Tuberculosis Control Law
法令番号: 法律第96号
公布年月日: 昭和26年3月31日
法令の形式: 法律
I hereby promulgate the Tuberculosis Control Law.
Signed:HIROHITO, Seal of the Emperor
This thirty-first day of the third month of the twenty-sixth year of Showa (March 31, 1951)
Prime Minister YOSHIDA Shigeru
Law No.96
Tuberculosis Control Law
Contents
Chapter I General Provisions(Articles 1-3)
Chapter II Health Examination(Articles 4-12)
Chapter III Preventive Inoculation(Articles 13-21)
Chapter IV Report, Registration and Instruction(Articles 22-27)
Chapter V Prevention of Infection(Articles 28-32)
Chapter VI Medical Treatment(Articles 33-43)
Chapter VII Tuberculosis Control Advisory Council and Tuberculosis Advisory Committee(Articles 44-50)
Chapter VIII Expenditures(Articles 51-61)
Chapter IX Penal Provisions(Articles 62&63)
Chapter X Miscellaneous Provisions(Articles 64-68)
Supplementary Provisions
CHAPTER I General Provisions
(Purpose)
Article 1. The purpose of this Law is to prevent the harm of tuberculosis to the individuals and society by making efforts for the prevention and control of tuberculosis, and dissemination of the proper medical treatment among tuberculous patients, and to promote thereby the public welfare.
(Duties of the State and the Local Public Bodies)
Article 2. The State and the local public bodies shall endeavor to carry out prevention and control of tuberculosis and proper medical treatment of the patients.
(Duties of Physicians, etc.)
Article 3. Physicians and other persons concerned with medical treatment shall cooperate with the State and local public bodies in the activities provided for in the preceding Article.
CHAPTER II Health Examination
(Routine Health Examination)
Article 4. The employer (meaning the person defined in Article 10 of the Labor Standard Law (Law No.49 of 1947);hereinafter the same) of the enterprises or offices defined in Article 8 of the Labor Standard Law and specified by Cabinet Order (hereinafter referred to as "the enterprise" ), head of a school (including various schools and excluding schools with a course of less than one year;hereinafter the same) or head of reformatory or other institution specified by Cabinet Order (hereinafter referred to as "the institution" ) shall conduct yearly a routine health examination of the employees, students, pupils, or children or infants of the school or the inmates of the institution, by specifying the date or period.
2 The chief of the health center may give instruction to the employer of enterprise or head of a school or institution (excluding schools or institutions established by the State, To, Do, Fu or prefecture, or those cities which establish the health center), in regard to the specification of the date or period of routine health examination as provided for in the preceding Article.
3 The mayor of a city, town or village (the chief of the health center, in the areas of To where the wards exist) having jurisdiction over an area specified by the Minister of Welfare shall yearly conduct the health examination of those persons under 30 years of age who are not amenable to the health examination under paragraph 1 by specifying the date or period upon instruction from the chief of the health center (the governor of To, Do, Fu or prefecture, in the areas of To where the wards exist and in the cities which establish the health center).
4 When the employer or head or a school or institution has conducted health examination in accordance with the provisions of the Labor Standards Law, School Education Law (Law No.26 of 1947) and other laws, or the orders or regulations issued thereunder and that examination meets the technical requirement defined by Ministerial Ordinance under the provisions of Article 12, it shall be considered to be the health examination under the provisions of paragraph 1.
(Extra Health Examination)
Article 5. When the governor of To, Do, Fu or prefecture deems it particularly necessary for tuberculosis control, he may conduct an extra health examination of the persons mentioned under the following items by specifying the date and persons to receive it:
(1) Those who are engaged in an occupation in which they are likely to be infected with tuberculosis or infect the public with tuberculosis;
(2) Those who are working or receiving school education in a place or area likely to have high incidence of tuberculosis;
(3) Those who are living or have lived in a place or area likely to have high incidence of tuberculosis;
(4) Those who are living or have lived in the same house with the tuberculous patient.
