Article 1.　The purpose of this Law is to conduct medical treatment and protection for mentally disordered persons as well as to make efforts for the prevention of their occurrence for the sake of the preservation and improvement of the mental health of the people.

Article 2.　The State and local public bodies shall endeavour to make the mentally disordered persons adapt themselves to social life, enriching the institutions concerning medical treatment, education and welfare, and exercise the measures for the prevention of the occurrence of the mentally disordered persons, taking steps such as popularizing the knowledge of mental hygiene, etc.

Article 3.　The term "mentally disordered persons" in this Law comprises psychopaths (including toxic psychopaths), feeble-minded persons and psychopathic personalities.

Article 4.　To, Do, Fu or prefecture shall establish a hospital for the insane; provided that, in case there is a designated hospital in accordance with the provisions of Article 5, the establishment thereof may be postponed with the approval of the Minister of Welfare.

2　In case To, Do, Fu or prefecture is going to establish the hospital for the insane or extend or reconstruct its institution, the approval of the Minister of Welfare shall be obtained concerning the equipments, structure or the outline of the establishment project as prescribed by Ministerial Ordinance.

3　The hospital for the insane established by To, Do, Fu or prefecture actually existing at the enforcement of this Law shall be deemed to have received the approval in accordance with the provision of the preceding paragraph.

Article 5.　The governor of To, Do, Fu or prefecture may designate the whole or a part of such private hospital for the insane or the psychopathic room attached to such hospital other than the hospital for the insane as established by any one other than the State and To, Do, Fu or prefecture as the institution substitutive for the hospital for the insane to be established by To, Do, Fu or prefecture (hereinafter referred to as "the designated hospital" ) with the consent of the founder thereof.

2　In case the governor of To, Do, Fu or prefecture intends to make the designation in the preceding paragraph, he shall, in advance receive the approval of the Minister of Welfare as prescribed by Ministerial Ordinance.

3　With respect to the hospital for the insane actually operated by public or private body as the substitute in accordance with the provision of Article 7 of the Law for Hospital for the Insane (Law No.25 of 1919) at the time of enforcement of this Law, the designation as prescribed in the preceding two paragraphs shall be deemed to have been made.

Article 6.　The State shall, in accordance with the provisions of Cabinet Order, bear one half of the expenses required for the establishment and operation (excluding the case under the provision of Article 30) of such hospital for the insane or the psychopathic room in such hospital other than the hospital for the insane as established by To, Do, Fu or prefccture.

Article 7.　To, Do, Fu or prefecture or the city designated by Cabinet Order under the provisions of Article 1 of the Health Center Law (Law No.101 of 1947)(hereinafter referred to as "the designated city" ) may, with the approval of the Minister of Welfare, establish the mental hygiene information center.

2　The mental hygiene information center shall be the institution to conduct consultation and guidance concerning mental hygiene and popularize the knowledge thereof.

Article 8.　The State shall, in case To, Do, Fu or prefecture or the designated city has established the institution of the preceding Article, bear one half of the expenses required for the establishment and operation thereof in accordance with the provisions of Cabinet Order.

Article 9.　Any person other than the State, To, Do, Fu or prefecture and the designated city shall, in case he is going to establish the mental hygiene information center, receive the permission of the Minister of Welfare.

2　Any person who violated the provision in the preceding paragraph shall be liable to a non-criminal fine not more than 20,000 yen.

Article 10.　The words "mental hygiene information center" or words similar to those shall not be used in the name unless by the mental hygiene information center in accordance with this Law.

2　Any person who violated the provision of the preceding paragraph shall be liable to a non-criminal fine not more than 5,000 yen.

Article 11.　In case the representative of a juridical person or a proxy, an employee or any person otherwise engaged, of a juridical person or natural person has, with regard to the business of the said juridical person or natural person, committed an offence mentioned in the preceding two Articles, not only the offender shall be punished, but the non-criminal fines mentioned under the respective Articles shall be imposed on the juridical person or national person concerned.

Article 12.　Necessary matters other than those prescribed by this Law concerning the mental hygiene information center shall be provided for by Ministerial Ordinance.

Article 13.　The Mental Hygiene Council shall be established as the attached organ of the Ministry of Welfare to make its members investigate and deliberate on matters concerning mental hygiene.

