Dentist Law
法令番号: 法律第202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 Dentist 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.202
Dentist Law
Chapter I. General Provisions
Art.1.　Dentists shall take charge of the dental 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 as dentists shall pass the National Dentists'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 of a dentist 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 dental affairs.
Art.5.　The Dentists'List shall be prepared in the Ministry of Welfare and the matters concerning the dentist's licence shall be registered on it.
Art.6.　The licence shall be given by registering on the dentists'list.
In case the Minister of Welfare has given the licence, he shall give the certificates of a dentist's licence.
A dentist shall report his name, address, (in case of one engaged in dental profession, the place of the same profession) 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 the place of residence, by Jan.15 of the next year.
Art.7.　In case a dentist comes under Art.3 the Minister of Welfare shall cancel his licence.
In case a dentist comes under any one of the items of Art.4 or behaves in such a way as detrimental to the dignity of the dentist, the Minister of Welfare may cancel the licence or may suspend his dental 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 par.1 and par.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 Welfare or the prefectural governor or before a member of the Inquiry Committee for 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 defence 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 findings 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 Dentists'List and report concerning dwelling-place shall be fixed by Ministerial Ordinance.
Chapter III. Examination
Art.9.　The National Dentists'Examination shall be carried out on the knowledge and skill to be possessed by a dentist concerning the dental surgery required clinically and the mouth hygiene.
Art.10.　The National Dentists'Examination and the Preliminary Examination of the National Dentists Examination shall be held once a year at least by the Minister of Welfare.
Art.11.　Anyone who does not come under anyone of the following items cannot take the National Dentists'Examination:
(1)　One who has completed the course of dental surgery in a college or a university approved by the Minister of Education;
(2)　One who has passed the Preliminary Examination of the National Dentists'Examination, and, after passing it, has gone through the internship on dental treatment and mouth hygiene for more than one year;
(3)　One who has graduated from a foreign dental school or obtained the licence of a dentist 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 dental school or obtained the licence of a dentist in a foreign country and does not come under item 3 of the preceding Article and has been recognized to be appropriate by the Minister of Welfare can only take the Preliminary Examination of the National Dentists'Examination.
Art.13.　A legally incompetent person, or a person who is deaf, dumb or blind cannot take the National Dentists'Examination and the Preliminary Examination of the National Dentists'Examination.
Art.14.　One specified below may not be allowed to take the National Dentists'Examination and Preliminary Examination of the National Dentists'Examination:
(1)　A legally quasi-incompetent person;
(2)　One who comes under anyone of the items of Art.4.
Art.15.　When there was any unjust deed concerning the National Dentists'Examination or the Preliminary Examination or the National Dentists'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 subject, 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 the practice of dentistry unless he is a duly licensed dentist.
Art.18.　One shall not use the title of dentist or attach the names liable to be confused with it unless he is a dentist.
Art.19.　A dentist who is engaged in dental treatments, in case the request for examination or treatment is made, shall not deny it without any proper reason.
A dentist who has made examination, in case the request for the delivery of dental certificate is made, shall not deny it without any porper reason.
A dentist shall not deliver death-certificate.
Art.20.　A dentist shall not perform dental treatment, or deliver dental certificates or prescriptions, without examining the patients personally.
Art.21.　In case prescriptions are required by the patients instead of medicines, a dentist shall deliver them;but in case there is any special trouble for the treatment, this rule shall not apply.
Art.22.　A dentist, in case he has examined the patients or given treatments tot hem, shall give the instructions for recovering their health and other matters necessary for promoting their health to the patients themselves or their guardians.
Art.23.　In case a dentist 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 treatments done by dentists 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 dentists concerned, each for 5 years.
Chapter V. Inquiry Committees, etc.
Art.24.　The Inquiry Committee for the National Dentists'Examination under the jurisdiction of the Minister of Welfare shall be set up to investigate and deliberate on the important matters concerning the National Dentists'Examination in response to the inquiries of the Minister of Welfare.
Art.25.　The National Dentists'Examination Committee under the jurisdiction of the Minister of Welfare shall be set up to manage the affairs concerning the National Dentists'Examination.
Art.26.　The Inquiry Committee of the Internship of Dentists under the jurisdiction of the Minister of Welfare shall be set up to investigate and deliberate on the important matters concerning the internship provided for in Art.11, in response to the inquiries of the Minister of Welfare.
Art.27.　The Committee of the Preliminary Examination of the National Dentists'Examination under the jurisdiction of the Minister of Welfare shall be set up to manage the affairs concerning the Preliminary Examination of the National Dentists'Examination.
Art.28.　Members of the National Dentists'Examination Committee, those of the Committee of the Preliminary Examination of the National Dentists'Examination and others managing the affairs of the National Dentists'Examination of the Preliminary Examination of the National Dentists'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.29.　One who comes under any 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 violated the provisions of Art.17;
(2)　One who has received the dentist's licence on the basis of any false or unjust fact.
