Dieticians' Act

Link to law: http://www.japaneselawtranslation.go.jp/law/detail_download/?ff=08&id=2349
Published: 2007

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Dieticians' Act (Tentative translation)

Article 1 (1) The term "Dietician" as used in this Act means a person who is engaged in the services of providing nutrition education using the title of Dietician under licensure from a prefectural governor.

(2) The term "Registered Dietician" as used in this Act means a person who is engaged in the services of providing nutrition education necessary for medical treatment of the sick and injured, nutrition education for maintaining and promoting health which is specific to the physical conditions, nutritional conditions and the like of each individual and requires highly specialized knowledge and skills, and the services of providing food service management at food service facilities which provide meals to a large number of specific people on a continuous basis, which management requires special care depending on the physical conditions, nutritional conditions, state of use and the like of or by the users of such facilities, and providing guidance and instructions necessary for nutrition improvement to such facilities, using the title of Registered Dietician under licensure from the Minister of Health, Labour and Welfare.

Article 2 (1) The license of Dietician shall be granted by a prefectural governor to a person who has learned the knowledge and skills required of a training school for Dietician designated by the Minister of Health, Labour and Welfare (hereinafter referred to as the "training school") for two years or longer.

(2) A person who is qualified to enter the training school shall be the one prescribed by Article 90 of the School Education Act (Act No. 26 of 1947).

(3) The license of Registered Dietician shall be granted by the Minister of Health, Labour and Welfare to a person who has passed the national examination for Registered Dietician.

Article 3 The license of Dietician or Registered Dietician might not be granted to a person who falls under either of the following items:

(i) A person who has been sentenced to a criminal fine or severer punishment; or

(ii) Other than the one falling under the preceding item, a person who has committed a crime or misconduct in relation to the services prescribed by Article 1.

Article 3-2 (1) Each prefecture shall keep the Dietician registry and register the matters concerning the license of Dietician.

(2) The Ministry of Health, Labour and Welfare shall keep the Registered Dietician registry and register the matters concerning the license of Registered Dietician.

Article 4 (1) Dietician licensure shall be done via registration in the Dietician registry by the prefectural governor.

(2) Each prefectural governor shall deliver the certificate of Dietician when a license of Dietician has been granted.

(3) Registered Dietician licensure shall be done via registration in the Registered Dietician registry by the Minister of Health, Labour and Welfare.

(4) The Minister of Health, Labour and Welfare shall deliver the certificate of Registered Dietician when a license of Registered Dietician has been granted.

Article 5 (1) When a Dietician comes to fall under either item of Article 3, the prefectural governor may revoke the licensure of such Dietician or order him/her to suspend the use of the title of Dietician for a fixed period not exceeding one year.

(2) When a Registered Dietician comes to fall under either item of Article 3, the Minister of Health, Labour and Welfare may revoke the licensure of such Registered Dietician or order him/her to suspend the use of the title of Registered Dietician for a fixed period not exceeding one year.

(3) When a prefectural governor has revoked the licensure of a Dietician or ordered a Dietician to suspend the use of the title of Dietician pursuant to the provision of paragraph (1), he/she shall promptly give notice to the Minister of Health, Labour and Welfare to that effect.

(4) When the Minister of Health, Labour and Welfare has revoked the licensure of a Registered Dietician or ordered a Registered Dietician to suspend the use of the title of Registered Dietician pursuant to the provision of paragraph (2), he/she shall promptly give notice to that effect to the prefectural governor who has granted the license of Dietician to the person who has become subject to the revocation or suspension.

Article 5-2 The Minister of Health, Labour and Welfare shall hold a national examination for Registered Dietician with respect to the knowledge and skills required of a Registered Dietician at least once a year.

Article 5-3 No person other than a Dietician who falls under any of the following items is qualified to take the national examination for Registered Dietician:

(i) A person who has engaged in the services of providing nutrition education for three years or longer at the facilities specified by an Ordinance of the Ministry of Health, Labour and Welfare after graduating from a training school with two-year training term and obtaining the license of Dietician;

(ii) A person who has engaged in the services of providing nutrition education for two years or longer at the facilities specified by an Ordinance of the Ministry of Health, Labour and Welfare after graduating from a training school with three-year training term and obtaining the license of Dietician;

(iii) A person who has engaged in the services of providing nutrition education for one year or longer at the facilities specified by an Ordinance of the Ministry of Health, Labour and Welfare after graduating from a training school with four-year training term and obtaining the license of Dietician; or

(iv) A person who has graduated from a training school with four-year training term which is designated by the Minister of Education, Culture, Sports, Science and Technology and the Minister of Health, Labour and Welfare in case such institute is a school (meaning a school set forth in Article 1 of the School Education Act, or a specialized training college set forth in Article 125 of the same Act or a miscellaneous school set forth in Article 134 of the same Act which is established by an establisher of a school set forth in Article 1 of the same Act; hereinafter the same shall apply in this item), or by the Minister of Health, Labour and Welfare in case such institute is one other than a school, according to the standards specified by a Cabinet Order (hereinafter referred to as the "training school for Registered Dieticiantraining school").