Article 14.　The number of the members of the Mental Hygiene Council shall be fifteen and their tenure of office shall be three years.

2　The members shall be appointed by the Minister of Welfare from among the learned and experienced persons concerning mental hygiene as well as from among the public service personnel of the administrative organs concerned.

Article 15.　The Mental Hygiene Council shall answer the inquiry of the Minister of Welfare and shall present its opinion to the Ministers concerned regarding the exclusion of causes relative to mental disorder, improvement of methods of medical examination and treatment for mentally disordered person, measures concerning the prevention of occurrence thereof as well as regarding other matters relative to mental hygiene.

Article 16.　The Mental Hygiene Council may request the administrative organs concerned for the attendance of personnel belonging thereto, their explanation and presentation of data.

Article 17.　Necessary matters concerning the operation of the Mental Hygiene Council shall be fixed by Ministerial Ordinance.

Article 18.　The Minister of Welfare shall designate medical examiners of mental hygiene, with their consent, from among the physicians who have been in active practice of medical examination or treatment of mental disorder at least three years or more.

2　The medical examiner of mental hygiene shall, under the supervision of the governor of To, Do, Fu or prefecture, concerning the enforcement of this Law, judge whether there is any mental disorder or not and whether the mentally disordered person is in such a condition that the same is in need of hospitalization for the treatment and protection or not.

3　Concerning the execution of the duties in the preceding paragraph, the medical examiner of mental hygiene shall be deemed to be one of the personnel engaging in the public service in accordance with laws and orders.

Article 19.　In case the governor of To, Do, Fu or prefecture has had the medical examiner of mental hygiene make examination of mental disorder, the same governor shall, in accordance with the provisions of prefectural by-law, pay actual expenses required for the examination and adequate remuneration.

Article 20.　With respect to the mentally disordered person, his guardian, spouse, person who exercises parental power and person responsible for his support shall be responsible for the protection of the said person, provided that, one who falls under any one of the following items shall not be the person responsible for protection:

2　In case there are several persons responsible for protection, the person who is actually responsible shall be decided by the following order; provided that, in case it is deemed especially necessary for the protection of the person in question, concerning those other than the guardian, the family court may change the same order pursuant to the application of the persons concerned:

3　The change of order under the provision of the proviso to the preceding paragraph and the selection under the provision of item (4) of the same paragraph shall, with respect to the application of the Law for Adjustment of Domestic Relations (Law No.152 of 1947), be deemed to be the matters enumerated in Article 9 paragraph 1, classification (A) of the said Law.

Article 21.　In case there is no person responsible for protection enumerated in the items of paragraph 2 of the preceding Article or in case the same is unable to exercise his duty, the mayor of city, town or village (including the head of special ward;hereinafter the same) having jurisdiction over the mentally disordered person's place of domicile shall exercise the duty of protection, and in case the said person has no place of domicile or it is unknown, the mayor of city, town or village having jurisdiction over the place where mentally disordered person resides shall exercise the duty thereof.

Article 22.　The person responsible for protection shall make the mentally disordered person receive medical treatment, and supervise him so as not to injure himself or others and shall protect the interests concerning the property of the mentally disordered person.

2　The person responsible for protection shall cooperate with physician so that the medical examination of the mentally disordered person may be exercised properly.

3　In case the person responsible for protection makes the mentally disordered person receive the medical treatment, the same responsible person shall comply with the indication of the physician.

Article 23.　Any person who has discovered a person who is mentally disordered or who is suspected to be the same, may apply to the governor of To, Do, Fu or prefecture for the examination of the medical examiner of mental hygiene and the necessary protection therefor.

2　At the application of the preceding paragraph, the written application giving the following matters shall be submitted to the governor of To, Do, Fu or prefecture through the director of the nearest health center:

3　A person who has submitted the application of paragraph 1 with false statement shall be liable to a penal servitude not more than six months or a fine not more than 20,000 yen.

Article 24.　Officials of National Rural Police or Police of Autonomous Entities shall, in case he has protected a mentally disordered person or a person who has been suspected to be the same in accordance with the provisions of Article 3 of the Law concerning the Execution of Duties of Police Officials (Law No.136 of 1948), report without delay to the director of the nearest health center.

