application with a document certifying the reason for the application to the Minister of Health, Labour and Welfare via a prefectural governor with jurisdiction over the domicile of the applicant.

(Removing Registration)

Article 6 (1) When applying to remove a registration from a register of medical practitioners, the applicant must submit a written application to the Minister of Health, Labour and Welfare via a prefectural governor with jurisdiction over the domicile of the applicant.

(2) When a medical practitioner has died or has become the subject of an adjudication of disappearance, the person who is obligated to submit a notification of the death or disappearance pursuant to the provisions of the Family Register Act (Act No. 224 of 1947) shall apply for erasing of the registration in the medical register within 30 days.

(Restrictions on Removing Registrations)

Article 7 When a medical practitioner who falls under item (iii) or (iv), Article 4 of the Act or who has acted in a way that may undermine their dignity as a medical practitioner, applies for the removal of a registration in a register of medical practitioners pursuant to the provision of paragraph (1) of the preceding Article after the Minister of Health, Labour and Welfare gives notice pursuant to the provision of Article 15, paragraph (1) of the Administrative Procedure Act (Act No. 88 of 1993) or the prefectural governor gives notice pursuant to the provision of Article 15, paragraph (1) of the Administrative Procedure Act which is applied mutatis mutandis under Article 7, paragraph (6) of the Act to the medical practitioner for making a disposition of revocation against the medical practitioner pursuant to the provision of Article 7, paragraph (2) of the Act, the Minister of Health, Labour and Welfare may withhold the removal of registration of the medical practitioner in the register of medical practitioners until the procedures for said disposition are completed.

(Replacement of License Certificates)

Article 8 (1) A medical practitioner may apply for a replacement of a license certificate when a change occurs to the particulars described in said license certificate.

(2) When filing the application prescribed in the preceding paragraph, the applicant must submit a written application with the license certificate to the Minister of Health, Labour and Welfare via a prefectural governor with jurisdiction over the domicile of the applicant.

(Reissuance of License Certificates)

Article 9 (1) A medical practitioner may apply for the reissuance of a license certificate when the medical practitioner has lost or damaged said license certificate.

(2) When filing the application prescribed in the preceding paragraph, the applicant must submit a written application to the Minister of Health, Labour and Welfare via a prefectural governor with jurisdiction over the domicile of the applicant.

(3) When filing the application prescribed by paragraph (1), the applicant must pay a fee of an amount determined by the Minister of Health, Labour and Welfare.

(4) When a medical practitioner who has damaged the license certificate files the application prescribed by paragraph (1), the medical practitioner must attach said license certificate to the written application.

(5) When after obtaining the reissuance of a license certificate, a medical practitioner subsequently finds the license certificate which they had previously lost, the medical practitioner shall return said found license certificate to the Minister of Health, Labour and Welfare via a prefectural governor with jurisdiction over the domicile of the medical practitioner within five days.

(Returning of License Certificates)

Article 10 (1) When a medical practitioner applies for the removal of a registration in a register of medical practitioners, the medical practitioner must return the license certificate to the Minister of Health, Labour and Welfare via a prefectural governor with jurisdiction over the domicile of the medical practitioner. The same shall apply to a person who applies for the removal of a registration in a register of medical practitioners pursuant to the provision of Article 6, paragraph (2).

(2) Medical practitioners must return their license certificate to the Minister of Health, Labour and Welfare via a prefectural governor with jurisdiction of the domicile of the medical practitioner within five days if the medical practitioner has been subject to a disposition of revocation of license.

(Delegation to Ministerial Ordinance)

Article 11 In addition to what is provided for in this Cabinet Order, necessary particulars concerning the procedures for applying for a medical practitioner's license, correction of a register of medical practitioners or the replacement or reissuance of a license certificate shall be specified by an Ordinance of the Ministry of Health, Labour and Welfare.

(Fees for Registration, etc. of Completion of Advanced Clinical Training)

Article 12 The fees that are specified by Cabinet Order as prescribed by Article 16-5 of the Act shall be 3,100 yen (or 2,950 yen in cases where the electronic data processing system prescribed by Article 3, paragraph (1) of the Act on Use of Information and Communications Technology in Administrative Procedures is used pursuant to the provision of the same paragraph).

(Medical Practitioner Examiners)

Article 13 (1) Medical Practitioners Examiners (hereinafter referred to as "Examiners") shall be appointed by the Minister of Health, Labour and Welfare from among persons with relevant knowledge and experience necessary for conducting the National Examination for Medical Practitioners or the National Preliminary Examination for Medical Practitioners.

