Medical Practitioner Law
法令番号: 法律第201号
公布年月日: 昭和23年7月30日
法令の形式: 法律

審議経過

I hereby promulgate the Medical Practitioner Law.
Signed:HIROHITO, Seal of the Emperor
This thirtieth day of the seventh month of the twenty-third year of Showa (July 30, 1948)
Prime Minister　ASHIDA Hitoshi
Law No.201
Medical Practitioner Law
Chapter I. General Provisions
Art.1.　A medical practitioner shall take charge of the medical treatment and the guidance of health, and contribute to the improvement and promotion of public health, in order to secure the healthy life of the people.
Chapter II. Licence
Art.2.　Those who are going to practise the profession of medicine shall pass the National Medical Practitioners'Examination and receive the licence of the Minister of Welfare.
Art.3.　The licence shall not be given to a minor, a legally incompetent person, a legally quasi-incompetent person, or a person who is deaf, dumb or blind.
Art.4.　To one who comes under any one of the following items, the licence may not be given:
(1)　One who is a mental patient or an addict of narcotic or marihuana;
(2)　One who has been condemned to a penalty heavier than a fine;
(3)　Excepting those who come under the preceding item, one who has committed a crime or done wrong deed concerning medical affairs.
Art.5.　The Medical Practitioners'List shall be prepared in the Ministry of Welfare and the matters concerning the medical practitioner's licence shall be registered on it.
Art.6.　The licence shall be given by registering on Medical Practitioners'List.
In case the Minister of Welfare has given the licence, he shall give the certificate of a Medical Practitioner's Licence.
A medical practitioner shall report his name, address, (in case of one engaged in medical profession, the place of the same profession in addition) and other matters provided for by Ministerial Ordinance, as of Dec.31 of every year, to the Minister of Welfare through the governor of the prefecture of his place of residence, by Jan.15 of the next year.
Art.7.　In case a medical practitioner comes under Art.3, the Minister of Welfare shall cancel the licence.
In case a medical practitioner comes under any one of the items of Art.4, or behaves in such a way as detrimental to the dignity of the medical practitioner, the Minister of Welfare may cancel the licence or may suspend his medical profession for a fixed term.
The licence may be given again to one who has been dealt with by the cancellation under the preceding paragraph, when his disease is cured, or when he shows sincere repentance. In this case the provisions of pars.1 and 2 of Art.6 shall apply with necessary modifications.
The Minister of Welfare, on the execution of the disposition provided for in the preceding 3 paragraphs, shall previously hear the opinions of the Inquiry Committee of Medical Morality.
Such steps as provided for by par.1 or par.2 shall not be taken until after a hearing has been held before a government official or a public official designated for such purpose by the Minister of Welfere or the Prefectural Governor or before a member of the Inquiry Committee of Medical Morality. In this case, the reasonable advance notice shall be made to the licensee. The notice shall state the date and place of hearing, and state further the ground or grounds constituting the charges against the licensee.
The licensee shall be heard in his defense either in person or by counsel, and may produce witnesses to testify in his behalf.
The person conducting the hearing shall take and preserve a record of hearing, and shall make a written report of his finding and a recommendation to the Minister of Welfare for decision.
Art.8.　Except for what are provided for in this Chapter, necessary matters concerning application for licence, delivery, rewriting, redelivery and return of the certificate of licence, registration, correction and erasing of Medical Practitioners'List and report concerning dwelling-place shall be fixed by Ministerial Ordinance.
Chapter III. Examination
Art.9.　The National Medical Practitioners'Examination shall be carried out on the knowledge and skill to be possessed by a medical practitioner concerning the medicine required clinically and public health.
Art.10.　The National Medical Practitioners'Examination and the Preliminary Examination of the National Medical Practitioners'Examination shall be held once a year at least by the Minister of Welfare.
Art.11.　Any one who does not come under one of the following items cannot take the National Medical Practitioners'Examination:
(1)　One who has completed the medical course in a college or a university approved by the Minister of Education, and gone through the internship on medical treatment and public health for more than one year;
(2)　One who has passed the Preliminary Examination of the National Medical Practitioners'Examination, and, after passing it, has gone through the internship on medical treatment and public health for more than one year;
(3)　One who has graduated from a foreign medical school or obtained the licence of medical practitioner in a foreign country, and is recognized by the Minister of Welfare to be equal to or more than one specified in the preceding two items in scholarship and skill and also to be appropriate.
