The Public-Health Nurse, Midwife and Nurse Law
法令番号: 法律第203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 Public-Health Nurse, Mid wife and Nurse 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.203
The Public-Health Nurse, Midwife and Nurse Law
Chapter I. General Provisions
Art.1.　This Law shall aim to elevate the quality of the public-health nurse, midwife and nurse, and then, to attempt the popularization and elevation of medical treatment and public health.
Art.2.　In this Law, "public-health nurse" shall mean the female who has been licensed by the Minister of Welfare and practises guidance with respect to health under the title of public-health nurse.
Art.3.　In this Law, "midwife" shall mean the female who has been licensed by the Minister of Welfare and practises midwifery or guidance with respect to the health of pregnant women, women in childbed and newly born babies.
Art.4.　The nurses shall be class-A nurses and class-B nurses.
Art.5.　In this Law, "class-A nurse" shall mean the female who has been licensed by the Minister of Welfare and practises nursing for the injured, the sick or women in childbed or assistance for medical examination and treatment.
Art.6.　In this Law, "class-B nurse" shall mean the female who has been licensed by a prefectural governor and practises the practice mentioned in the preceding Article (except nursing for the injured, the sick or women in childbed who are acute and heavy) under the direction of a medical practitioner, a den tist, or a class-A nurse.
Chapter II. Licence
Art.7.　One who wants to be a public-health nurse, a midwife or a class-A nurse shall pass the national public health nurse examination, the national midwife examination or the national class-A nurse examination and be licensed by the Minister of Welfare.
Art.8.　One who wants to be a class-B nurse shall pass the class-B nurse examination and be licensed by a_prefectural governor.
Art.9.　The licence according to the preceding two Articles (to be called the licence hereinafter) shall not be given to those who are deaf, dumb or blind.
Art.10.　The licence may not be give to those who come under one of the following items:
(1)　Those Who have been sentenced to a penalty heavier than a fine;
(2)　Those who have committed crimes or done wrong deeds concerning the practice of public health nurse, midwife or nurse except those who come under the preceding item;
(3)　Those who are of notoriously bad character;
(4)　Those who are mental patients or addicts of narcotic or marihuana or have infectious diseases.
Art.11.　The Public-Health Nurses List, the Midwives List and the class-A Nurses List shall be prepared in the Ministry of Welfare and the articles concerning the public-health nurse licence, the midwife licence and the classs-A nurse;licence shall be registered on it.
Art.12.　The class-B Nurses List shall be prepared in a prefectural office and the articles concerning the class-B nurse licence shall be registered on it.
Art.13.　The licence shall be given by the registration on Public-Health Nurses, List, the Midwives List, the class-A Nurses List or the class-B Nurses List.
When the Minister of Welfare or a prefectural governor gave the licence, he shall issue respectively the certificate of the public-health nurse licence, the certificate of the midwife licence, the certificate of the class-A nurse licence or the certificate of the class-B nurse licence.
Art.14.　In case a public-health nurse, a midwife or a class-A nurse comes under Art.9, the Minister of Welfare shall cancel her licence.
In case a class-B nurse comes under Art.9, the. prefectural governor shall cancel her licence.
In case a public-health nurse, a midwife or a class-A nurse comes under one of the items of Art.10, or behaves in such a way as detrimental to the dignity of a public-health nurse a midwife or a class-A nurse, the Minister of Welfare may cancel her licence or may order suspension of her practice for a fixed period.
In case a class-B nurse comes, under one of the items of Art.10, or behaves in such a way as detrimental to the dignity of a class-B nurse, the prefectural governor may cancel her licence, or may order suspension of her practice for a fixed period.
The licence may be given again to one who has been dealt with by the cancellation under par.3 or par.4, when her disease is cured, or when she shows sincere repentance. In this case, the provisions of Art.13 shall apply with necessary modifications.
Art.15.　The Minister f Welfare shall, alt the time of disposition under par.1, par.3 or par.5 of the preceding Article, hear beforehand the opinion of the Public-Health Nurse, Midwife and Nurse Examination Council Committe.
The prefectural governor shall, at the time of disposition under par.2, par.4 or par.5 of the preceding Article, hear beforehand the opinion of the class-B Nurse Examination Committee.