(Method of Health Examination)
Article 6. The health examination provided for in the preceding two Articles shall be conducted by means of tuberculin test, x-ray examination and other methods specified by Ministerial Ordinance.
(Duty to Receive Health Examination)
Article 7. The persons amenable to the health examination under Article 4 paragraph 1 or paragraph 3 shall receive respectively the health examination to be conducted by the employer, head of a school or institution or mayor of a city town or village on the specified date or within the specified period.
2 The persons specified to receive extra health examination in accordance with the provisions of Article 5 shall receive the health examination to be conducted by the governor of To, Do, Fu or prefecture on the specified date.
(Health Examination Received at Other Places)
Article 8. When the persons who shall receive the routine or extra health examination have received a health examination which meets the technical requirements prescribed by Ministerial Ordinance under the provisions of Article 12 within three months prior to the date or the expiration of the period specified for health examination and have submitted to the executor of the health examination concerned a certificate of the physician or the document certifying the procedures of the health examination by such date or the expiration of such period, they shall be regarded as having received the routine or extra health examination.
(Persons who Did Not Receive Routine Health Examination)
Article 9. The persons who have been unable to receive the routine health examination on account of illness or other unavoidable cause shall, if the cause has ceased to exist within two months, receive health examination within one month from the extinction of the cause and submit to the executor of the routine health examination concerned a certificate of the physician or other document certifying the procedures of the health examination they have received.
(Record of Health Examination)
Article 10. The executor of health examination shall make without delay the record of health examination and preserve it when he has conducted health examination in accordance with the provisions of this Law or has received the certificate or other document as provided for in the preceding two Articles.
2 The executor of health examination, if requested by the persons who have received the health examination under the provisions of this Law for delivery of the copy of the record mentioned in the preceding paragraph, shall not refuse it without valid reason.
(Notification or Report)
Article 11. The executor of health examination shall, when he has conducted health examination in accordance with the provision of this Law (including the health examinations for which the certificate of the physician or other document under the provisions of Article 8 and Article 9 have been submitted), notify or report the number of the examined persons and other matters prescribed by Ministerial Ordinance to the governor of To, Do, Fu or prefecture through the chief of the health center (the chief of the health center and the mayor of the city if the place is located within the area of a city which establishes the health center) having jurisdiction over the place where the health examination concerned was conducted.
(Delegation to Ministerial Ordinance)
Article 12. The technical requirements for the execution of the health examination to be practised in accordance with the provisions of this Law, matters to be entered in the certificate and other document provided for in Article 8 and Article 9 and the form and the term of preservation of the health examination records shall be prescribed by Ministerial Ordinance.
CHAPTER III Preventive Inoculation
(Routine Preventive Inoculation)
Article 13. The person who has conducted the routine health examination in accordance with the provision of Article 4 paragraph 1 or paragraph 3 shall administer routine preventive inoculation to those of the examined persons (excluding those who are regarded as having received the routine health examination in accordance with the provisions of Article 8) whose reaction was tuberculin negative or questionably positive.
2 The person who has conducted the routine health examination in accordance with the provision of Article 4 paragraph 1 or paragraph 3 shall speedily conduct the tuberculin test of those persons who are regarded as having received the routine health examination in accordance with the provision of Article 8 and whose reaction was tuberculin negative or questionably positive, by specifying the date or period, and shall administer the routine preventive inoculation to those whose reaction is again tuberculin negative or questionably positive.
3 The mayor of a city, town or village shall yearly conduct the tuberculin test of the persons under 30 years of age who are residing within the area under his jurisdiction and who are not the persons amenable to the routine health examination, by specifying the date or period upon instruction from the chief of the health center (the governor of To, Do, Fu or prefecture, in the areas of To where the wards exist and in the cities which establish the health center), and administer the routine preventive inoculation to those whose reaction is tuberculin negative or questionably positive. However, this shall not apply to the patients of tuberculosis and other persons who are regarded as having been infected with tuberculosis as provided for by Ministerial Ordinance.