In case one, who has committed th ecrime under item 1 of the preceding paragraph, has, at the same time, professed himself falsely as a dentist or the like, he shall be liable to penal servitude not more than 3 years or a fine not more than 30,000 yen.
Art.30.　One who comes under any one of the following item shall be liable to penal servitude not more than 1 year or a fine not more than 10,000 yen:
(1)　One who has violated the order of suspension under the provisions of Art.7, par.2;
(2)　One who has betrayed the secrecy of the examination problems wilfully or by any seriou mistake in contrevention of the provisions of the Art.28.
Art.31.　One who has violated the provisions of Art.6, par.3, Art.18, Art.20, Art.21, or Art.23 shall be liable to a fine not more than 5,000 yen.
Supplementary Provisions:
Art.32.　This Law shall come into force as from the day of the enforcement of the Medical Practitioner Law (Law No.201 of 1948).
Art.33.　Those who have received the dentist's licence according to the National Medical Treatment Law (Law No.70, of 1942, hereinafter referred to as the Former Law), or the Dentist Law (Law No.48, of 1906, hereinafter referred to as the Former Dentist Law) shall be deemed to be those who have received the dentist's licence according to this Law.
The dental profession by those who have obtained the licence for the practice of dental profession before the enforecement of the Former Dentist Law shall still be in accordance with the former examples.
The licence and examination to Japanese nationals who had been licensed as dentists by Governor-General of Korea, by Governor-General of Formosa, by Director of Saghalien Government, by Director of South Sea Government, by Ambassador Plenipotentiary to Manchukus or by Manchukuo, before Aug.15, 1945 may still be in accordance with the former examples, for five years after the hay of the enforcement of this Law.
Art.34.　The dental profession by the medical practitioners who, with the approval according to the provisions of Art.8, par.2 of the Former Law, or being deemed to have been approved according to the provisions of Art.72 of the Enforcement Regulations of the National Medical Treatment Law, (Ministry of Welfare Ordinance No.48 of 1942) can perform the deeds belonging to the skill of filling, prosthesis and orthodontia of the dental profession shall be dealt with according to the former examples.
The medical practitioners provided for in the preceding paragraph shall be deemed to be the dentists in the application of Art.6, par.3, Art.7, par.2 (excepting the items concerning the cancellation of licence), Art.17 and Art.19 to Art.23 inclusive.
Art.35.　The medical practitioner who, receiving the approval according to the provisions of Art.8, par.2 of the Former Law, can profess himself as the dental specialist may still profess himself as the dental specialist according to the former example, even after the enforcement of this Law.
Art.36.　The medical practitioners who, at the time of the enforcement of this Law, have specially studied dental surgery for more than 2 years in the school with the course of dental surgery, or are actually studying may, after the enforcement of this Law, still, according to the former example, profess himself as the dental specialist, with the approval of the Minister of Welfare, or perform the deeds belonging to the skill of filling, prosthesis and orthodontia of the dental profession.
To the medical practitioners who may perform the deeds belonging to the skill of filling, prosthesis and orthodontia of the dental profession with the approval of the Minister of Weltare, the provisions of Art.34, par.2, shall apply with necessary modifications.
Art.37.　The registration into the Dentists List according to the Former Law or the Former Dentist Law shall be deemed to be the one according to this Law.
Art.38.　The cancellation of dentists licence or the suspension of dental profession according to the Former Law or the Former Dentist Law shall be deemed to have been done according to the corresponding provisions of this Law. In this case, the term of susponsion shall still be in accordance with the former examples.
Art.39.　With regard to the punishment of one who has violated the Former Dentist Law or Ordinances issued on the basis of the same Law, or the dispositions done on the basis of the above Ordinances, the Former Dentist Law shall still remain in force
Art.40.　The patients'record-book by dentists or those who are mentioned in Art.34, par.1 according to the provisions of the Former Law shall be deemed to be the patients'record-book mentioned in Art.23.
Art.41.　Those who are qualified for the Preliminary Examination of the National Dentists'Examination by the former provisions at the time of the enforcement of this Law, shall be allowed to take the Preliminary Examination of the National Dentists'Examination, notwithstanding the provision of Art.12.
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.402 of 1946) may receive dentists'licence, notwithstanding the provisions of Art.2.
Art.43.　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 Dentists'Examination, notwithstanding the provisions of Art.11.
Art.44.　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 provisions of Art.98 of School Education Law shall be deemed to be the colleges or universities mentioned in item 1 o Art.11.
Minister of Education　MORITO Tatsuo
Minister of Welfare　TAKEDA Giichi
Prime Minister　ASHIDA Hitoshi