Law concerning the Exceptional Cases of the Medical Practitioners' Act, Article 17, on the Advanced Clinical Training of Foreign Medical Practitioners, etc.

Link to law: http://www.japaneselawtranslation.go.jp/law/detail_download/?ff=08&id=78
Published: 2006

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Law concerning the Exceptional Cases of the Medical Practitioners' Act, Article 17, on the Advanced Clinical Training of Foreign Medical Practitioners, etc.

(Purpose)

Article 1 The purpose of this Law is to provide for special measures concerning Article 17 of the Medical Practitioners' Act (Act No. 201 of 1948), Article 17 of the Dentists Act (Act No. 202 of 1948), and Article 31, paragraph (1) of the Act on Public Health Nurses, Midwives and Nurses (Act No. 203 of 1948), etc. to enable the foreign medical practitioners or dental practitioners, or foreign nurses, etc. who have entered Japan for the purpose of learning medical knowledge and skills, to engage in medical or dental practices or any practice prescribed by Article 5 of the Act on Public Health Nurses, Midwives and Nurses, etc.

(Definitions)

Article 2 In this Law, the meanings of the terms listed in the following items shall be as prescribed respectively in those items.

(i) The term "foreign medical practitioner" means a person who has a license which corresponds to the license for a medical practitioner in a foreign country.

(ii) The term "foreign dental practitioner" means a person who has a license which corresponds to the license for a dental practitioner in a foreign country.

(iii) The term "foreign nurse, etc." means a person who has a license which corresponds to the license for a midwife, nurse, dental hygienist (shikaeiseishi), medical radiology technician (shinryouhoushasengishi), dental technician (shikagikoushi), clinical laboratory technician (rinshoukensagishi), physical therapist (rigakuryouhoushi), occupational therapist (sagyouryouhoushi), orthoptist (shinoukunrenshi), clinical engineer (rinshoukougakugishi), prosthetist (gishisougushi), speech-language-hearing therapist (gengochoukakushi) or emergency life-saving technician (kyuukyuukyuumeishi) in a foreign country.

(iv) The term "advanced clinical training" means the practices listed in the following (a) to (n) inclusive, conducted by foreign medical practitioners or dental practitioners, or foreign nurses, etc. (excluding a person who has a license which corresponds to the license for a emergency life-saving technician in a foreign country (hereinafter referred to as a "foreign emergency life-saving technician"); hereinafter the same shall apply in this item), who have entered Japan for the purpose of learning medical knowledge and skills, which are conducted at a hospital designated by the Minister of Health, Labour and Welfare (hereinafter referred to as a "designated hospital" in this item) based on the classification of the license which corresponds to the license listed in the following (a) to (n) inclusive, in such foreign country respectively, under the on-site instruction and supervision of a medical or dental clinical instructor, or a clinical instructor (limited to a person who has any of the licenses listed in the following (c) to (n) inclusive, which corresponds to the license held by the applicable foreign nurse, etc. in a foreign country), and the practices listed in the following (o) conducted by foreign emergency life-saving technicians, who have entered Japan for the purpose of learning medical knowledge and skills, which are conducted in an ambulance, etc. prescribed by Article 44, paragraph (2) of the Emergency Life-saving Technicians Act (Act No. 36 of 1991), (hereinafter referred to as an "ambulance, etc." in this item) transporting a patient in a serious condition prescribed by Article 2, paragraph (1) of such Act (hereinafter referred to as a "serious patient" in this item) to a designated hospital or before and until the serious patient is put into the ambulance, etc. for transportation to such designated hospital, to the extent an emergency medical treatment or care prescribed by Article 2, paragraph (1) of such Act is found necessary and under the on-site instruction and supervision of a clinical instructor (limited to a medical practitioner or an emergency life-saving technician).

(a) Medical practitioner: medical practices (excluding the practices specified by a Cabinet Order)

(b) Dental practitioner: dental practices (excluding the practices specified by a Cabinet Order)

(c) Midwife: practices prescribed by Article 3 and Article 5 of the Act on Public Health Nurses, Midwives and Nurses

(d) Nurse: practices prescribed by Article 5 of the Act on Public Health Nurses, Midwives and Nurses

(e) Dental hygienist: practices prescribed by Article 2, paragraph (1) and paragraph (2) of the Dental Hygienists Act (Act No. 204 of 1948)

(f) Medical radiology technician: practices prescribed by Article 2, paragraph (2) and Article 24-2 of the Act on Medical Radiology Technicians (Act No. 226 of 1951)