Article 5-4 When there is a misconduct relating to the national examination for Registered Dietician, the person involved in such misconduct may be stopped from taking the examination, or the examination of such person may be invalidated. In this case, such person may be barred from taking the national examination for Registered Dietician for a specified period.

Article 5-5 When a Registered Dietician provides nutrition education necessary for the medical treatment of the sick and injured, he/she shall follow guidance of the attending physician.

Article 6 (1) No person other than a Dietician may engage in the services prescribed by paragraph (1) of Article 1 using the title of Dietician or any other similar title.

(2) No person other than a Registered Dietician may engage in the services prescribed by paragraph (2) of Article 1 using the title of Registered Dietician or any other similar title.

Article 6-2 The position of Registered Dietician national examiner shall be established in the Ministry of Health, Labour and Welfare to administer affairs related to the national examination for Registered Dietician.

Article 6-3 The Registered Dietician national examiner and other persons administering affairs related to the national examination for Registered Dietician shall maintain a strict and fair attitude and avoid any misconduct in their administration of such affairs.

Article 6-4 (1) The authority of the Minister of Health, Labour and Welfare provided for in this Act may be delegated to the Director-General of a Regional Bureau of Health and Welfare, as specified by an Ordinance of the Ministry of Health, Labour and Welfare.

(2) The authority delegated to the Director-General of a Regional Bureau of Health and Welfare pursuant to the provision of the preceding paragraph may be delegated to the Director-General of a Regional Branch Bureau of Health and Welfare, as specified by an Ordinance of the Ministry of Health, Labour and Welfare.

Article 7 In addition to what is provided for in this Act, matters necessary for the licensure and certificate of license of Dietician, training school, licensure and certificate of license of Registered Dietician, training school for Registered Dieticiant, national Registered Dietician Examination and Registered Dietician national examiner shall be specified by a Cabinet Order.

Article 7-2 A person who has divulged examination questions in advance intentionally or through gross negligence or who has given unfair scores intentionally, in violation of the provision of Article 6-3, shall be punished by imprisonment with work for not more than six months or a fine of not more than five hundred thousand yen.

Article 8 A person who falls under any of the following items shall be punished by a fine of not more than three hundred thousand yen:

(i) A person who has been ordered to suspend the use of the title of Dietician pursuant to the provision of paragraph (1) of Article 5 and who, during the period specified by such order, has engaged in the services prescribed by paragraph (1) of Article 1 using the title of Dietician;

(ii) A person who has been ordered to suspend the use of the title of Registered Dietician pursuant to the provision of paragraph (2) of Article 5 and who, during the period specified by such order, has engaged in the services prescribed by paragraph (2) of Article 1 using the title of Registered Dietician;

(iii) A person who has engaged in the services prescribed by paragraph (1) of Article 1 using the title of Dietician or any other similar title, in violation of the provision of paragraph (1) of Article 6; or

(iv) A person who has engaged in the services prescribed by paragraph (2) of Article 1 using the title of Registered Dietician or any other similar title, in violation of the provision of paragraph (2) of Article 6.

Supplementary Provisions

Article 9 This Act shall come into effect as from January 1, 1948.

Article 10 The Ordinance for Dietician (Ordinance of Ministry of Health and Welfare No. 14 of 1945) is hereby abolished.

Article 11 The dispositions and other acts made or conducted pursuant to the provisions of the Ordinance of Ministry of Health and Welfare No. 14 of 1945, the Ordinance for Dietician, prior to the enforcement of this Act shall be deemed as the dispositions and other acts made or conducted pursuant to the corresponding provisions of this Act or an order issued under this Act.

Article 12 A person who has graduated from a secondary school under the Secondary School Ordinance or who is deemed to have the equivalent or greater scholastic ability by the Minister of Education, Culture, Sports, Science and Technology may enter the training school for Dietician prescribed by paragraph (1) of Article 2, until otherwise provided for by law, notwithstanding the provision of paragraph (2) of the same Article.