2　The director of the health center shall, in case he has received the report under the preceding paragraph, report to that effect without delay to the governor of To, Do, Fu or prefecture.

Article 25.　In case a public prosecutor has found that the suspect or the accused has been in the condition of mental disorder, he shall report without delay to that effect to the governor of To, Do, Fu or prefecture, after he has taken measures of non-prosecution with respect to the case concerned or after the decision of the court (excluding the decision which sentences a penal servitude, confinement or detention but does not sentence a probation).

Article 26.　In case the chief of Correction and Rehabilitation Institution (meaning Detention House, Prison, Juvenile Prison, Reformatory or Juvenile Detention and Correction House;hereinafter the same) intends to release, leave or discharge the inmate who is suffering from mental disorder or who is suspected to be the same, the chief shall report the following items to the governor of To, Do, Fu or prefecture having jurisdiction over the home place to where the inmate returns (the location of the Correction and Rehabilitation Institution concerned, in case there is no such home place)

Article 27.　The governor of To, Do, Fu or prefecture shall, in case he deemed it necessary, on investigation, with respect to the person applied or reported in accordance with the provisions of the preceding four Articles, make the medical examiner of mental hygiene examine the person in question.

2　The governor of To, Do, Fu or prefecture shall, in case he makes the medical examiner of mental hygiene examine the person in question in accordance with the provision of the preceding paragraph, make the official concerned attend the, same examination.

3　The medical examiner of mental hygiene and the official concerned under the preceding paragraph may enter the place where the person in question resides within the limit necessary for exercising their duties under the preceding two paragraphs.

4　In case of entering the place where the person, in question resides in accordance with the provision of the preceding paragraph, the medical examiner of mental hygiene and the official concerned shall carry with them the identification cards certifying their status, and show them in case they are required by any person concerned.

5　Any person who has refused, disturbed or challenged the medical examination under the provision of paragraph 1, or who has refused or disturbed the entrance under the provision of paragraph 3, shall be liable to a fine not more than 10,000 yen.

Article 28.　The governor of To, Do, Fu or prefecture shall, in case he makes the medical examiner examine the person in question in accordance with the provision of paragraph 1 of the preceding Article, report in advance the date, time and place of the said examination to the person who is actually protecting the person in question, in case there is any such person.

2　Any guardian, person who exercises parental power, spouse and some other person who is actually protecting the person in question, may attend the medical examination under paragraph 1 of the preceding Article.

Article 29.　The governor of To, Do, Fu or prefecture may, in case he, as the result of the medical examination under the provisions of Article 27, deems that the person who received the medical examination is a mentally disordered person and is feared of injuring himself or others owing to his mental disorder if he is not committed to hospital for treatment and protection, commit the person to the hospital for the insane established by the State or To, Do, Fu or prefecture (including the psychiatric room attached to the hospital other than the hospital for the insane;hereinafter the same) or to the designated hospital without the consent of the person in question and persons concerned.

2　In the case of the preceding paragraph, if the governor of To, Do, Fu or prefecture is going to commit the person in question to hospital the result of the examination of each of the two or more medical examiners of mental hygiene shall agree with the recognition that the person is a mentally disordered person and is feared of injuring himself or others owing to his mental disorder if he is not committed to hospital for treatment and protection.

3　The superintendent of the hospital for the insane established by the State or To, Do, Fu or prefecture or the designated hospital shall admit the mentally disordered person under the preceding paragraph, except in case there is no reserved bed therefor (the designated bed in the case of the designated hospital receiving the designation under Article 5 concerning a part thereof) owing to the committal of the patients under the provision of paragraph 1.

4　The person who is actually accommodated in hospital in accordance with the provision of Article 2 of the Law for Hospital for the Insane at the time of enforcement of this Law shall be deemed to have been committed in accordance with the provision of paragraph 1.(Defrayment of Expenses and Subsidy)

Article 30.　The expenses required for the hospital treatment of the mentally disordered person who has been committed to hospital by the governor of To, Do, Fu or prefecture in accordance with the provision of the preceding Article shall be borne by To, Do, Fu or prefecture as prescribed by Cabinet Order.

2　The State shall, as prescribed by Cabinet Order, subsidize one half of the expenses borne by To, Do, Fu or prefecture in accordance with the provision of the preceding paragraph.

