Preventive Vaccination Law Chapter I. General Provisions

Art.1. This Law shall, by administering preventive vaccination for the purpose of prevention of outbreak and prevalence of the disease which is liable to be infected, aim at contribution to elevation and promotion of public health.

Art.2. In this Law preventive vaccination shall mean injection or lancet inoculation of antigen into human body which is affirmed effective for prevention of a disease, as to give effect of immunity from the disease. 2. Diseases to which preventive vaccination is to be administered as provided for in this Law shall be as follows: 1. Smallpox 2. Diphtheria 3. Typhoid fever 4. Paratyphus 5. Pertussis 6. Tuberculosis 7. Eruptive typhus 8. Cholera 9. Pest 10. Scarlet fever 11. Influensa 12. Weil's disease 3. Protectors as provided for in this Law shall mean those who exercise parental authority or who are their guardians.

Art.3. Every person shall he inoculated for prevention as provided for in this Law. 2. Concerning persons under 16 years of age and interdicts, their protectors shall cause them to be inoculated for prevention regardless of the provision of the preceding paragraph.

Art.4. In case protectors of persons, such as children, pupils and others corresponding to these, under 16 years of age, interdicts or inmates under 16 years of age have not performed the duty under Par.2 of the preceding Article, the following persons shall instruct the said protectors to perform their duty under the same paragraph: 1. Heads of the nursling institute, the nursery and other establishments for children's welfare service. 2. Heads of the school and the hospital and other establishments corresponding to these. 3. One who has inmates for the purpose of employment. 2. Persons stated in the preceding items may cause children, pupils and other persons corresponding to these, or inmates to be inoculated for prevention.

Art.5. The head of a city, town or village (hereinafter shall mean the chiefs of Health Centers of the ward area of Tokyo Metropolis) shall periodically administer preventive vaccination provided for in the provisions of this Law in accordance with the instruction of a chief of health center (the governor of the prefecture, in the case of health center of the Ward area of Tokyo Metropolis and a city provided for in the Cabinet Order based on Article 1 of the Health Center Law (Law No.101 of 1947)).

Art.6. The governor of the prefecture may, when considered necessary for prevention of spread of a disease, extraordinarily administer preventive vaccination or cause the head of a city, town or village to do the same designating the date and limits of persons to be inoculated for prevention. 2. Welfare Minister may, when considered necessary, cause the governors of prefectures to do the preventive vaccination of the preceding paragraph.

Chapter II. Procedure of Administration

Art.7. The head of the city, town or village shall designate the date when persons to be regularity inoculated for prevention are to be given preventive vaccination.

Art.8. The head of the city, town or village shall, when there are persons who have not been inoculated for prevention at the date designated under the provisions of the preceding Article or who have doubtful evidence for such inoculation, cause them to be inoculated for prevention at the further date designated or at once. 2. Preventive vaccination which one has irregularity been given under the provisions of the preceding paragraph shall be regarded as regular preventive vaccination.

Art.9. Those who are unable to be given preventive vaccination at a designated date owing to a disease or other circumstances, or their protectors, may apply the head of the city, town or village for postponement attaching the reason therefor, within 7 days after the designated date. 2. The head of the city, town or village shall, when postponed preventive vaccination under the provisions of the preceding paragraph, deliver a certificate thereof. 3. In case preventive vaccination has been postponed under the provisions of Par.1, preventive vaccination which is given after such circumstances have disappeared shall be regarded as regular preventive vaccination if it is given within the period fixed by Ministerial Ordinance after the designated date.

Art.10. Preventive vaccination against small-pox (hereinafter called small-pox vaccination) Shall be administered in the following regular period. However, one who is suffering, or has suffered from small-pox may be exempted from it according to a certificate of a chief of a Health Center: 1. Period from 2 months to 12 months after birth. 2. Within 6 months before admission into the elementary school. 3. Within 6 months before completion of the elementary school. 2. Successful small-pox vaccination within 2 years before the regular period under Item 2 or Item 3 of Par.1 shall be regarded its the regular small-pox vaccination under Item 2 or Item 3 of the same paragraph. 3. In case regular small-pox vaccination is administered, the head of the city, town or village shall give examination of vaccination at the date designated. 4. Those who has received a periodic small-pox vaccination or their protectors shall receive or cause them to receive the examination under the preceding paragraph or the examination of a doctor under Par.6. 5. Provisions of Par.1 and Par.2 of the preceding Article shall correspondingly apply to the examination under the preceding paragraph. 6. A physician shall issue small-pox vaccination certificates after examining anybody who has received a periodic small-pox vaccination. 7. In the case of the preceding paragraph, the recipient of a small-pox vaccination certificate or his guardian or anybody coming under any item of Par.1 of Art.4 shall make a report to the chief of a city, town or village within 10 days. 8. In case it is considered that effect of immunity is not taken under small-pox vaccination administered according to the provisions of Par.4 or 6, one mere small-pox vaccination shall be administered at once thereafter.

