I hereby promulgate the Venereal Disease Prevention Law.
Signed:HIROHITO, Seal of the Emperor
This fifteenth day of the seventh month of the twenty-third year of Showa (July 15, 1948)
Prime Minister ASHIDA Hitoshi
Venereal Disease Prevention Law
Chapter I. General Provisions
Article 1. This Law provides for the complete medical treatment and prevention of VD to prevent it from impairing the soundness of soul and body of the people and producing an evil effect upon their descendants for the purpose of contributing to the improvement and promotion of public health.
Article 2. The state and local public bodies shall always endeavour in the complete medical treatment and prevention of VD, popularising the knowledge about the said medical treatment and prevention.
Article 3. Every person shall take precaution not to have any chance of contracting VD and, when infected, shall take medical treatment promptly.
Article 4. Physicians shall cooperate in the performance of the duty and responsibility of the state, local public bodies and every person prescribed in the preceding two Articles, endeavouring in the medical treatment and prevention of VD.
Article 5. When used in this Law, the term "VD" shall include syphilis, gonorrhoea, chancroid and inguinal lymphogranuloma.
The term "protectors" in this Law shall mean persons who exercise parental power or guardians.
Chapter II. Report
Article 6. Physicians, when they diagnose persons as infected by VD (referred to as patients hereinafter), shall give instructions as provided for by Ministerial Ordinance as to the treatment and prevention measures of infection to the Patients or to their protectors, and also, after inquiring their names and residence persons who are considered to have infected VD to the patients, and person to whom the patients have committed conduct liable to infect VD and other matters prescribed by Ministerial Ordinance, shall report the necessary matters in written form within 24 hours to the prefectural governor through the director of a health center in charge of the districts where the said patients reside.
Article 7. Physicians, when persons diagnosed to be patients of VD or under their treatment fail to obey the instructions provided for in the preceding Article, or when such patients give up their treatment and fail to submit certificates of treatment by other physicians, shall report thereon in written form to the prefectural governor through the director of the health center in charge of the residence of the said patients. This provision shall also apply in case of the recovery or death of the said patients or the change of their dwellings.
When the said patients have changed their residence, they or their protectors shall notify it to the physicians treating the said patients.
Chapter III. Health Examination
Article 8. Any man and woman entering into matrimony shall, in advance, try to exchange their health certificates prepared by a physician to show whether any of the parties is a VD patient or not.
Article 9. Any woman who is found pregnant, shall have the health examination of a physician to determine whether she suffers from VD or not.
Article 10. The prefectural governor may, receiving the report as provided for in Art.6, order the health examination by a physician of persons to whom there is reasonable evidence to suspect the presence of VD due to contact with a patient to as certain whether such persons are actually infected with VD. This provision shall not, however, apply to the said persons who submit certificates to the effect that they are receiving treatment by physicians.
Article 11. The prefectural governor may order the health examination by a physician of those who by reasonable evidence are suspected to be habitual prostitutes, or order the health officials concerned to examine whether they are infected with VD.
Article 12. When in case VD is wide-spread, it is deemed necessary to take special measures for the medical treatment and prevention of VD, the prefectural governor may, with the approval of the Minister of Welfare, require the health examination by physicians or health officials of individuals to whom there is reasonable evidence to suspect the presence of VD, after designating the health examination procedures and other necessary items in accordance with the provisions of Ministerial Ordinance.
Article 13. When physicians conduct the health examination as provided for in Art.10 or 11, they shall make medical exmination of VD by the method prescribed by Ministerial Ordinance.
Chapter IV. Treatment
Article 14. The prefectural governor, when he deems it necessary for the treatment and prevention of VD, may order VD patients or their protectors to report on the measures which the said patients are taking in order to be cured of such disease.
Persons, who are ordered to report on the patients under the medical treatment as provided for in the preceding paragraph, shall submit certificates of their treatment with the report specified therein.
Article 15. The prefectural governor, if he finds it necessary, shall order the patients who are not under medical treatment to take, or order their protectors to make them take, the treatment of physicians.
The prefectural governor may, when he deems it particularly necessary for the complete treatment and prevention of VD, order patients to enter, or order their protectors to make them enter, VD hospitals or clinics so long as their dlsease is liable to infect others.
The prefectural governor shall take steps to bear the whole or a part of the expenditures of treatment in VD hospitals or clinics as provided for by Ministerial Ordinance, in case when patients who have been ordered either to take treatment or to enter the said VD hospitals or clinics according to the provisions of the preceding two Paragraphs or the persons who are responsible for the sustenance of the said patients are unable to afford to defray the said expenditures.
Chapter V. Establishments
Article 16. The Prefecture shall establish VD clinics and hospitals for the examination and treatment of VD patients provided for by Ministerial Ordinance.
The city, town or village (hereinafter, including special ward) may establish public VD clinics or hospitals as provided for by Ministerial Ordinance.
The prefecture, city, town or village may substitute either public or private clinics and hospitals deemed appropriate for VD clinies and hospitals deemed appropriate for VD clinies and hospital under the provisions of the preceding two paragraphs for an appointed period, if approved by the Minister of Welfare.
Chapter VI. Expenditures
Article 17. The prefecture shall bear the following expenditures:
1. Those necessary for the health examination under Arts.10 to 12 inclusive.
2. Those necessary for taking the steps provided for in Art.15, Par.3.
3. Those necessary for VD clinics and hospitals established by the prefecture or substitutional VD clinics or hospitals in prefecture.
Article 18. The city, town or village shall bear the expenditures necessary for a VD clinic and hospital or a substitute thereof established by the city, town or village concerned.