Such steps as provided for by pars.1 to 4 inclusive of the preceding Article shall not be taken until after a hearing has been given before a government or public official or a member of the Committee mentioned in the preceding two paragraphs designated for such purpose by the Minister of Welfare or the prefectural governor. In this case, the reasonable advance notice shall be made to the licencee. The notice shall state the date and place of hearing and state further the ground or grounds constituting the charges against the licence.
The licence 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 or the prefectural governor for decision.
Art.16.　Except the provisions of this chapter, matters concerning application licence, of registration, correction and erasing of the Public-Health Nurses List, the Midwives List, the class-A Nurses List and the class-B Nurse List, delivery, rewriting, redelivery and restoration of the certificate and report of the residence, shall be fixed by Ministerial Ordinances.
Chapter III. Examination
Art.17.　The national public-health nurse examination, the national midwife-examination, the national class A nurse examination othe class-B nurse examination shall be held on the necessary knowledge and technical ability as a public-health nurse, a midwife, a class-A nurse or a class-B nurse respectively.
Art.18.　The national public-health nurse examination, the national midwife examination and the national class-A nurse examination shall be held. once a year at least by the Minister of Welfare, and the class-B nurse examination shall be held once a year at least by a prefectural governor.
Art.19.　Only those who have passed the national class-A nurse examination or come under one of the items of Art.21, and thereon come under one of the following items shall be allowed to take the national public-health nurse examination:
(1)　Those who have studied the curriculum concerning public-health nursing one year at least in the school authorized by the Minister of Education;
(2)　The graduates from the public-health nurse training schools authorized by the Minister of Welfare;
(3)　Those who graduated from foreign public-health nurse schools or received the licence of public-health nurse in foreign countries, and are recognized by the Minister of Welfare to be equivalent to those under the preceding two items in the knowledge and technical ability.
Art.20.　Only those who have passed the national class-A nurse examination or come under one of the items of Art.21, and thereon come under one of the following items shall be allowed to take the national midwife examination:
(1)　Those who have studied the curriculum concerning midwifery one year at least in the school authorized by the Minister of Education;
(2)　The graduates from the midwife training school authorized by the Minister of Welare;
(3)　Those who graduated from foreign midwife schools or received licence of midwife in foreign countries and are recognized by the Minister of Welfare to be equivalent to those under the preceding two items in the knowledge and technical ability.
Art.21.　Only those who come under one of the following item shall be allowed to take the national class-A nurse examination;
(1)　Those who have studied the class-A curriculum concerning nursing three years at least in the school authorized by the Minister of Education;
(2)　The graduates from the training school for class-A nurses authorized by the Minister of Welfare;
(3)　Class-B nurses who graduated from a high school and have been engaged in nursing three years at least after obtaining licence, and have studied one year at least at a school or training school under the preceding two items;
(4)　Those who graduated from foreign nursing schools or received the licence of nurse in foreign countries, and are recognized by the Minister of Welfare to be equivalent to those under item 1 or item 2 in the knowledge and technical ability.
Art.22.　Only those who come under one of the following items shall be allowed to take the class-B nurse examination:
(1)　Those who have studied the class-B curriculum of two years concerning nursing in the school authorized by the Minister of Education;
(2)　The graduates from the training school for class-B nurses authorized by the Minister of Welfare;
(3)　Those who come under item 1, item 2 or item 4 of the preceding Article;
(4)　Those who graduated from foreign nursing school or received the licence of nurse in foreign countries, and do not come under item 4 of the preceding Article and are recognized by the Minister of Welfare to be appropriate.
Art.23.　The Public-Health Nurse, Midwife and Nurse Examination Council Committee (to be called the Council Committee hereinafter) under the jurisdiction of the Minister of Welfare shall be set up in oder to investigate and deliberate upon the important matters concerning the national public-health nurse examination, the national midwife examination, the national class-A nurse examination and the class-B nurse examination, in answer to the inquiry of the Minister of Welfare.
Except matters under the preceding paragraph, the Council Committee shall investigate and deliberate upon the important matters concerning the authorization according to the provisions of each item 2 of Art.19 to the preceding Article inclusive, in answer to the inquiry of the Minister of Welfare.