Art.11. Preventive vaccination against diphtheria shall be administered in the followiug regular periods: 1. Period from 6 months to 12 months after birth. 2. Within 6 months before admission into the elementary school. 3. Within 6 months before completion of the elementary school.

Art.12. Preventive vaccination against typhoid fever or paratyphus shall be administered in the following regular periods. However, one who is suffering, or has suffered, from typhoid fever or paratyphus may be exempted from it according to a certificate of a chief of a Health Center: 1. Period from 36 months to 48 months after birth. 2. Annually during the period until 60 years of age after inoculated, regularly under the preceding item. 2. Before the preventive vaccination of typhoid fever or paratyphus, the health examination concerning the tabooing symptom against preventive vaccination shall be given. And preventive vaccination shall not be administered to those who have the tabooing symptom.

Art.13. Preventive vaccination against pertussis shall be administered in the following regular periods. However, one who is suffering, or has suffered, from pertussis may be exempted from it according to a certificate of a chief of a Health Center: 1. Period from 3 months to 6 months after birth. 2. Period form 12 months to 18 months after the regular inoculation under the preceding item.

Art.14. Preventive vaccination against tuberculosis shall be administered in the followins regular periods. However, the persons who have tuberculosis or are positive reactors to tuberculin test and are defined by Ministerial Ordinance may be excepted from preventive vaccination according to a certificate of a chief of a Health Center: 1. Within 6 months after birth. 2. Every year during the period until 30 years of age after regular preventive vaccination under the preceding item. 2. In case preventive vaccination against tuberculosis is administered as provided for in this Law, tuberculin test shall be previously given.

Art.15. Necessary matters for procedure of administratration of preventive vaccination shall, excepting those provided for in this Law, be prescribed by Ministerial Ordinance.

Chapter III. Certificates and Records

Art.16. The head of the city, town or village shall, as provided for in the Ministerial Ordinance, deliver certificates or regular preventive vaccination to those who have been given regular preventive vaccination under the provisions of Arts.10 to 14 inclusive. 2. The governor of the prefecture or the head of the city, town or village shall, as provided for in the Ministerial Ordinance, deliver certificates of extra-ordinary preventive vaccination under the provisions of Art.6. 3. Concerning small-pox vaccination, certificates of preventive vaccination under the preceding two paragraphs shall not be delivered to those who have not undergone the examination for smallpox-vaccination.

Art.17. Those who are requested by the public-official concerned shall present certificates of preventive vaccination for themselves or for the persons under 16 years of age. This rule, however, shall not be applicable to those prescribed by Ministerial Ordinance.

Art.18. A chief of a Health Center shall deliver certificates to persons who are suffering, or have suffered, from smallpox, pertussis, typhoid fever or paratyphus and persons who have tuberculosis or are positive reactors to tuberculin test, under the report of the physician who have diagnosed them.

Art.19. The head of the city, town or village (the governor of the prefecture or the head of the city, town or village, in case of the preventive vaccination under provisions of Art.6) shall, as provided for in the Ministerial Ordinance, draw up records concerning all preventive vaccinations administered under the provisions of this Law and preserve them.

Chapter IV. Expenditures

Art.20. Expenditures necessary to administer preventive vaccination under the provisions of this Law shall be borne by the city, trwn or village in case of the preventive vaccination under the provisions of Art.6 by the prefecture, city, town or village.

Art.21. The prefecture shall bear two-thirds of the expenditures borne by the city, town or village under the provisions of the preceding Article, as defined by Cabinet Order.

Art.22. The National Treasury shall, be defined by Cabinet Order, grant half the amount borne by the prefecture under the provisions of Art.20 and the preceding Article.