Article 19. The state shall subsidize one half of the expenditures specified in each item of Art.17 and in the preceding Article as provided for by Cabinet Order.
Article 20. The starte shall subsidize the amount not exceeding one half of the expenditures for the dissemination of the knowledge of the treatment and prevention of VD executed by the prefectures within the limit of budget as provided for by Cabinet Order.
Article 21. The prefectural governor shall collect the following expenditures from the persons concerned and their legal supporters within the appointed period as provided for by Cabinet Order. This, however, shall not apply in case where the prefectural governor recongnizes the incapability of the said persons concerned and their legal supporters to bear the whole or a part of the expenditures:
1. Expenditures necessary for the health examination under Art.10 or Art.11.
2. Expenditures necessary for the examination and treatment at VD clinics or hospitals established by the prefecture or substitutes thereof.
The mayor of a city or the headman of a town or village shall collect the expenditures of the examination and the treatment at VD clinic or hospital established by the city, town or village or substitutes thereof from the persons concerned and their legal supporters designating the period as provided for by Cabinet Order. However, in case the mayor of a city or the headman of a town or village recognizes the incapability of the said persons concerned and their legal supporters to bear the whole or a part of the expenditures, the above provision shall not apply.
Chapter VII. Additional Provisions
Article 22. The prefectural governor may, if he deems it necessary for the enforcement of this Law, order competent officials to visit the present residence or permanent address of the persons suffering from VD or of the persons in whom there is reasonable evidence to suspect the presences of VD or the place where such patients are doing their business, and make necessary inspection or inquiry.
Article 23. The health officials concerned, when they make health examination as provided for by Art.11 or Art.12, or visit and make necessary examination or inquiries under the provisions of the preceding Article shall carry their identification cards to certify their official post with them and, when requested by the persons concerned, they shall show them to such persons.
Article 24. Persons who are dissatisfied with dispositions made by the prefectural governor, the mayor of the city, or the headman of the town or village under the authority of this Law or orders thereunder, may appeal thereon to administrative government agencies.
Article 25. Those who are ordered by the prefectural governor to take health examination in accordance with the provisions of Arts.10, 11 and 12, may appeal to the court for the withdrawal of the order, in case they claim to the order violates the provisions of Arts.10, 11 and 12 of this Law.
When the above appeal is made, the prefectural governor shall not cause the official concerned to execute the health examination until the decision is fixed.
In case the prefectural governor makes a disposition in accordance with the provisions of Arts.10, 11 and 12, he shall notify or make the competent officials notify, the individual concerned that he has a right to appeal to the court in accordance with the provision of Par.1.
Chapter VIII. Penal Provisions
Article 26. Any person who in suffering from VD liable to infect others, performs prostitution, shall be liable to penal servitude not exceeding 2 years or a fine not exceeding 10,000 yen.
Article 27. Any person who assists or solicits prostitution or provides a place for prostitution with good knowledge of the presence of VD in the prostitute liable to infect others, shall be liable to penal servitude not exceeding 3 years or a fine not exceeding 20,000 yen.
Any person who assists or solicits prostitution or provides a place for prostitution without knowing the presence of VD by error in the prostitute liable to infect others, shall likewise be liable to the same peralty.
Article 28. Any person who is suffering from VD liable to infect others, acts so as to infect others, with the disease by senal intercourse, lactation or other intimate physical contact shall be liable to penal servitude not exceeding 1 year or a fine not exceeding 5,000 yen.
The above said two offences shall be discussed upon indictment.
Article 29. Any physician who, without proper reasons, reveals the confidential information regarding any patient which he happens to know at the time of the health examination or treatment of VD of the patient shall be liable to penal servitude not exceeding one year or a fine not exceeding 5,000 yen.
In case the officials conducting health examination as provided for in Art.11, public officials engaged in the duty for the prevention of VD or other persons holding such positions reveal without proper reasons the secret of others which they happen to know in performance of their duties, the preceding paragraph shall apply likewise.
Article 30. Persons who make false answers to the questions of the physician provided for in Art.6 shall be liable to penal servitude not exceeding six months or a fine not exceeding 2,000 yen.
Article 31, Persons who without proper reasons, reject, hinder or evade the execution of duties of the officials concerned as provided for in Art.22 or who make false answers to the questions of the said officials shall be liable to a fine not exceeding 5,000 yen.
Article 32. Any persons who fall under any of the following items shall be liable to a fine not exceeding 3,000 yen:
1. Any one who fails to give the instruction or submit the report under Art.6 or the report under Art.7, Par.1.
2. Any one who violates the provision of Art.7, Par.2.
3. Any one who disobeys the order provided for in Art.10, or Art.15, Par.1 or 2.
4. Any one who disobeys the order provided for in Art.11 or rejects, hinders or evades the health examination prescribed in Art.11 or 12.
5. Any one who fails to submit the report provided for in Art.14, Par.1.
Supplementary Provisions:
Article 33. This Law shall come into force as from September 1, 1948.
Article 34. The VD Prevention Law (Law No.48 of 1927) and the Special Regulations for the VD Prevention Law (Welfare Ministry Ordinance No.45 of 1945) shall be abolished.
Article 35. Medical offices established under Art.2, Par.1 of the Prevention Law and substitutes therefor under Art.4 of the same Law existing at the time of the enforcement of this Law shall be deemed to be those provided for in Art, 16.
Article 36. The offence against VD Prevention Law and the Special Regulations for VD Prevention Law Committed before the enforcement of this Law shall be dealt with according to the existing Laws.
Minister of Finance KITAMURA Tokutaro
Attorney-General SUZUKI Yoshio
Minister of Welfare TAKEDA Giichi
Prime Minister ASHIDA Hitoshi