(g) Dental technician: practices prescribed by Article 2, paragraph (2) of the Dental Technicians Act (Act No. 168 of 1955)

(h) Clinical laboratory technician: practices prescribed by Article 20-2, paragraph (1) of the Act on Clinical Laboratory Technicians, etc. (Act No. 76 of 1958)

(i) Physical therapist: practices prescribed by Article 15, paragraph (1) of the Physical Therapists and Occupational Therapists Act (Act No. 137 of 1965) (limited to the physical therapy)

(j) Occupational therapist: practices prescribed by Article 15, paragraph (1) of the Physical Therapists and Occupational Therapists Act (limited to the occupational therapy)

(k) Orthoptist: practices prescribed by Article 17, paragraph (2) of the Orthoptists Act (Act No. 64 of 1971)

(l) Clinical engineer: practices prescribed by Article 37, paragraph (1) of the Clinical Engineers Act (Act No. 60 of 1987)

(m) Prosthetist: practices prescribed by Article 37, paragraph (1) of the Prosthetists Act (Act No. 61 of 1987)

(n) Speech-language-hearing therapist: practices prescribed by Article 42, paragraph (1) of the Speech-Language Hearing Therapists Act (Act No. 132 of 1997)

(o) Emergency life-saving technician: practices prescribed by Article 43, paragraph (1) of the Emergency Life-saving Technicians Act

(v) The term "foreign medical practitioner under advanced clinical training" means a foreign medical practitioner who has been granted a permission prescribed by Article 3, paragraph (1).

(vi) The term "foreign dental practitioner under advanced clinical training" means a foreign dental practitioner who has been granted a permission prescribed by Article 3, paragraph (1).

(vii) The term "foreign nurse, etc. under advanced clinical training" means a foreign nurse, etc. who has been granted a permission prescribed by Article 3, paragraph (1).

(viii) The term "medical clinical instructor" means a medical practitioner authorized pursuant to the provision of Article 8 to instruct and supervise a foreign medical practitioner's advanced clinical training on site (excluding the cases where such instruction and supervision is given or provided in respect of the advanced clinical training performed by a foreign emergency life-saving technician on site).

(ix) The term "dental clinical instructor" means a dental practitioner authorized pursuant to the provision of Article 8 to instruct and supervise a foreign dental practitioner's advanced clinical training on site.

(x) The term "clinical instructor" means a medical practitioner authorized pursuant to the provision of Article 8 (limited to the cases where such medical practitioner instructs and supervises the advanced clinical training performed by a foreign emergency life-saving technician on site) and a person who has a license listed in item (iv), (c) to (o) inclusive.

(Permission for Advanced Clinical Training)

Article 3 (1) A foreign medical practitioner or dental practitioner, or a foreign nurse, etc. may engage in advanced clinical training based on the classification of the license which corresponds to any of the licenses listed in the following items in such foreign country respectively, notwithstanding the provisions of the Acts listed in each of the following items by obtaining permission of the Minister of Health, Labour and Welfare pursuant to the provisions of the Ordinance of the Ministry of Health, Labour and Welfare.

(i) Medical practitioner: Article 17 of the Medical Practitioners' Act

(ii) Dental practitioner: Article 17 of the Dentists Act

(iii) Midwife: Article 30 and Article 31, paragraph (1) of the Act on Public Health Nurses, Midwives and Nurses

(iv) Nurse: Article 31, paragraph (1) of the Act on Public Health Nurses, Midwives and Nurses

(v) Dental hygienist: Article 31, paragraph (1) and Article 32 of the Act on Public Health Nurses, Midwives and Nurses, and Article 13 of the Dental Hygienists Act

(vi) Medical radiology technician: Article 31, paragraph (1) and Article 32 of the Act on Public Health Nurses, Midwives and Nurses, and Article 24 of the Act on Medical Radiology Technicians

(vii) Dental technician: Article 17, paragraph (1) of the Dental Technicians Act

(viii) Clinical laboratory technician, physical therapist, occupational therapist, orthoptist, clinical engineer, prosthetist, speech-language-hearing therapist or emergency life-saving technician: Article 31, paragraph (1) and Article 32 of the Act on Public Health Nurses, Midwives and Nurses

(2) The Minister of Health, Labour and Welfare shall not grant the permission pursuant to the provision of the preceding paragraph (hereinafter referred to as the "permission") unless it finds that the applicant for the permission meets the standards listed in the following items.