Art.23. The heads of the city, town or village shall collect actual expenses of the inoculation of the persons who have received preventive vaccination under the provisions of this Law or the protectors thereof as defined by Cabinet Order. This rule, however, shall not be applicable to those who are deemed unable to pay the expenses on account of economic reasons and to the inoculation administered under the provision of Art.6.

Art.24. Expenditures necessary to administer preventive vaccination in the ward area of Tokyo Metropolis shall, regardless of the provisions of Arts.20 to 22 inclusive, by borne by Tokyo Metropolis, and the National Treasury shall grant half the amount. 2. In the case of the preceding paragraph, the provisions of the preceding Article shall apply to the collection of the actual expenses. In this case, "the head of the city, town or village" of the said Article shall read "governor of Tokyo Metropolis."

Art.25. When the governor deems that the city, town and village which is to administer preventive vaccination as provided for in this Law does not administer it, the preventive vaccination administered is not adequate, or in the city, town or village cannot administer it within the necessary period of time, the governor may administer the preventive vaccination and cause the city, town or village to bear the expenses of the said vaccination.

Chapter V. Penal Provisions

Art.26. Any person who comes under any one of the following Items shall be liable to a fine under 3,000 yen: 1. One who infringed the provisions of Art.3, Par.1 or Par.2 or Art.4, Par.1. 2. One who infringed the provisions of Art.10, Par.4.

Art.27. Any person who infringed the provisions of Art.10, Par.6 or 7 shall be liable to a fine under 1,000 yen.

Supplementary Provisions:

Art.28. This Law shall come into force as from July 1, 1948. However, the date of enforcement of the provisions of Art.13 and Art.14 shall be fixed by Cabinet Order for each provision thereof, as not later than June 30, 1949.

Art.29. Any persons who are 36 months after birth or upwards at the date of enforcement of this Law and have received preventive inoculation for typhoid fever or paratyphus, shall be deemed to have received preventive inoculation provided for in Item 1, Par.1 of Art.12. 2. Any persons who are 48 months after birth to 60 years of age at the date of enforcement of this Law and have not received preventive inoculation for typhoid fever or paratyphus, shall receive the said preventive inoculation, as provided for by Ministerial Ordinance. 3. As regards any persons who have received preventive inoculation referred to in the preceding paragraph, the provisions of Par.1 of this Article shall apply correspondingly.

Art.30. Any persons of 6 to 24 months of age at the date of enforcement of Art.13 shall receive preventive inoculation for pertussis as provided for by Ministerial Ordinance. 2. Any persons who have received preventive inoculation referred to in the preceding paragraph shall be deemed to have received preventive inoculation provided for in Item 1 of Article 13.

Art, 31. Any persons who are 6 months of age or upwards at the date of enforcement of Art.14 and have received a preventive inoculation for tuberculosis shall be deemed to have received preventive inoculation provided for in Item 1, Par.1 of the said Article. 2. Any persons who are 6 months to 30 years of age at the date of enforcement of Art.14 and have not received preventive inoculation for tuberculosis shall receive the said preventive inoculation as provided for by Ministerial Ordinance. 3. As regards any persons who have received preventive inoculation referred to in the preceding paragraph, the provisions of Paragraph 1 of this Article shall apply correspondingly.

Art.32. Smallpox Vaccination Law (Law No.35 of 1909) shall be abrogated;however, as regards the punishment to the infringement committed prior to the enforcement of this Law, the provisions of the former Law shall remain applicable. 2. The first small-pox vaccination administered under Art.1 of the former Law before the enforcement of this Law shall be regarded as administered under the provisions of Art.10, Par.1, Item 1 of this Law. 3. Any persons who are pupils of the elementary school at the date of enforcement of this Law and have not received vaccination against small-pox for the 2nd stage as provided for in Art.1 of the Small-pox Vaccination Law, shall receive the said vaccination at the date to be appointed by the headman of the city, town or village.

Art.33. A part of the Infections Disease Prevention Law (Law No.36 of 1897) shall be amended as follows: "Expenditures necessary for the cleaning, disinfection and preventive vaccination of small-pox administered by the city, town or village" in Art.21, Item 2 shall read "Expenditures necessary for the cleaning and the disinfection administered by the city, town or village."