(Extra Preventive Inoculation)
Article 14. When the governor of To, Do, Fu or prefecture deems it particularly necessary for tuberculosis control, he may conduct the tuberculin test, in regard to the persons mentioned in the items of Article 5, by specifying the persons to receive it and the date, administer the extra preventive inoculation to those whose reaction is tuberculin negative or questionably positive. However, this shall not apply to the persons provided for in the proviso to paragraph 3 of the preceding Article.
(Date of Administration of Preventive Inoculation)
Article 15. The preventive inoculation provided for in the preceding two Articles shall be administered on the day the tuberculin reaction was read. However, it may be postponed within the limit of two weeks from that day, it there is unavoidable cause.
(Duty to Receive Tuberculin Test and Inoculation)
Article 16. The persons amenable to the tuberculin test mentioned in Article 13 paragraph 2 or paragraph 3 and the persons amenable to the preventive inoculation mentioned in each paragraph of the same Article shall receive the tuberculin test or the routine preventive inoculation administered by the employer, head of a school or institution or head of a city, town or village, on the specified date or within the specified period.
2 The persons specified to receive the tuberculin test in accordance with the provisions of Article 14 shall receive on the specified date, the tuberculin test administered by the governor of To, Do, Fu or prefecture, and, if proved to be tuberculin negative or questionably positive, shall further receive the preventive inoculation conducted by the governor of To, Do, Fu or prefecture.
(Tuberculin Test and Preventive Inoculation Received at Other Places)
Article 17. When the persons who shall receive tuberculin test in accordance with the provision of the preceding Article have received the tuberculin test within three months from the date or the expiration of the period specified forsuch test and have submitted to the executor of the tuberculin test concerned a certificate of the physician or other document certifying that they are tuberculin positive by such date or the expiration of such period, or when they have received the preventive inoculation within three months prior to such date or the expiration of such period and have submitted to the executor of the tuberculin test concerned a certificate of the physician or other document certifying it by such date or the expiration of such period, they shall be regarded as having received the tuberculin test or the preventive inoculation as provided for in the preceding Article.
2 The provision of the preceding paragraph shall apply only in cases where the tuberculin test or preventive inoculation they have received meets respectively the technical requirements prescribed by Ministerial Ordinance based on the provision of Article 21.
(Persons Who Did Not Receive the Routine Preventive Inoculation)
Article 18. The persons who have been unable to receive the tuberculin test or the preventive inoculation under the provisions of Article 13 on account of illness or other unavoidable cause shall, if the cause has ceased to exist within two months, receive the tuberculin test within one month from the extinction of the cause and, if their reaction is tuberculin negative or questionably positive, receive the preventive inoculation immediately.
2 The persons whose reaction mentioned in the preceding paragraph was tuberculin positive or who have received the preventive inoculation mentioned in the same paragraph shall submit to the executor of the tuberculin test or preventive inoculation concerned a certificate of the physician or other document certifying it.
(Record of Tuberculin Test and Preventive Inoculation)
Article 19. The executor of preventive inoculation shall make without delay the record of tuberculin test or preventive inoculation and preserve it when he has conducted tuberculin test or preventive inoculation in accordance with the provisions of this Law or when he has received the certificate submitted as provided for in the preceding two Articles.
2 The executor of preventive inoculations, if delivery of the copy of the record in the preceding paragraph be requested by the person who has received the tuberculin test or preventive inoculation under the provisions of this Law, shall not refuse it without valid reason.
(Notification or Report)
Article 20. The provision of Article 11 shall apply mutatis mutandis to the cases where the executor of preventive inoculation has administered preventive inoculation in accordance with the provisions of this Law.
(Delegation to Ministerial Ordinance)
Article 21. The technical requirements of the tuberculin test and preventive inoculation to be conducted in accordance with the provisions of this Law, matters to be entered in the certificate provided for in Article 17 and Article 18, the forms and the term of preservation of the record of tuberculin test and preventive inoculation shall be prescribed by the Ministerial Ordinance.
CHAPTER IV Report, Registration and Instruction
(Report by Physicians)
Article 22. When a physician has diagnosed a patient to be tuberculous as the result of examination, he shall report such matters about the patient as are prescribed by Ministerial Ordinance to the chief of the nearest health center within two days.