Supplementary Provisions [Extract]

(1) This Act shall come into effect as from April 1, 1950.

Supplementary Provisions [Extract]

(1) This Act shall come into effect as from September 1, 1953.

(2) Permission, authorization or other dispositions, or application, notification or other procedures made, given or taken pursuant to the provisions of the former laws and regulations prior to the enforcement of this Act shall be deemed as the dispositions and procedures made or taken pursuant to the corresponding provisions after the revision respectively.

Supplementary Provisions [Extract]

(Effective Date)

(1) The provisions of Article 1 of this Act and paragraphs (2) through (4) and paragraph (6) of the Supplementary Provisions of this Act shall come into effect as from April 1, 1963, and the provisions of Article 2 of this Act and paragraph (5) of the Supplementary Provisions of this Act shall come into effect as from April 1, 1964.

(Special Provisions on Examination for Registered Dietician)

(2) In an examination for Registered Dietician prescribed by Article 5-3 of the revised Dieticians' Act, a person who falls under any of the following items at the time of enforcement of the provision of Article 1 and who, after obtaining the license of Dietician, has engaged in the services of providing nutrition education at the facilities specified by an Ordinance of the Ministry of Health and Welfare for a period exceeding five years, shall be exempt from some of the examination subjects until otherwise provided for by law:

(i) A person who has obtained the license of Dietician;

(ii) A person who is qualified to obtain the license of Dietician; or

(iii) A person who is under training at the training school set forth in item (i), paragraph (1), Article 2 of the Dieticians' Act.

(3) The preceding paragraph shall also apply when a person who, at the time of enforcement of the provision of Article 1, falls under the provision of paragraph (3), Article 2 or paragraph (2), Article 12 of the Dieticians' Act, or is the one prescribed by Article 56 of the School Education Act (Act No. 26 of 1947) and is in practical training of the services of Dieticians, or is the one who has graduated from a secondary school under the Secondary School Ordinance (Imperial Ordinance No. 36 of 1943) or is deemed to have the equivalent or greater scholastic ability by the Minister of Education and is in practical training of the services of Dieticians, obtains the license of Dietician on or prior to March 31, 1965 and subsequently has engaged in the services of providing nutrition education at the facilities specified by an Ordinance of the Ministry of Health and Welfare for a period exceeding five years.

(Special Provisions on Registration of Registered Dietician)

(4) A person who falls under the provision of paragraph (2) of the Supplementary Provisions or the preceding paragraph and who is recognized by the Minister of Health and Welfare as a person who should be exempt from the examination conducted pursuant to the provision of paragraph (2) of the Supplementary Provisions or the preceding paragraph, after examining, according to the standards specified by an Ordinance of the Ministry of Health and Welfare, the facilities where such person has engaged in the services of providing nutrition education and the substance of such services, may become a Registered Dietician by having his/her name registered in the Registered Dietician registry prescribed by Article 5-2 of the revised Dieticians' Act, notwithstanding the provision of the same Article.

Supplementary Provisions

This Act shall come into effect as from the date of promulgation; provided, however, that the revising provision for deleting the row for the pharmacist examination council in the table in paragraph (1), Article 29 of the Act for Establishment of the Ministry of Health and Welfare in Article 1 and the provisions of Articles 10 and 11 shall come into effect as from September 1, 1969; and the revising provision for the row for the nutrition council in the table in paragraph (1), Article 29 of the Act for Establishment of the Ministry of Health and Welfare, the revising provision for revising the row for the medical practitioners' examination and training council in the same table, the revising provision for deleting the rows for the dentists' examination council, the council for public health nurses, birthing assistants and nurses and the council for physical therapists and occupational therapists in the same table, and the revising provision for adding the proviso to item (iii), Article 36-7 of the same Act and the revising provision for adding one item to Article 36-8 of the same Act, each in Article 1, and the provisions of Articles 2 through 9 shall come into effect as from November 1, 1969.

Supplementary Provisions [Extract]

(Effective Date)

Article 1 This Act shall come into effect as from April 1, 1987.

(Persons Obtaining License of Dietician under Former Act)

Article 2 A person who is the one set forth in item (ii), paragraph (1), Article 2 of the Dieticians' Act prior to revision by this Act (hereinafter referred to as the "Former Act") and has obtained the license of Dietician at the time of enforcement of this Act shall be deemed as a person who has obtained the license of Dietician pursuant to the provision of paragraph (1), Article 2 of the Dieticians' Act as revised by this Act (hereinafter referred to as the "New Act").

