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


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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.

(Act No. 29 of May 26, 1987)

(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

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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.

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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.

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(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

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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.

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(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

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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.

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(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

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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.

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(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.)

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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

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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

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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

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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,

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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).

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(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.

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