Art.24.　The Public-Health Nurse, Midwife and class-A Nurse Examination Committee (to be called the Examination Committee hereinafter) under the jurisdiction of the Minister of Welfare shall be set up, in order to menage the affairs concerning the enforcement of the public-health nurse examination, the midwife examination and the class-A nurse examination.
Except matters under the preceding paragraph, the Minister of Welfare may cause the Examination Committee to inspect and investigate upon necessary matters concerning the training schools according to the provisions of each item 2 of Art.19 to Art.22 inclusive.
Art.25.　The class-B nurse examination committee under the jurisdiction of the prefectural governor shall be set up, in order to manage the affairs concerning the enforcement of the class-B nurse examination.
Art.26.　The Minister of Welfare may direct necessary matters to the prefectural governor concerning the enforcement of the class-B nurse examination, or may cause the Examination Committee to guide the class-B nurse examination committee concerning the standard of the class-B nurse examination.
The Minister of Welfare shall, in case he gives the direction or causes to guide according to the preceding paragraph, hear the opinion of the Council Committee.
Art.27.　The Examination Committee, class-B nurse examination committee or those who manage the affairs concerning the enforcement of national publichealth nurse examination, national midwife examination, national class-A nurse examination or class-B nurse examination shall hold themselves strict and shall not perform any wrong conduct in connection with their duties.
Art.28.　Subjects and procedure of application of the public-health nurse examination, midwife examination, class-A nurse examination and class-B nurse examination and other necessary matters concerning such examinations outside the provisions in this chapter shall be fixed by Ministerial Ordinance.
Chapter IV. Practice
Art.29.　Those who are not the duly licensed publichealth nurses shall not practise the business provided for in Art.2, under the title of public-health nurse or the like.
Art.30.　Those who are not the duly licensed midwives shall not practise the business provided for in Art.3. However, those who practise according to the provisions of the Medical Practitioner Law (Law No.201 of 1948) shall be excepted from this rule.
Art.31.　Those who are not the duly licensed class-A nurse shall not practise the business provided for in Art.5. However, those who practise according to the provisions of the Medical Practitioner Law or Dentist Law (Law No.202 of 1948) shall be excepted from this rule.
The public-health nurses or the midwives, in spite of the provisions of the preceding paragraph, may practise the business provided for in Art.5.
Art.32.　Those who are not the duly licensed class-B nurses shall not practise the business provided for in Art.6. However, these who practise according to the provisions of the Medical practitioner Law or Dentist Law shall be excepted from this rule.
Art.33.　In case a public-health nurse, a midwile, a class-A nurse or a class-B nurse wants to begin or has ceased her work, she shall report it to the prefectural governor of the place where her work is done.
In case one who has reported concerning the beginning of the business in accordance with the provision of the preceding paragraph, wants to continue her work, she shall report it to the prefectural governor of the place where her work is done every two years.
Necessary matters concerning the report under the provisions of the preceding two paragraphs shall be fixed by Ministerial Ordinance.
Art.34.　The prefectural governor shall prepare the list of working public-health nurses, the list of working midwives, the list of working class-A nurses and the list of working class-B nurses, and shall describe on them the matters concerning the report under the preceding Article, and shall issue the certificate of the working public-health nurse, the certificate of the working midwife, the certificate of the working class-A nurse or the certificate of the working class-B nurse to one who has reported the beginning of work, and shall describe necessary matters on the certificate of one who has reported continuance of work respectively.
The matters concerning the lists and the certificates according to the preceding paragraph shall be fixed by Ministerial Ordinance.
Art.35.　The public-health nurse shall, on giving her medical guidance to the injured or the sick, if there is the medical practitioner or the dentist in charge, obey his or her directions.
Art.36.　The public-health nurse shall, in case the director of the health center taking charge of the place of her work gives directions concerning her practice, obey them. However, the application of the provision of the preceding Article shall not be hindered.
Art.37.　The public health nurse, the midwife or the nurse shall not perform any conduct such as using of medical or surgical apparatuses, prescription or administration of drugs and other deeds which may be hygienically harmful unless done by a medical practitioner or by a dentist except under the direction of the me dical practitioner or the dentist in charge. However, treatments of first aid are exmpted from this rule and cutting off the navel string, administering the enema and other conducts naturally annexed to the practice of midwife, shall be the same.