(i) Having entered Japan for the purpose of learning medical knowledge and skills.

(ii) Having the knowledge and skills concerning the medical or dental science necessary for engaging in medical or dental practices, or the necessary knowledge and skills concerning the practices prescribed by Article 2, item (iv), (c) to (o) inclusive, based on the classification of the licenses prescribed by Article 2, item (iv), (a) to (o) inclusive, respectively, pertaining to the application for the permission.

(iii) Having the experience of engaging in medical examination and/or treatment for not less than 3 years after obtaining the license which corresponds to the license of a medical practitioner or dental practitioner in a foreign country, or in any practice pertaining to the applicable license which corresponds to any of the licenses prescribed by Article 2, item (iv), (c) to (o) inclusive, respectively, for not less than 3 years after obtaining the license, based on the classification of the licenses prescribed by Article 2, item (iv), (a) to (o) inclusive, respectively, pertaining to the application for the permission.

(iv) Having the competence to understand and speak Japanese or other foreign languages specified by the Ordinance of the Ministry of Health, Labour and Welfare to the extent not posing a problem in performing the advanced clinical training.

(v) Having the capacity to compensate for the loss and damage caused to a patient.

(3) Even if the applicant for the permission is found to meet the standards listed in each item of the preceding paragraph, the Minister of Health, Labour and Welfare shall not grant the permission to any person who falls under any one of the following items (or item (ii) in case of a foreign nurses, etc.).

(i) A person prescribed by Article 3 of the Medical Practitioners' Act or Article 3 of the Dentists Act.

(ii) A person who has been subject to punishment under the laws and regulations of a foreign country which corresponds to the business suspension order pursuant to the provision of Article 7, paragraph (2) of the Medical Practitioners' Act, Article 7, paragraph (2) of the Dentists Act, Article 14, paragraph (1) of the Act on Public Health Nurses, Midwives and Nurses, Article 8, paragraph (1) of the Dental Hygienists Act, Article 9, paragraph (1) of the Act on Medical Radiology Technicians or Article 8, paragraph (1) of the Dental Technicians Act, or the order to suspend the use of the name or title pursuant to the provision of Article 8, paragraph (1) of the Act on Clinical Laboratory Technicians, etc., Article 7, paragraph (1) of the Physical Therapists and Occupational Therapists Act, Article 8, paragraph (1) of the Orthoptists Act, Article 8, paragraph (1) of the Clinical Engineers Act, Article 8, paragraph (1) of the Prosthetists Act, Article 9, paragraph (1) of the Speech-Language Hearing Therapists Act or Article 9, paragraph (1) of the Emergency Life-saving Technicians Act, and who is unable to practice the profession pertaining to the license he/she has obtained in such foreign country accordingly.

(iii) A person who is treated in the same manner as an adult ward or a person under curatorship under the applicable foreign laws and regulations.

(4) Even if the applicant for the permission is found to meet the standards listed in each item of paragraph (2), the Minister of Health, Labour and Welfare may choose not to grant the permission if the applicant for the permission falls under either of the following items.

(i) A person listed in each item of Article 4 of the Medical Practitioners' Act, each item of Article 4 of the Dentists Act, each item of Article 9 of the Act on Public Health Nurses, Midwives and Nurses, each item of Article 4 of the Dental Hygienists Act, each item of Article 4 of the Act on Medical Radiology Technicians, each item of Article 4 of the Dental Technicians Act, each item of Article 4 of the Act on Clinical Laboratory Technicians, etc., each item of Article 4 of the Physical Therapists and Occupational Therapists Act, each item of Article 4 of the Orthoptists Act, each item of Article 4 of the Clinical Engineers Act, each item of Article 4 of the Prosthetists Act, each item of Article 4 of the Speech-Language Hearing Therapists Act or each item of Article 4 of the Emergency Life-saving Technicians Act.

(ii) A person who has been subject to criminal punishment under the laws and regulations of the applicable foreign country which corresponds to pecuniary penalty or more (excluding the cases where the classification of the license pertaining to the application for the permission is any of the licenses listed in Article 2, item (iv), (f) to (h) inclusive).

(5) The effective term of the permission shall be the term designated by the Minister of Health, Labour and Welfare within a period not exceeding 2 years (or 1 year in case of foreign nurses, etc.) from the date of the permission.

(6) The permission may be conditioned and amended.