2 When the chief of a health center has received the report mentioned in the preceding paragraph concerning a patient who does not reside in the area under his jurisdiction, he shall notify the contents of the report to the chief of the health center having jurisdiction over the place of residence of such patient.
(Report by Superintendent of Hospital)
Article 23. When the superintendent of a hospital has discharged a tuberculous patient, he shall report such matters about the patient as are prescribed by Ministerial Ordinance to the chief of the nearest health center within seven days.
2 The provision of paragraph 2 of the preceding Article shall apply mutatis mutandis to the case under the preceding paragraph.
(Registration by Chief of Health Center)
Article 24. The chief of a health center shall, when he has received a report or notification as provided for in the preceding two Articles about a patient who lives in the area under his jurisdiction, make a tuberculous patient registration card according to the form prescribed by Ministerial Ordinance.
(Home Visit Service)
Article 25. The chief of a health center shall, when he deems it necessary for the control or treatment of tuberculosis in connection with the patients registered in accordance with the provisions of the preceding Article, cause the public health nurses or other officials to visit the patients'homes and give necessary guidance.
(Instruction of Physicians to the Tuberculous Patients and Others)
Article 26. The physicians shall, when they have treated a tuberculous patient, give the patient or his caretaker (meaning the person who exercises parental rights or the guardian;hereinafter the same), or the person who gives him nursing care, instructions concerning disinfection, isolation and other matters necessary for the prevention of infection prescribed by Ministerial Ordinance.
(Physicians'Instruction at the Time of Diagnosis of Death, etc.)
Article 27. The physicians shall, when they have diagnosed the death of a patient likely to spread tuberculosis or have conducted autopsy upon the body of a patient likely to spread tuberculosis, give the person taking care of the place where the body is laid or his representative instructions concerning disinfection and other matters necessary for the prevention of infection prescribed by Ministerial Ordinance.
CHAPTER V Prevention of Infection
(Exclusion from Occupation)
Article 28. The governor of To, Do, Fu or prefecture may prohibit the patients who are deemed very likely to spread tuberculosis, as the result of the health examination provided for by this law, by specifying a period, from engaging in the business of waiting upon customers and such occupations likely to infect the public with tuberculosis as may be prescribed by Ministerial Ordinance.
2 The governor of To, Do, Fu or prefecture shall consult in advance with the chief of the Labor Standard Bureau of To, Do, Fu or prefecture having jurisdiction over the area of To, Do, Fu or prefecture concerned, when he intends to take the action mentioned in the preceding paragraph against those who are working in the enterprises amenable to the Labor Standard Law.
(Compulsory Hospitalization)
Article 29. If, in cases where a tuberculous patient is likely to infect the co-living persons with tuberculosis, the governor of To, Do, Fu or prefecture deems it necessary for the prevention of such infection, he may order the patient or his caretaker, by specifying a period, to be hospitalized or cause to be hospitalized at sanatorium (including a hospital with facilities to accommodate tuberculous patients;hereinafter the same).
2 The superintendent of a sanatorium established by the State or a local public body or by a juridical person subsidized by the National Treasury in accordance with the provision of Article 60 shall not refuse hospitalization without valid reason, if a patient or his caretaker has applied for it in cases where a notification has been received from the governor of To, Do, Fu or prefecture that he has ordered the patient to be hospitalized or caused to be hospitalized in accordance with the provision of the preceding paragraph.
(Disinfection of Houses, etc.)
Article 30. The governor of To, Do, Fu or prefecture may, in regard to the place where there is or was a patient likely to spread tuberculosis or his body, order the patient or his caretaker or the person who takes care of the place or his representative, or cause the officials concerned, to disinfect the house, isolate the patient and take other measures necessary for the prevention of infection, as may be prescribed by Ministerial Ordinance.
(Disinfection and Destruction of Articles)
Article 31. In regard to such clothing, bedding, utensils and other articles contaminated or likely to have been contaminated with tubercle bacilli, used or touched by a tuberculous patient, the governor of To, Do, Fu or prefecture may, when he deems it necessary for the prevention of tuberculosis, impose upon the possessor restriction or prohibition of transfer, order him to disinfect or order him to destroy if disinfection is difficult, or cause the officials concerned to disinfect such articles or destroy them if disinfection is difficult.