(Certificate of License of Dietician under Former Act)

Article 3 The certificate of license of Dietician delivered to a person set forth in item (ii), paragraph (1), Article 2 of the Former Act pursuant to the provision of Article 4 of the Former Act shall be deemed as the certificate of license of Dietician delivered pursuant to the provision of Article 4 of the New Act.

(Registration in Registered Dietician Registry under Former Act)

Article 4 The registration of a person prescribed by Article 5-2 of the Former Act in the Registered Dietician registry made pursuant to the provision of the same Article shall be deemed as the registration in the Registered Dietician registry made pursuant to the provision of Article 5-2 of the New Act.

(Special Provisions on License of Dietician)

Article 5 (1) A person who has passed the examination for Dietician pursuant to the provisions of the Former Act (including the examination for Dietician to which the provisions then in force remain applicable pursuant to the provision of the following paragraph) may obtain the license of Dietician, notwithstanding the provision of paragraph (1), Article 2 of the New Act.

(2) The provisions then in force shall remain applicable to the examination for Dietician until March 31, 1992.

(3) A person who falls under paragraph (3), Article 2 or paragraph (2), Article 12 of the Former Act may take the examination for Dietician set forth in the preceding paragraph.

(4) The affairs related to the examination for Dietician set forth in paragraph (2) shall be administered by the Registered Dietician national examiner prescribed by Article 6-2 of the New Act.

(Special Provisions on Registration of Registered Dietician)

Article 6 (1) A person who has passed the examination for Registered Dietician prescribed by Article 5-3 of the Former Act or who has graduated from the training school for Dietician designated under item (ii), Article 5-2 of the Former Act prior to the date of enforcement of this Act, or a person who is learning the knowledge and skills required of a Registered Dietician at the training school for Dietician designated under the same item at the time of enforcement of this Act and who has graduated from such training school after the enforcement of this Act may become a Registered Dietician by having his/her name registered in the Registered Dietician registry prescribed by Article 5-2 of the New Act, notwithstanding the provision of the same Article.

(2) A person prescribed by paragraph (4) of the Supplementary Provisions of the Act for Partial Revision of the Dieticians' Act, etc. (Act No. 158 of 1962; hereinafter referred to as the "Revising Act of 1962") may become a Registered Dietician by having his/her name registered in the Registered Dietician registry prescribed by Article 5-2 of the New Act, notwithstanding the provision of the same Article, only until March 31, 1990.

(Special Provisions on Qualifications, etc. for the National Examination for Registered Dietician)

Article 7 (1) A person prescribed by paragraph (2) or (3) of the Supplementary Provisions of the Revising Act of 1962 (excluding the one allowed to take the national examination for Registered Dietician pursuant to the provision of Article 5-4 of the New Act) may take the national Registered Dietician Examination, notwithstanding the provision of the same Article, only until March 31, 1990.

(2) A person who has graduated from the training school for Dietician designated under item (iii), Article 5-4 of the Former Act at the time of enforcement of this Act may take the national examination for Registered Dietician until otherwise provided for by law, notwithstanding the provision of Article 5-4 of the New Act.

(3) When a person prescribed by paragraph (2) or (3) of the Supplementary Provisions of the Revising Act of 1962 takes the national examination for Registered Dietician pursuant to the provision of Article 5-4 of the New Act or paragraph (1), he/she may be partially exempt from the national examination for Registered Dietician, as specified by an Ordinance of the Ministry of Health and Welfare, only until March 31, 1990.

(Transitional Measures Concerning Designation of Training schools for Dieticians)

Article 8 The training schools for Dietician which have been designated under item (ii), Article 5-2 of the Former Act at the time of enforcement of this Act shall be deemed as having been designated under paragraph (2), Article 5-3 of the New Act.

(Dispositions and Procedures under Former Act)

Article 9 Unless otherwise specifically provided for in these Supplementary Provisions, any disposition, procedure or other act made, taken or conducted under the Former Act shall be deemed to have been made, taken or conducted under the New Act to the extent there is any corresponding provision in the New Act.

(Transitional Measures Concerning Penal Provisions)

Article 10 With regard to the application of penal provisions to acts committed prior to the enforcement of this Act, the provisions then in force shall remain applicable.