Art.12.　One who has graduated from a foreign medical school or obtained the licence of a medical practitioner in a foreign country and does not come under item 3 of the preceding Article and bas been recognized to be appropriate by the Minister of Welfare can only take the Preliminary Examination of the National Medical Practitioners'Examination.
Art.13.　A legally incompetent person, or a person who is deaf, dumb or blind cannot take the National Medical Practitioners'Examination and the Preliminary Examination of the National Medical Practitioners'Examination.
Art.14.　One specified below may not be allowed to take the National Medical Practitioners'Examination and the Preliminary Examination of the National Medical Practitioners'Examination:
(1)　A legally quasi-incompetent person;
(2)　One who comes under any one of the items of Art.4.
Art.15.　When there was any unjust deed concerning the National Medical Practitioners'Examination or the Preliminary Examination of the National Medical Practitioners'Examination, to one who has any connection with the unjust deed, the same examination may be suspended or invalidated. In this case, the permission to take examination may not be given to him for a fixed term.
Art.16.　Except for what are provided for in this Chapter, necessary matters concerning the subjects, procedure, etc. of the examination and the internship shall be fixed by Ministerial Ordinance.
Chapter IV. Practice
Art.17.　One shall not be engaged in medical profession unless he is a duly licensed medical practitioner.
Art.18.　One shall not use the title of medical practitioner or attach the names liable to be confused with it, unless he is a medical practitioner.
Art.19.　A medical practitioner who is engaged in treatments, in case the request for examination or treatment is made, shall not deny it without any proper reason.
A medical practitioner who has made examination or post-mortem examination or who was present at childbirth in case the request for the delivery of medical certificates, post-mortem certificates, birth certificates or still-birth certificates is made, shall not deny it without any proper reason.
Art.20.　A medical practitioner shall not perform medical treatment, or deliver medical certificates or prescriptions, without examining the patients personally, or deliver birth certificates or still-birth certificates without attending the birth, or deliver post-mortem certificates without making post-mortem examination personally;provided that the death certificates delivered in case the patients under his treatment have died within 24 hours after the last examination shall be excepted from the rule.
Art.21.　A medical practitioner, in case he, on examininig dead bodies or still-born babies of more than 4 months, find anything unusual, shall report it to the police authorities concerned within 24 hours.
Art.22.　In the event a patient has asked the prescription instead of medicine, a medical practitioner shall not refuse it;but, in case there is any special trouble for the treatment, this rule shall not apply.
Art.23.　A medical practitioner, in case he has examined the patients or given treatments to them, shall give the instructions for recovering their health and other matters necessary for promoting their health to the patients themselves or their guardians.
Art.24.　In case a medical practitioner has examined or given treatments, he shall enter the matters concerning the examination and the treatments in the patients'record-books.
Of the patients'record-books under the preceding paragraph, those concerning the treatment done by medical practitioners serving in hospitals or clinics shall be preserved by the managers of the hospitals or of the clinics, and those concerning the treatments other than the above by the medical practitioners concerned, each for 5 years.
Chapter V. Inquiry Committees, etc.
Art.25.　Inquiry Committee of Medical Morality under the jurisdiction of the Minister of Welfare shall be set up to investigate deliberate on the important matters concerning the disposition provided for in Art.7 of this Law or Art.7 of the Dentist Law (Law No.202 of 1948) or the elevation of medical morals, in response to the inquiries of the Minister of Welfare.
Art.26.　The Inquiry Committee for the National Medical Practitioners'Examination under the jurisdiction of the Minister of Welfare shall be set up to investigate and deliberate on important matters concerning the National Medical Practitioners'Examination in response to the inquiries of the Minister of Welfare.
Art.27.　The National Medical Practitioners'Examination Committee under the jurisdiction of the Minister of Welfare shall be set up to manage the affairs concerning the National Medical Practitioners'Examination.
Art.28.　The Inquiry Committee of the Internship of Medical Practitioners under the jurisdiction of the Minister of Welfare shall be set up to investigate and deliberate on the important matters concerning the internship in accordance with Art.11 in response to the inquiries of the Minister of Welfare.
Art.29.　The Committee of the Preliminary Examination of the National Medical Practitioners'Examination under the jurisdiction of the Minister of Welfare shall be set up to manage the affairs concerning the Preliminary Examination of the National Medical Practitioners'Examination.