2 To, Do, Fu or prefecture shall compensate the loss which usually arises from the restriction, prohibition, or destruction under the provision of the preceding paragraph.
3 A person who intends to obtain compensation in accordance with the provisions of the preceding paragraph shall apply to the governor of To, Do, Fu or prefecture in accordance with the procedure to be prescribed by Ministerial Ordinance.
4 The governor of To, Do, Fu or prefecture shall, when he has received the application under the provisions of the preceding paragraph, decide the amount of compensation and notify it to the applicant.
5 A person who is dissatisfied with the decision mentioned in the preceding paragraph may apply to the court for an increase by way of a legal action within 60 days from the date of receipt of the notification.
(Inquiry and Investigation)
Article 32. When the governor of To, Do, Fu or prefecture deems it necessary for the execution of the provisions of the preceding two Articles, he may cause the officials concerned to enter the place where there is or was a tuberculous patient or his body or the place where there are articles contaminated or likely to have been contaminated with tubercle bacilli and to make an inquiry of the tuberculous patient or other persons concerned or necessary investigation.
2 The officials mentioned in the preceding paragraph shall carry with them a certificate verifying their status and present it if requested by the persons concerned.
3 The provision of paragraph 1 shall not be construed as having been made for purposes of crime detection.
CHAPTER VI Medical Treatment
(Advice on Establishment and Expansion of Tuberculosis Sanatorium)
Article 33. When the Minister of Welfare deems it necessary, he may advise To, Do, Fu or prefectures, cities and other local public bodies, when deemed necessary, to establish or expand a tuberculosis sanatorium.
(Medical Treatment of General Patients)
Article 34. To, Do, Fu or prefecture may, for the purpose of disseminating proper treatment of tuberculosis, bear one half of the expenses required by the tuberculous patients living in its area for the medical treatment prescribed by Ministerial Ordinance to be received at the hospitals or clinics specified in accordance with the provisions of Article 36 (hereinafter referred to as "the specified medical institution" ), upon the request of such patients or their caretakers. However, this shall not apply if such patients are the persons eligible for medical treatment under the provisions of the Undemobilized Person's Compensation Law (Law No.182 of 1947) or Law for Allowance to Special Non-Repatriates (Law No.279 of 1948).
2 The request mentioned in the preceding paragraph shall be made to the governor of To, Do, Fu or prefecture through the chief of a health center having jurisdiction over the place of residence of the patient concerned.
3 In making a decision upon the request mentioned in the preceding paragraph, the governor of To, Do, Fu or prefecture shall hear the opinion of the Tuberculosis Advisory Committee established in the health center concerned.
4 When 6 months have elapsed after the request mentioned in paragraph 1 was made, the bearing of the expenses based upon the said request shall be discontinued.
(Medical Treatment of Patients Subjected to Prohibition of Work or Compulsory Hospitalization)
Article 35. If, in cases where the governor of To, Do, Fu or prefecture has imposed prohibition in accordance with the provisions of Article 28 or has ordered to be hospitalized or caused to be hospitalized at sanatorium in accordance with the provisions of Article 29, the patients concerned are the persons amenable to the Daily Life Security Law or are considered as having difficulty in receiving medical treatment on account of economic circumstances, To, Do, Fu or prefecture may bear, in whole or in part, the expenses required by such patients for the medical treatment to be received at the specified medical institution. However, this shall not apply in cases where such patients are the persons eligible for medical treatment in accordance with the provisions of the Undemobilized Person's Compensation Law or Law for Allowance to Special Non-Repatriates.
(Specified Medical Institution)
Article 36. In the case of the hospitals or clinics established by the State, the Minister of Welfare specifies, with the consent of the competent Minister, and, in the case of the other hospitals or clinics, the governor of To, Do, Fu or prefecture specifies, with the consent of the persons who have established them, the institutions which are charged with the medical treatment provided for in the preceding two Articles.