Article 31.　The governor of To, Do, Fu or prefecture may collect the whole or a part of the expenses required for the hospital treatment from the mentally disordered person who has been committed to hospital in accordance with the provisions of Article 29 or from the person responsible for his support, in case he is deemed to be able to pay the expenses.

Article 32.　Those who have complaints to the disposals taken by the governor of To, Do, Fu or prefecture in accordance with the provisions of Article 29 or the preceding Article may, under the provisions of the Appeal Law (Law No.105 of 1890), appeal to the Minister of Welfare within sixty days from the day of the disposition.

Article 33.　With respect to the person who has been diagnosed as mentally disordered person as the result of medical examination, the superintendent of the hospital for the insane may, in case he deems the committal to hospital of the person in question to be necessary for the purpose of medical treatment and protection, commit him to hospital without his consent if the person responsible for protection consents thereto.

Article 34.　The superintendent of the hospital for the insane may, in case he deems that for the person who has been suspected to be in the condition of mental disorder as the result of medical examination, considerable period of time is necessary for his diagnosis, commit him to hospital tentatively during the period of not more than three weeks without the consent of the person in question, if the guardian, spouse, person who exercises parental power or person responsible for his support consents thereto.

Article 35.　If, in cases where, the person who is to consent under the preceding two Articles is the guardian, he intends to make the consent under the preceding two Articles, the application of the provision of Article 858 paragraph 2 of the Civil Code (Law No.89 of 1896) shall not be excluded.

Article 36.　The superintendent of the hospital for the insane shall, in case he has taken the measures under the provision of Article 33 or Article 34, report the following matters, attaching thereto the written consent of the person from whom the consent concerning the committal to hospital has been obtained, to the governor of To, Do, Fu or Prefecture through the director of the nearest health center within ten days:

2　Any person who violated the provision of the preceding paragraph shall be liable to a non-criminal fine not more than 5,000 yen.

Article 37.　The governor of To, Do, Fu or prefecture may, in case he has received the report under the preceding Article, if he deems it necessary after the investigation thereupon, with respect to the person committed or tentatively committed to hospital in accordance with the provision of Article 33 or Article 34, make him receive the medical examination of two or more of medical examiners of mental hygiene, and may, if the result of the examination of each medical examiner of mental hygiene does not agree with the recognition of the necessity of the continued hospital treatment, order the superintendent of the hospital for the insane concerned to discharge the person in question.

2　Any person who violated the provision of the preceding paragraph shall be liable to a penal servitude of not more than three years or a fine of not more than 50,000 yen.

Article 38.　The superintendent of the hospital for the insane may set necessary limits to the action of the person in hospital or tentatively in hospital within the limit indispensable for treatment or protection thereof.

Article 39.　The superintendent of the hospital for the insane may, in case the mentally disordered person who was in hospital or tentatively in hospital and was feared to injure himself or others, has moved out of the hospital without leave and is missing, report the following matters to the chief of the competent police-station requiring the search therefor:

Article 40.　The superintendent of the hospital for the insane who has committed a mentally disordered person to hospital in accordance with the provisions of Article 29 may, in case he deems that the mentally disordered person is no more in need of continued hospital treatment in the light of the condition of illness, discharge him with the approval of the governor of To, Do, Fu or prefecture.

2　The superintendent of the hospital under the preceding paragraph may, in case he deems it adequate, in the light of the condition of illness of the mentally disordered person in hospital, to discharge the person in question temporarily and watch the progress of illness, discharge him tentatively within the period of not more than six months with the approval of the governor of To, Do, Fu or prefecture.

Article 41.　Any person responsible for protection shall receive the person discharged or tentatively discharged in accordance with the provisions of the preceding Article and shall, concerning the protection of the tentatively discharged, follow the indication of the superintendent of the hospital for the insane concerned.

Article 42.　The governor of To, Do, Fu or prefecture shall, with respect to the person who has been diagnosed as being mentally disordered as the result of medical examination (under the provisions of Article 27 and who has been unable to be committed to hospital according to the provisions of Article 29 or the person who has been discharged according to the provisions of Article 40 and who is in the condition of continued mental disorder, make the official concerned or the physician designated by the governor of To, Do, Fu or prefecture visit the said person, as occasion demands, to give adequate guidance concerning mental hygiene.