(7) The condition of the preceding paragraph shall be limited to the minimum extent necessary for facilitating secure implementation of the matters pertaining to the permission, and shall not impose unreasonable obligation on the person who is granted the permission.

(8) The applicant shall pay the fees specified by a Cabinet Order by taking into consideration of the actual costs incurred.

(Issuance of Certificate of Permission, etc.)

Article 4 (1) The Minister of Health, Labour and Welfare shall, upon granting the permission to a foreign medical practitioner or dental practitioner, or a foreign nurse, etc., issue a certificate of permission of advanced clinical training pursuant to the provisions of the Ordinance of the Ministry of Health, Labour and Welfare.

(2) A foreign medical practitioner or dental practitioner, or a foreign nurse, etc. under advanced clinical training shall, when he/she performs advanced clinical training, bring the certificate of permission of advanced clinical training with him/her pursuant to the provisions of the Ordinance of the Ministry of Health, Labour and Welfare.

(Cessation of Permission)

Article 5 The permission shall cease upon expiration of the effective term or rescission of the permission pursuant to the provision of the following Article, or if the permitted person becomes not qualified to have the license pertaining to such permission which corresponds to any of the licenses prescribed by Article 2, item (iv), (a) to (o) inclusive.

(Rescission of Permission)

Article 6 (1) The Minister of Health, Labour and Welfare shall rescind the permission if the permitted person comes to fall under any of the persons listed in each item of Article 3, paragraph (3) (or item (ii) of such paragraph in case of a foreign nurse, etc.).

(2) The Minister of Health, Labour and Welfare may rescind the permission if the permitted person falls under any of the cases listed in the following items.

(i) If the permitted person is found to have failed to meet the standards prescribed by Article 3, paragraph (2), item (i) or (v).

(ii) If the permitted person comes to fall under any of the persons listed in each item of Article 3, paragraph (4).

(iii) If the permitted person violates any condition prescribed by Article 3, paragraph (6).

(iv) If the permitted person violates this Law or any order issued pursuant to the provisions of this Law.

(Return of Certificate of Permission)

Article 7 If the permission becomes invalid, the permitted person must return the certificate of permission of advanced clinical training to the Minister of Health, Labour and Welfare within 5 days.

(Authorization of Medical or Dental Clinical Instructor or Clinical Instructor)

Article 8 The Minister of Health, Labour and Welfare shall authorize a person who has the license prescribed by Article 2, item (iv), (a) to (o) inclusive (limited to those who have received the registration pursuant to the provision of Article 7-2, paragraph (2) of the Medical Practitioners' Act or Article 7-2, paragraph (2) of the Dentists Act if the person has the license prescribed by Article 2, item (iv), (a) or (b) and has received an order by the Minister of Health, Labour and Welfare pursuant to the provision of Article 7-2, paragraph (1) of the Medical Practitioners' Act or Article 7-2, paragraph (1) of the Dentists Act) respectively, and who is found to meet the standards listed in the following items, as a medical or dental clinical instructor, or a clinical instructor based on their application.

(i) Having the professional knowledge and skills concerning the medical or dental science or the professional knowledge and skills concerning the practices prescribed by Article 2, item (iv), (c) to (o) inclusive.

(ii) Having the competence to understand and speak the foreign languages specified by the Ordinance of the Ministry of Health, Labour and Welfare as prescribed by Article 3, paragraph (2), item (iv), to the extent not posing a problem in instructing and supervising the advanced clinical training.

(iii) Having the enthusiasm and insight for the instruction and supervision of the advanced clinical training.

(Duties and Responsibilities)

Article 9 (1) The medical or dental clinical instructor, or the clinical instructor shall give instruction and provide supervision for advanced clinical training performed by a foreign medical practitioner or dental practitioner under advanced clinical training, or a foreign nurse, etc. under advanced clinical training on site, and shall make efforts to ensure that the advanced clinical training is performed properly in the course of giving and providing such instruction and supervision.

(2) Upon receiving an instruction of a medical practitioner or dental practitioner, and by following such instruction, the clinical instructor (excluding the medical practitioner) shall give instruction and provide supervision for advanced clinical training pertaining to medical assistance or to the practices prescribed by Article 2, paragraph (1) of the Dental Hygienists Act, the practices prescribed by Article 2, paragraph (2) of the Act on Medical Radiology Technicians or the practices prescribed by Article 2, paragraph (2) of the Dental Technicians Act.