Art.38.　The midwife, when she finds any abnor mality in pregnant women, women in childbirth, women in childbed, fetuses or newly born babies, shall have them apply for treatment by medical practitioners and shall not perform any treatment for them by herself. However, treatments of first aid shall be excepted from this rule.
Art.39.　The midwife engaging in her profession, when she received a request for midwifery or health guidance of a pregnant woman, a woman in childbed or a newly born baby, shall not refuse it without proper reasons.
The midwife who helped the delivery or performed the examination of dead fetuses, when required the delivery of the certificate of birth, the certificate of still birth or the certificate of the examination of dead fetuses, shall not refuse it without proper reasons.
Art.40.　The midwife shall not issue the certificate of birth, the certificate of still birth or the certificate of the examination or dead fetuses without helping delivery or performing the examination of dead fetuses by herself.
Art.41.　In case the midwife, examining the dead fetuses of more than four months, finds any abnormality, she shall report it to the competent police station within 24 hours.
Art.42.　In case a midwife helps delivery, she shall describe matters concerning midwifery on the midwifery record book without delay.
Of the midwifery record book under the preceding paragraph, one concerning midwifery done by midwives serving in a hospital, a clinic or a midwifery home shall be preserved for years by the managers of it, and one concerning midwifery done by others by the midwives concerned, for 5 years.
Matters to be written on the midwifery record book under par.1 of this Article shall be fixed by Ministerial Ordinance.
Chapter V. Penal Provisions
Art.43.　One who comes under any one of the following items shall be liable to penal servitude not more than 1 year or a fine not more than 10,000 yen:
(1)　One who violates the provisions of Art.29 to Art.32 inclusive;
(2)　One who has received licence based on false or untrue facts.
In case one who violated item 1 of the preceding paragraph professes herself as midwife, nurse or the like, she shall be liable to penal servitude not more than 2 years or a fine not more than 20,000 yen
Art.44.　One who comes under any one of the following items shall be liable to penal servitude not more than 6 months or a fine not more than 5,000 yen:
(1)　A public-health nurse, a midwife or a nurse who, under suspension of her business, practises her business;
(2)　One who violates the provisions of Art.35 to Art.38 inclusive;
(3)　One who violating the provisions of Art.27, leaked examination questions beforehand either intentionally or by grave mistakes, or who made intentionally unfair marking of the paper.
Art.45.　One who violates the provisions of Art.33 or Art.40 to Art.42 shall be liable to a fine not more than 5,000 yen.
Supplementary Provisions:
Art.46.　Of this Law, the provisions concerning authorization of the school or the training school and the provisions of Art.47 to Art.50 inculsive shall come into force as from the day of the enforcement of the Medical Practitioner Law, the provisions concerning the nurse as from September 1, 1950 and other provisions as from September 1, 1951.
Art.47.　The Public-Health Nurse, Midwife and Nurse Order (Cabinet Order No.124 of 1947) shall be abolished.
Art.48.　The authorization done by the Minister of Education or the Minister of Welfare according to the provisions of Art.21 to Art.24 inclusive of the Public-Health Nurse, Midwife and Nurse Order shall be deemed to be one according to the corresponding provisions of this Law.
Art.49.　Necessary matters concerning the phblic-health nurse and midwife shall be fixed by Order till August 31, 1951.
The Public-Health Nurse Regulations (Welfare Ministry Ordinance No.20 of 1945, to be called the Former Public-Health Nurse Regulations hereinafter) according to the National Medical Treatment Law and the Midwife Regulations (Imperial Ordinance No.345 of 1899, to be called the Former Midwife Regulations hereinafter) according to the National Medical Treatment Law shall be deemed be the order according to the provisions of the preceding paragraph, till August 31, 1951.
One who, violating the provisions of the Order according to par.1, practised the practice of public-health nurse under the title of public-health nurse or the business of midwife, without receiving the licence, or without being registered shall be liable to penal servitude not more than 6 months or a fine nof more than 5,000 yen.
One who, violating the provisions of the Order according to par.1, neglected the duty on the practice of public-health nurse or midwife, or a public-health nurse or a midwife who practised the practice during the period of suspension of her practice shall be liable to a fine not more than 5,000 yen.
One who, violating the provisions of the Order according to par.1, neglected the procedure concerning licence, registration or report shall be liable to a fine not more than 500 yen.