Art.30.　Members of the National Medical Practitioners'Examination Committee, those of the Committee of the Preliminary Examination of the National Medical Practitioners'Examination and others managing the affairs of the National Medical Practitioners'Examination or the Preliminary Examination of the National Medical Practitioners'Examination shall always be just and fair in the performance of the affairs and be careful not to do any wrong deed.
Chapter VI. Penal Provisions
Art.31.　One who comes under one of the following items shall be liable to penal servitude not more than 2 years or a fine not more than 20,000 yen:
(1)　One who has offended against the provisions of Art.17;
(2)　One who has obtained the licence of a medical practitioner on the basis of any false or unjust fact.
In case one has committed the crime under item 1 of the preceding paragraph, has at the same time professed himself falsely as a medical practitioner or the like, he shall be liable to penal servitude not more than 3 years of a fine not more than 30.00 yen.
Art.32.　One who comes under any one of the following items shall be liable to penal servitude of not more than 1 year or a fine not more than 10,000 yen:
(1)　One who has offended against the order of suspension under the provision of Art.7, par.2;
(2)　One who has betrayed the secrecy of the examination problems wilfully or by any serious mistake in contravention of the provisions of Art.30 or has given any unjust marks wilfully.
Art.33.　One who has offended against the provisions of Art.6, par.3, Art.18, Art.20 to Art.22 inclusive or Art.24 shall be liable to a fine not more than 5,000 yen.
Supplementary Provisions:
Art.34.　The date of enforcement of this Law shall be fixed by Cabinet Order within the term not more than 90 days after the day of its promulgation.
Art.35.　The National Medical Treatment Law (Law No.70 of 1942, hereinafter referred to as the Former Law) shall be abolished.
Art.36.　Those who have received the medical practitioner's licence according to the Forme Law or the Medical Practitioner Law (Law No.47, of 1906, hereinafter referred to as the Former Medical Practitioner Law) shall be deemed to be those who have received the medical practitioners licence according to this Law. As to those who have obtained the licence for the practice of medical profession before the enforcement of the Former Medical Practitioner Law, the same shall apply.
The medical profession by those who have obtained the provisional licence for the practice of medical profession before the enforcement of the Former Medical Practitioner Law shall be in accordance with the former examples.
The licence and examination to Japanese nationals who had been licensed as medical practitioners by Governor-General of Korea, by Governor-General of Formosa, by Director of Saghalien Government, by Director of South Sea Government, by Japanese Ambassador Plenipotentiary to Manchukuo, or by Manchukuo before Aug.15, 1945 may still be in accordance with the former examples, for five years after the day of the enforcement of this Law.
Art.37.　The registration into the Medical Practitioners'List according to the Former Law or the Former Medical Practitioner Law shall be deemed as the one according to this Law.
Art.38.　The cancellation of medical practitioners'licence or the suspension of medical profession according to the Former Law or the Former Medical Practitioner Law shall be deemed as to Law been done according to the corresponding provisions of this Law. In this case, the term of suspension shall still be in accordance with the former examples.
Art.39.　The patients'record-book by medical practitioners according to the provisions of the Former Law shall be deemed to be the patients'record-book mentioned in Art.24, of this Law.
Art.40.　With regard to the punishment of one who has violated the Former Law, or the Former Medical Practitioner Law or Ordinances issued on the basis of these Laws or dispositions according to the above Ordinances, the Former Law or the Former Medical Practitioner Law shall still remain in force.
Art.41.　One who comes under par.2 of the Supplementary Provisions of the Imperial Ordinance for Amending a Part of the Enforcement Ordinance for the National Medical Treatment Law (Imperial Ordinance No.402 of 1946) may receive medical practitioners'licence, notwithstanding the provisions of Art.2.
Art.42.　One who comes under par.2 of the Supplementary Provisions of the Imperial Ordinance for Amending a Part of the Enforcement Ordinance for the National Medical Treatment Law (Imperial Ordinance No.137, of 1947) may take the National Medical Practitioners'Examination, notwithstanding the provision of Art.11.
Art.43.　Colleges, universities or semmon gakko permitted to continue their existence as colleges or universities according to the Colleges and Universities Ordinance (Imperial Ordinance No.388 of 1918) or as semmon-gakko according to the Semmon-Gakko Ordinance (Imperial Ordinance No.61 of 1903) in accordance with the provision of Art.98 of the School Education Law (Law No.26 of 1947) shall be deemed to be the colleges or universities mentioned in item 1 of Art.11.
Minister of Education　MORITO Tatsuo
Minister of Welfare　TAKEDA Giichi
Prime Minister　ASHIDA Hitoshi