(Rescission of Authorization)

Article 10 (1) The Minister of Health, Labour and Welfare shall rescind the authorization if the medical or dental clinical instructor, or the clinical instructor comes to fall under any of the cases listed in the following items.

(i) If the person becomes not qualified to have the licenses prescribed by Article 2, item (iv), (a) to (o) inclusive.

(ii) If the person becomes subject to admonition or suspension of business prescribed by Article 7, paragraph (2), item (i) or (ii) of the Medical Practitioners' Act or Article 7, paragraph (2), item (i) or (ii) of the Dentists Act, or to suspension of business pursuant to the provision of Article 14, paragraph (1) of the Act on Public Health Nurses, Midwives and Nurses, Article 8, paragraph (1) of the Dental Hygienists Act, Article 9, paragraph (1) of the Act on Medical Radiology Technicians, Article 8, paragraph (1) of the Dental Technicians Act, or to an order to suspend the use of the name or title pursuant to the provision of Article 8, paragraph (1) of the Act on Clinical Laboratory Technicians, etc., Article 7, paragraph (1) of the Physical Therapists and Occupational Therapists Act, Article 8, paragraph (1) of the Orthoptists Act, Article 8, paragraph (1) of the Clinical Engineers Act, Article 8, paragraph (1) of the Prosthetists Act, Article 9, paragraph (1) of the Speech-Language Hearing Therapists Act or Article 9, paragraph (1) of the Emergency Life-saving Technicians Act.

(2) The Minister of Health, Labour and Welfare may rescind the permission if the medical or dental clinical instructor, or the clinical instructor is found to have failed to meet the standards listed in each item of Article 8.

(Keeping of Medical Records, etc.)

Article 11 (1) The provision of Article 24 of the Medical Practitioners' Act or Article 23 of the Dentists Act shall apply mutatis mutandis to the foreign medical practitioner or dental practitioner under advanced clinical training. In this case, the terms "medical practitioner working at a hospital or clinic" and "such hospital or clinic" in Article 24, paragraph (2) of the Medical Practitioners' Act shall be deemed to be replaced with "foreign medical practitioner under advanced clinical training prescribed by Article 2, item (v) of the Law concerning the Exceptional Cases of the Medical Practitioners' Act, Article 17, on the Advanced Clinical Training of Foreign Medical Practitioners, who performs the advanced clinical training at a hospital designated by the Minister of Health, Labour and Welfare pursuant to the provision of Article 3, paragraph (1) of such Law" and "such hospital", respectively, and the terms "dental practitioner working at a hospital or clinic" and "such hospital or clinic" in Article 23, paragraph (2) of the Dentists Act shall be deemed to be replaced with "foreign dental practitioner under advanced clinical training prescribed by Article 2, item (vi) of the Law concerning the Exceptional Cases of the Medical Practitioners' Act, Article 17, on the Advanced Clinical Training of Foreign Medical Practitioners, who performs the advanced clinical training at a hospital designated by the Minister of Health, Labour and Welfare pursuant to the provision of Article 3, paragraph (1) of such Law" and "such hospital", respectively.

(2) The medical or dental clinical instructor shall, when he/she gives instruction and provides supervision on site for the advanced clinical training performed by a foreign medical practitioner or dental practitioner under advanced clinical training, record as such in the medical record made by the foreign medical practitioner or dental practitioner under advanced clinical training pursuant to the provision of Article 24, paragraph (1) of the Medical Practitioners' Act or Article 23, paragraph (1) of the Dentists Act, both of which are applied mutatis mutandis to the foreign medical practitioner or dental practitioner under advanced clinical training pursuant to the preceding paragraph, and append his/her signature on such record.

(Keeping of Midwifery Records, etc.)

Article 12 (1) The provision of Article 42 of the Act on Public Health Nurses, Midwives and Nurses shall apply mutatis mutandis to the permitted person who has a license which corresponds to the license of a midwife in a foreign country (hereinafter referred to as the "foreign midwife under advanced clinical training"). In this case, the terms "midwife working at a hospital or clinic" and "such hospital or clinic" in Article 42, paragraph (2) of the Act on Public Health Nurses, Midwives and Nurses shall be deemed to be replaced with "foreign midwife under advanced clinical training prescribed by Article 12, paragraph (1) of the Law concerning the Exceptional Cases of the Medical Practitioners' Act, Article 17, on the Advanced Clinical Training of Foreign Medical Practitioners, who performs the advanced clinical training at a hospital designated by the Minister of Health, Labour and Welfare pursuant to the provision of Article 3, paragraph (1) of such Law" and "such hospital", respectively.