(2) The number of Examiners shall be 145 or less.

(3) The term of office of Examiners shall be two years; provided, however, that the term of office of an Examiner who fills a vacancy shall be the remaining term of said Examiner's predecessor.

(4) Examiners shall serve on a part-time basis.

(Particulars to be Published)

Article 14 The particulars specified by Cabinet Order as prescribed by Article 30-2 of the Act shall be as follows:

(i) Name and gender of the medical practitioner;

(ii) Registration date of the medical register;

(iii) Particulars concerning the disposition set forth in Article 7, paragraph (2), item (i) of the Act (limited to the particulars concerning a medical practitioner who has been subject to the disposition, ordered to undergo re-education and training for the disposition pursuant to the provision of Article 7-2, paragraph (1) of the Act and who has not completed the re-education and training); and

(iv) Particulars concerning the disposition set forth in Article 7, paragraph (2), item (ii) of the Act and falling under either of the following:

(a) Disposition of a medical practitioner for whom the term of suspension from medical practice determined by the Minister of Health, Labour and Welfare has not elapsed

(b) Disposition of a medical practitioner who has been subject to said disposition, ordered to undergo re-education and training for the disposition pursuant to the provision of Article 7-2, paragraph (1) of the Act and who has not completed the re-education and training

(Classification of Administrative Affairs)

Article 15 The affairs to be administered by prefectures pursuant to the provisions of Article 3, Article 5, paragraph (2), Article 6, paragraph (1), Article 8, paragraph (2), Article 9, paragraphs (2) and (5) and Article 10 shall be the Type I statutory entrusted functions prescribed by Article 2, paragraph (9), item (i) of the Local Autonomy Act (Act No. 67 of 1947).

Supplementary Provisions

(Effective Date)

(1) This Cabinet Order shall come into effect as of the date of promulgation.

(Period, etc. for Repayment of Loans from the National Government)

(2) The term specified by Cabinet Order as prescribed by Article 44, paragraph (2) of the Act shall be five years (including a grace period of two years).

(3) The term prescribed in the preceding paragraph shall be counted, for each decision of loan made pursuant to the provision of Article 6, paragraph (1) of the Act on Regulation of Execution of Budget Pertaining to Subsidies, etc. (Act No. 179 of 1955) as replaced and applied mutatis mutandis pursuant to the provision of Article 5, paragraph (1) of the Act on Special Measures Concerning Promotion of Social Infrastructure Development Through Use of Proceeds from Sale of the Stock of the Nippon Telegraph and Telephone Corporation (Act No. 86 of 1987) (hereinafter referred to as the "decision of loan"), from the day following the date on which the delivery of loan from the national government (hereinafter referred to as the "loan from the national government") has been completed with regard to said decision of loan pursuant to the provision of Article 44, paragraph (1) of the Act (or, if said date falls on or after the day preceding the last day of a fiscal year when the decision of loan is made, the date which is two days prior to the last day of the fiscal year).

(4) The repayment of a loan from the national government shall be made by means of equal annual installments.

(5) The national government may require repayment of monies loaned thereby, in whole or in part, ahead of the due date for repayment determined pursuant to the provisions of the preceding three paragraphs if it finds it appropriate to do so after taking into consideration the state of national finances.

(6) The cases specified by Cabinet Order as prescribed by Article 44, paragraph (5) of the Act means cases where repayment is made ahead of the due date for repayment pursuant to the provision of the preceding paragraph.

Supplementary Provisions [Cabinet Order No. 269 of October 31, 1969] [Extract]

(1) This Cabinet Order shall come into effect as of November 1, 1969.

Supplementary Provisions [Cabinet Order No. 393 of December 8, 1999] [Extract]

(Effective Date)

Article 1 This Cabinet Order shall come into effect as of April 1, 2000.

Supplementary Provisions [Cabinet Order No. 309 of June 7, 2000] [Extract]

(Effective Date)

(1) This Cabinet Order shall come into effect as of the date of enforcement of the Act for Partial Revision of the Cabinet Act (Act No. 88 of 1999) (January 6, 2001).

Supplementary Provisions [Cabinet Order No. 27 of February 8, 2002] [Extract]

(Effective Date)

Article 1 This Cabinet Order shall come into effect as of the date of promulgation.

Supplementary Provisions [Cabinet Order No. 57 of March 23, 2006] [Extract]

This Cabinet Order shall come into effect as of April 1, 2006.

Supplementary Provisions [Cabinet Order No. 9 of January 19, 2007] [Extract]

(Effective Date)

Article 1 This Cabinet Order shall come into effect as of April 1, 2007.