Article 43.　In case there are unavoidable circumstances which make it unable to accommodate immediately such mentally disordered person into the hospital for the insane as is feared to injure himself or others and is in need of hospital treatment, the person responsible for the protection of the mentally disordered person may, with the approval of the governor of To, Do, Fu or prefecture, exercise protective restraint in other place than the hospital for the insane until the same patient is committed to the hospital for the insane.

2　The person who is going to obtain the approval of the preceding paragraph shall present a written application giving the following matters, attaching the medical certificate of the physician thereto, to the governor of To, Do, Fu or prefecture through the director of the nearest health center:

3　The governor of To, Do, Fu or prefecture shall in case he has received the application of the preceding paragraph, decide without delay whether it is adequate or not to permit it, after he has made the medical examiner of mental hygiene examine the person in question, and report the result thereof to the applicant.

4　Upon making the permission in accordance with the provision of the preceding paragraph, the result of the medical examination of each of the two or more medical examiners of mental hygiene shall agree with the recognition that the person is a mentally disordered person and is feared of injuring himself or others owing to the mental disorder if he is not committed to hospital for treatment and protection.

Article 44.　The period of protective restraint shall not exceed two months computing from the day of the beginning of protective restraint.

2　The governor of To, Do, Fu or prefecture shall, within the period of the preceding paragraph, take measures to commit the mentally disordered person concerned who is in need of continued protective restraint to the hospital for the insane established by the State or To, Do, Fu or prefecture or to the designated hospital.

Article 45.　The governor of To, Do, Fu or prefecture shall make the official concerned or the physician designated by the governor of To, Do, Fu or prefecture conduct adequate guidance concerning place, equipment, measures and other necessary matters for protective restraint for the person who exercises protective restraint.

2　Any person who has not accepted the guidance of the preceding paragraph without proper reason shall be liable to a fine not more than 20,000 yen.

Article 46.　In case the person who exercises protective restraint is going to change the place or measures thereof, he shall obtain, in advance, the approval of the governor of To, Do, Fu or prefecture.

2　In case the person who exercises protective restraint has abolished the same, he shall report the year, month, day and hour of abolition to the governor of To, Do, Fu or prefecture through the director of the nearest health center within three days.

3　Any person who has violated the provision of paragraph 1 shall be liable to a fine not more than 50,000 yen and person who has violated the provision of paragraph 2 shall be liable to a non-criminal fine not more than 5,000 yen.

Article 47.　In case the person receiving the protective restraint is missing, the person who has exercised the protective restraint shall inform of the fact, without delay, to the governor of To, Do, Fu or prefecture through the director of the nearest health center as well as to the chief of the nearest police-station requiring the research thereof.

2　The report of the preceding paragraph shall give the following matters:

Article 48.　Except the case where the protective restraint is exercised in accordance with the provisions of Article 43, the mentally disordered person shall not be accommodated in other place than the hospital for the insane or the institution in which mentally disordered person may be accommodated in accordance with other laws.

2　With respect to the person who is actually confined in his own house in accordance with the provision of Article 9 of the Law for Supervision and Protection for the Insane (Law No.38 of 1900) at the time of enforcement of this Law, in case there are unavoidable circumstances which make it unable to commit the person to the hospital for the insane, the continued confinement in his own house may be permitted as heretofore within the period of one year from the time of enforcement of this Law.

Article 49.　The expenses disbursed by the person responsible for protection concerning medical treatment and protection for the mentally disordered person shall be borne by the mentally disordered person concerned or by the person responsible for his support.

2　If, in cases where the mayor of city, town or village is responsible for protection in accordance with the provision of Article 21, the mentally disordered person concerned or the person responsible for his support is unable to bear the expenses required for the medical treatment and protection, To, Do, Fu or prefecture having jurisdiction over the city, town or village (including special ward) which performed the protection shall bear the expenses thereof.

Article 50.　The provisions in this Chapter shall not obstruct the accommodation of mentally disordered person or person who is suspected to be the same in the Correction and Rehabilitation Institution to execute the punishment or protection measures.

2　Except the provisions of Article 26 and Article 27, the provisions in this Chapter shall not be applicable to the inmate in the Correction and Rehabilitation Institution.