Supplementary Provisions [Extract]

(Effective Date)

Article 1 This Act shall come into effect from the day specified by a Cabinet Order within a period not exceeding one year from the date of promulgation.

Supplementary Provisions [Extract]

(Effective Date)

Article 1 This Act shall come into effect as from April 1, 2002.

(Persons Registered in Registered Dietician Registry Provided for in Former Act)

Article 2 A person who has had his/her name registered in the Registered Dietician registry prescribed by Article 5-2 of the Dieticians' Act prior to revision by this Act (hereinafter referred to as the "Former Act") at the time of enforcement of this Act shall be deemed as a person who has obtained the license of Registered Dietician pursuant to the provision of paragraph (3), Article 2 of the Dieticians' Act as revised by this Act (hereinafter referred to as the "New Act").

(Special Provisions on License of Registered Dietician)

Article 3 A person who has passed the national examination for Registered Dietician pursuant to the provision of Article 5-3 of the Former Act or a person prescribed by paragraph (1), Article 6 of the Supplementary Provisions of the Act for Partial Revision of the Dieticians' Act and the Nutrition Improvement Act (Act No. 73 of 1985) may obtain the license of Registered Dietician, notwithstanding the provision of paragraph (3), Article 2 of the New Act.

(Transitional Measures Concerning Designation of Training schools)

Article 4 The training schools which have been designated under paragraph (2), Article 5-3 of the Former Act at the time of enforcement of this Act shall be deemed as having been designated under item (iv), Article 5-3 of the New Act.

(Transitional Measures Concerning National Examination for Registered Dietician)

Article 5 (1) Until March 31, 2005, the phrase "required of a Registered Dietician" in Article 5-2 of the New Act shall be deemed to be replaced with "which are highly professional in relation to nutrition education".

(2) The provision of Article 5-3 of the New Act shall not apply to the national examination for Registered Dietician conducted pursuant to the provision of Article 5-2 of the New Act as replaced pursuant to the preceding paragraph, and the provisions of paragraph (2), Article 5-3 and Article 5-4 of the Former Act shall remain in force.

(3) A person who is the one prescribed by paragraph (2), Article 5-3 of the Former Act as of the day before the date of enforcement of this Act may take the national examination for Registered Dietician on and after April 1, 2005, notwithstanding the provision of Article 5-3 of the New Act.

(4) A person who falls under any of the items of Article 5-4 of the Former Act, which are deemed to remain in force pursuant to the provision of paragraph (2) as of March 31, 2005 (excluding the one prescribed in the preceding paragraph), may take the national examination for Registered Dietician during the period from April 1 of the same year through March 31, 2010, notwithstanding the provision of Article 5-3 of the New Act.

(Dispositions under Former Act)

Article 6 Unless otherwise specifically provided for in these Supplementary Provisions, any disposition or other act made or conducted under the Former Act shall be deemed to have been made or conducted under the New Act to the extent there is any corresponding provision in the New Act.

(Transitional Measures Concerning Penal Provisions)

Article 7 With regard to the application of penal provisions to acts committed prior to the enforcement of this Act, the provisions then in force shall remain applicable.

Supplementary Provisions [Extract]

(Effective Date)

Article 1 This Act shall come into effect from the day specified by a Cabinet Order within a period not exceeding one month from the date of promulgation.

(Review)

Article 2 After approximately five years from the enforcement of this Act, the government shall review how the grounds for disqualification in the respective Acts after their revision by this Act as relate to persons with disabilities should be, taking into account the status of enforcement of the provisions concerning such grounds for disqualification, and shall take necessary measures based on the results of such review.

(Transitional Measures Concerning Relicensure)

Article 3 If a person's license has been revoked on the grounds for revocation of licensure provided for in the respective Acts prior to their revision by this Act, which are equivalent to the grounds for revocation that, pursuant to the respective Acts after their revision by this Act, allow for a person to be granted a relicense (hereinafter referred to as the "grounds for revocation of licensure allowing relicensure" in this Article), the provisions concerning relicensure in the respective Acts after their revision by this Act shall apply by regarding that such person has had his/her license revoked on the grounds for revocation of licensure allowing relicensure.

(Transitional Measures Concerning Penal Provisions)

Article 4 With regard to the application of penal provisions to acts committed prior to the enforcement of this Act, the provisions then in force shall remain applicable.

Supplementary Provisions [Extract]

(Effective Date)

Article 1 This Act shall come into effect from the day specified by a Cabinet Order within a period not exceeding six months from the date of promulgation.