(2) The clinical instructor shall, when he/she gives instruction and provides supervision on site for the advanced clinical training performed by a foreign midwife under advanced clinical training, record as such in the midwifery record made by the foreign midwife under advanced clinical training pursuant to the provision of Article 42, paragraph (1) of the Act on Public Health Nurses, Midwives and Nurses, which is applied mutatis mutandis to the foreign midwife under advanced clinical training pursuant to the preceding paragraph, and append his/her signature on such record.

(Keeping of Exposure Records, etc.)

Article 13 (1) The provision of Article 28 of the Act on Medical Radiology Technicians shall apply mutatis mutandis to the permitted person who has a license which corresponds to the license of a medical radiology technician in a foreign country (hereinafter referred to as the "foreign medical radiology technician under advanced clinical training").

(2) The clinical instructor shall, when he/she gives instruction and provides supervision on site for the advanced clinical training performed by a foreign medical radiology technician under advanced clinical training, record as such in the exposure record made by the foreign medical radiology technician under advanced clinical training pursuant to the provision of Article 28, paragraph (1) of the Act on Medical Radiology Technicians, which is applied mutatis mutandis to the foreign medical radiology technician under advanced clinical training pursuant to the preceding paragraph, and append his/her signature on such record.

(Keeping of Emergency Medical Records, etc.)

Article 14 (1) The provision of Article 46 of the Emergency Life-saving Technicians Act shall apply mutatis mutandis to the permitted emergency life-saving technician (hereinafter referred to as the "foreign emergency life-saving technician under advanced clinical training"). In this case, the terms "emergency life-saving technician working at an institution specified by the Ordinance of the Ministry of Health, Labour and Welfare" and "such institution" in Article 46, paragraph (2) of the Emergency Life-saving Technicians Act shall be deemed to be replaced with "foreign emergency life-saving technician under advanced clinical training prescribed by Article 14, paragraph (1) of the Law concerning the Exceptional Cases of the Medical Practitioners' Act, Article 17, on the Advanced Clinical Training of Foreign Medical Practitioners, who is supposed to transport a serious patient prescribed by Article 2, paragraph (1) of such Law to a designated hospital prescribed by Article 2, item (iv) of such Law" and "such designated hospital", respectively.

(2) The clinical instructor shall, when he/she gives instruction and provides supervision on site for the advanced clinical training performed by a foreign emergency life-saving technician under advanced clinical training, record as such in the emergency medical record made by the foreign emergency life-saving technician under advanced clinical training pursuant to the provision of Article 46, paragraph (1) of the Emergency Life-saving Technicians Act, which is applied mutatis mutandis to the foreign emergency life-saving technician under advanced clinical training pursuant to the preceding paragraph, and append his/her signature on such record.

(Dental Technological Works pursuant to Statement of Dental Technological Works, etc.)

Article 15 The provisions of Article 18 and Article 19 of the Dental Technicians Act shall apply mutatis mutandis to the permitted person who has a license which corresponds to the license of a dental technician in a foreign country. In this case, the term "hospital or clinic" in Article 18 of the Dental Technicians Act shall be deemed to be replaced with "designated hospital prescribed by Article 2, item (iv) of the Law concerning the Exceptional Cases of the Medical Practitioners' Act, Article 17, on the Advanced Clinical Training of Foreign Medical Practitioners."

(Restrictions on Practices, etc.)

Article 16 (1) The provision of Article 37 (excluding the part pertaining to the first-aid treatment) and the main clause of Article 38 of the Act on Public Health Nurses, Midwives and Nurses shall apply mutatis mutandis to the foreign midwife under advanced clinical training, and the provision of Article 37 (excluding the part pertaining to the first-aid treatment) of such Act shall apply mutatis mutandis to the person who has a license which corresponds to the license of a nurse in a foreign country in which he/she obtained the license (hereinafter referred to as the "foreign nurse under advanced clinical training").

(2) The main clause of Article 13-2 of the Dental Hygienists Act shall apply mutatis mutandis to the person who has a license which corresponds to the license of a dental hygienist in a foreign country in which he/she obtained the license.