Art.50.　Necessary matters concerning nurse shall be fixed by Order till August 31, 1950.
The Nurse Regulations (Home Ministry Ordinance No.9 of 1915, to be called the Former Nurse Regulations hereinafter) according to the National Medical Treatment. Law shall be deemed as the Order according to the provisions of the preceding paragraph till August 31, 1950.
One who, violating the provisions of the Order according to par.1, neglected the duty on the practice of nurse, or a nurse practised the practice during the period of suspension of her practice shall be liable to a fine not more than 5,000 yen.
One who, violating the provisions of the Order according to par.1, neglected the procedure concerning licence, registration or report shall be liable to a fine not more than 500 yen.
Art.51.　One who has been licensed as a public-health nurse by the prefectural governor in accordance with the Former Public-Health Nurse Regulations may practise, the practice provided for in Art.2 under the title of the public-health nurse, in spite of Art.29.
Concerning those under the preceding paragraph, the provisions concerning the public-health nurse of this Law shall apply with necessary modifications.
Those under par.1 may take the national public-health nurse examination, in spite of Art.19.
Art.52.　Those who have been registered on the list of midwives in accordance with the Former Midwife Regulations may practise the practice provided for in Art.3, in spite of Art.30.
Concerning those under the preceding paragraph, the provisions concerning the midwife of this Law (except the provisions of par.2 of Art.31) shall apply with necessary modifications.
Those. under par.1 may take the national midwife examination, in spite of Art.19.
Art.53.　One who has been licensed as a nurse by the prefectural governor in accordance with the Former Nurse Regulations may practise the practice provided for in Art.5, in spite of Art.31, under the title of the nurse.
Concerning those under preceding paragraph, except the limit of their practice, the provisions concerning the class-B nurse of this Law shall apply with necessary modifications. However, "the list of working class-B nurses" shall read "the list working nurses" and "the certificates of working class-B nurses" shall read "the certificates of working nurses" .
Those under par.1 may take the national class-A nurse examination, in spite of Art.21.
Art.54.　Those who are under item 1 or item 2 of Art.3 of the Former Public-Health Nurse Regulations on September 1, 1951, those who are studying in the training school under item 1 of Art.3 of the Former Public-Health Nurse Regulations at that time and continue their study and have graduated from it, or those who come under item 2 of Art.3. of the Former Public-Health Nurse Regulations after September 1, 1951, may receive the licence of the prefectural governor according to the Former Public-Health Nurse Regulations for the time being.
Art.55.　Those who are under item 1 or item 2 of Art.1-(2) of the Former Midwife Regulations on September 1, 1951, or those who are studying in the school or the training school under item 2 of Art.1-(2) of the Former Midwife Regulations at that time and con tinue their study and have graduated from it, may be registered on the list of midwives according to the Former Midwife Regulations for the time being.
Art.56.　Those who come under Art.5 of the Former Nurse Regulations on September 1, 1950 or those who are studying Knowledge and skill of nursing at that time may take the nurse examination according to the Former Nurse Regulations until August 31, 1951.
Those who are under each item of Art.2 of the Former Nurse Regulations on September 1, 1950, or those who are studying in the school or the training school at that time and have graduated by March 31, 1951, or those who come under item 1 of Art.2 of the Former Nurse Regulations after September 1, 1950, may receive the licence of the prefectural governor according to the Former Nurse Regulations for the time being.
Art.57.　The disposition of suspension of practice in accordance with the Former Public-Health Nurse Regulations, the Former Midwife Regulations or the Former Nurse Regulations shall be deemed to be one according to the corresponding provisions of this Law. In this case, the period of suspension shall still be according to the former examples.
Art.58.　Concerning one who was licensed by the prefectural governor according to Art.19 of the Former Midwife Regulations, the former examples shall be followed.
Art.59.　Concerning practical-nurses under the Focmer Nurse Regulations, the former examples shall still be followed.
Art.60.　Concerning male-nurses the provisions concerning nurses of this Law shall apply with necessary modifications.
Concerning male-nurses under the Former Nurse Regulations, the provisions of Art.53 and Art.56, shall apply with necessary modifications.
Minister of Education　MORITO Tatsuo
Minister of Welfare　TAKEDA Giichi
Prime Minister　ASHIDA Hitoshi