(3) The provisions of Article 26, paragraph (1) and paragraph (2) (main clause), and Article 27 of the Act on Medical Radiology Technicians shall apply mutatis mutandis to the foreign medical radiology technician under advanced clinical training. In this case, the term "hospital or clinic" in the main clause of such paragraph shall be deemed to be replaced with "designated hospital prescribed by Article 2, item (iv) of the Law concerning the Exceptional Cases of the Medical Practitioners' Act, Article 17, on the Advanced Clinical Training of Foreign Medical Practitioners."

(4) The provision of Article 20 of the Dental Technicians Act shall apply mutatis mutandis to the person who has a license which corresponds to the license of a dental technician in a foreign country in which he/she obtained the license.

(5) The provision of Article 15, paragraph (2) of the Physical Therapists and Occupational Therapists Act shall apply mutatis mutandis to the person who has a license which corresponds to the license of a physical therapist in a foreign country in which he/she obtained the license. In this case, the term "hospital or clinic" in such paragraph shall be deemed to be replaced with "designated hospital prescribed by Article 2, item (iv) of the Law concerning the Exceptional Cases of the Medical Practitioners' Act, Article 17, on the Advanced Clinical Training of Foreign Medical Practitioners."

(6) The provisions of Article 18 and Article 18-2 of the Orthoptists Act shall apply mutatis mutandis to the person who has a license which corresponds to the license of an orthoptist in a foreign country in which he/she obtained the license.

(7) The provisions of Article 38 and Article 39 of the Clinical Engineers Act shall apply mutatis mutandis to the person who has a license which corresponds to the license of a clinical engineers in a foreign country in which he/she obtained the license.

(8) The provisions of Article 38 and Article 39 of the Prosthetists Act shall apply mutatis mutandis to the person who has a license which corresponds to the license of a prosthetists in a foreign country in which he/she obtained the license.

(9) The provision of Article 43 of the Speech-Language Hearing Therapists Act shall apply mutatis mutandis to the person who has a license which corresponds to the license of a speech-language-hearing therapist in a foreign country in which he/she obtained the license.

(10) The provisions of Article 44 and Article 45 of the Emergency Life-saving Technicians Act shall apply mutatis mutandis to the foreign emergency life-saving technician under advanced clinical training. In this case, the terms "ambulance and other", "in this paragraph and in Article 53, item (ii)" and "hospital or clinic" in Article 44, paragraph (2) of such Act shall be deemed to be replaced with "an ambulance transporting a patient in a serious condition to a designated hospital prescribed by Article 2, item (iv) of the Law concerning the Exceptional Cases of the Medical Practitioners' Act, Article 17, on the Advanced Clinical Training of Foreign Medical Practitioners (hereinafter referred to as a "designated hospital" in this paragraph) and other", "in this paragraph" and "designated hospital", respectively.

(Obligation of Confidentiality)

Article 17 A foreign medical practitioner or dental practitioner under advanced clinical training, or a foreign nurse, etc. under advanced clinical training shall not disclose any confidential information of any person he/she comes to know in the course of practice, unless he/she has justifiable grounds. The same shall apply after the foreign medical practitioner or dental practitioner under advanced clinical training, or a foreign nurse, etc. under advanced clinical training leaves his/her profession.

(Special Provisions for Act on Public Health Nurses, Midwives and Nurses)

Article 18 (1) With regard to the application of the provision of Article 30 of the Act on Public Health Nurses, Midwives and Nurses to the cases where a foreign medical practitioner performs advanced clinical training, the term "the Medical Practitioners' Act (Act No. 201 of 1948)" in such Article shall be deemed to be replaced with "the Law concerning the Exceptional Cases of the Medical Practitioners' Act, Article 17, on the Advanced Clinical Training of Foreign Medical Practitioners."

(2) With regard to the application of the provision of Article 31, paragraph (1) of the Act on Public Health Nurses, Midwives and Nurses to the cases where a foreign medical practitioner or dental practitioner performs advanced clinical training, the term "the Medical Practitioners' Act or the Dentists Act (Act No. 202 of 1948)" in such paragraph shall be deemed to be replaced with "the Law concerning the Exceptional Cases of the Medical Practitioners' Act, Article 17, on the Advanced Clinical Training of Foreign Medical Practitioners."

(Special Provisions for Dental Hygienists Act)

Article 19 With regard to the application of the provision of Article 13 of the Dental Hygienists Act to the cases where a foreign dental practitioner performs advanced clinical training, the term "the Dentists Act (Act No. 202 of 1948)" in such paragraph shall be deemed to be replaced with "the Law concerning the Exceptional Cases of the Medical Practitioners' Act, Article 17, on the Advanced Clinical Training of Foreign Medical Practitioners."

(Special Provisions for Act on Medical Radiology Technicians)

Article 20 Notwithstanding the provision of Article 24 of the Act on Medical Radiology Technicians, a foreign medical practitioner or dental practitioner under advanced clinical training may perform the practices prescribed by Article 2, paragraph (2) of such Act.

(Special Provisions for Dental Technicians Act)

Article 21 The acts prescribed in the main clause of Article 2, paragraph (1) of the Dental Technicians Act performed by a foreign dental practitioner under advanced clinical training by himself for a patient in the course of advanced clinical training shall be deemed as the acts prescribed in the provision of such paragraph.

(Consultation with Minister of Justice)

Article 22 The Minister of Health, Labour and Welfare, intending to grant a permission, shall consult with the Minister of Justice in advance in respect of the compliance by a person pertaining to such permission with the standards prescribed by Article 3, paragraph (2), item (i).

(Penal Provisions)

Article 23 A person who has violated the provision of Article 37 (excluding the part pertaining to the first-aid treatment) or the main clause of Article 38 of the Act on Public Health Nurses, Midwives and Nurses, both of which are applied pursuant to the provision of Article 16, paragraph (1), shall be punished by imprisonment with work for not more than 6 months or a fine of not more than 500,000 yen, or both.

Article 24 A person who falls under any of the following items shall be punished by imprisonment with work for not more than 6 months or a fine of not more than 300,000 yen, or both.

(i) A person who has violated the main clause of Article 13-2 of the Dental Hygienists Act which is applied pursuant to the provision of Article 16, paragraph (2).

(ii) A person who has violated the provision of Article 26, paragraph (1) or paragraph (2) (main clause) of the Act on Medical Radiology Technicians, both of which are applied pursuant to the provision of Article 16, paragraph (3).

(iii) A person who has violated the provision of Article 18 of the Orthoptists Act which is applied pursuant to the provision of Article 16, paragraph (6).

(iv) A person who has violated the provision of Article 38 of the Clinical Engineers Act which is applied pursuant to the provision of Article 16, paragraph (7).

(v) A person who has violated the provision of Article 38 of the Prosthetists Act which is applied pursuant to the provision of Article 16, paragraph (8).

(vi) A person who has violated the provision of Article 44 of the Emergency Life-saving Technicians Act which is applied pursuant to the provision of Article 16, paragraph (10).

Article 25 (1) A foreign medical practitioner or dental practitioner or foreign midwife or foreign nurse under advanced clinical training, or a person who used to be engaged in such professions, who has disclosed any confidential information of any person in violation of the provision of Article 17 shall be punished by imprisonment with work for not more than 6 months or a fine of not more than 100,000 yen.

(2) A foreign nurse, etc. under advanced clinical training (excluding the foreign midwives or foreign nurses under advanced clinical training), or a person who used to be engaged in such profession, who has disclosed any confidential information of any person in violation of the provision of Article 17 shall be punished by a fine of not more than 500,000 yen.

(3) The offenses prescribed in the preceding two paragraphs may not be prosecuted without a complaint.

Article 26 A person who falls under either of the following items shall be punished by a fine of not more than 500,000 yen.

(i) A person who has violated the provision of Article 24 of the Medical Practitioners' Act or Article 23 of the Dentists Act, both of which are applied pursuant to the provision of Article 11, paragraph (1).

(ii) A person who has violated the provision of Article 42 of the Act on Public Health Nurses, Midwives and Nurses which is applied pursuant to the provision of Article 12, paragraph (1).

Article 27 A person who falls under either of the following items shall be punished by a fine of not more than 300,000 yen.

(i) A person who has violated the provision of Article 46 of the Emergency Life-saving Technicians Act which is applied pursuant to the provision of Article 14, paragraph (1).

(ii) A person who has violated the provision of Article 18 or Article 19 of the Clinical Technicians Act which is applied pursuant to the provision of Article 15.

Article 28 A person who has violated the provision of Article 28, paragraph (1) of the Act on Medical Radiology Technicians which is applied pursuant to the provision of Article 13, paragraph (1) shall be punished by a non-penal fine of not more than 200,000 yen.

Article 29 A person who has violated the provision of Article 11, paragraph (2), Article 12, paragraph (2), Article 13, paragraph (2) or Article 14, paragraph (2) shall be punished by a non-penal fine of not more than 100,000 yen.

Supplementary Provisions [Extract]

(Effective Date)

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