2 The specified medical institution shall, as provided for by Ministerial Ordinance, give medical treatment kindly and carefully to the tuberculous patients whose expenses are borne by To, Do, Fu or prefecture in accordance with the provisions of the preceding two Articles.
3 The specified medical institution shall follow the guidance given by the governor of To, Do, Fu or prefecture as provided for by Ministerial Ordinance regarding the medical treatment provided for in the preceding two Articles.
4 The specified medical institution may decline the specification with an advance notice of not less than 30 days.
5 When the specified medical institution has violated the provisions of paragraph 2 or 3 or has come to be deemed inadequate for the medical treatment prescribed in the preceding two Article because of the change of its speciality of treatment, etc., the Minister of Welfare, in the case of a medical institution he has specified, or the governor of To, Do, Fu or prefecture, in the case of a medical institution he has specified, may cancel its specification.
6 The Minister of Welfare or the governor of To, Do, Fu or prefecture shall, in cases where he cancels specification in accordance with the provisions of the preceding paragraph, give an opportunity for explanation to the person who has established the specified medical institution concerned. In this case, the date and time and the place for explantion and the reason for such action shall be notified in writing in advance.
(Relations with Social Insurance and Daily Life Security)
Article 37. In cases where the tuberculous patients whose expenses are shared in accordance with the provisions of Article 34 paragraph 1 are the insured persons, workers, members or dependents (hereinafter referred to as "the insured persons, etc." ) under the provisions of the Health Insurance Law (Law No.70 of 1922), National Health Insurance Law (Law No.60 of 1938), Seamen's Insurance Law (Law No.73 of 1939), Workmen's Accident Compensation Insurance Law (Law No.50 of 1947), or National Public Service Mutual Aid Association Law (Law No.69 of 1948)(hereinafter referred to as "the social insurance laws" ), the insurers or mutual aid associations (hereinafter referred to as "the insurers, etc." ) are not required to pay such portion of the benefits payable in accordance with the provisions of the social insurance laws as is in excess of one half of the expenses necessary for their medical treatment.
2 When the tuberculous patients whose expenses are shared in accordance with the provisions of Article 34 paragraph 1 are the persons eligible for the medical treatment assistance under the provisions of the Daily Life Security Law, one half of the expenses necessary for their medical treatment shall be borne by To, Do, Fu or prefecture in accordance with the provisions of the same paragraph of the same Article, and the remainder thereof shall be subject to the same Law.
3 In cases where the patients provided for in Article 35 are the insured persons, etc. under the provisions of the social insurance laws, To, Do, Fu or prefecture shall not bear the expenses mentioned in the same Article to the extent of he benefits that the patients are entitled to receive in accordance wth the provisions of the social insurance laws.
(Request for Medical Fee)
Article 38. The specified medical institution will request To, Do, Fu or prefecture for such portion of the medical fee as is borne by To, Do, Fu or perfecture in accordance with the provisions of Article 34 paragraph 1 or Article 35.
2 To, Do, Fu or prefecture shall pay the portion of the medical fee mentioned in the preceding paragraph to the specified medical institution concerned.
3 To, Do, Fu or prefecture may entrust the business concerning the payment mentioned in the preceding paragraph to the Social Insurance Medical Fee Payment Fund or to the persons prescribed by Ministerial Ordinance.
(Standards for Medical Fee)
Article 39. The fee for the medical treatment provided for in Article 34 and Article 35 and furnished by the specified medical institutions shall follow the instances of the medical fee under the national health insurance (excluding such insurance operated by the Special National Health Insurance Association or by incorporated associations;hereinafter the same) in case it is practised in the cities, towns and villages (including the special ward;hereinafter the same) where the specified medical institutions are located or shall follow the instances of the medical fee under the health insurance in case the national health insurance is not practised in the cities, towns and villages where the specified medical institutions are located.
2 The medical fee in cases where it is impossible or inappropriate to follow the instances of the medical fee provided for in the preceding paragraph shall be as determined by the Minister of Welfare after making an inquiry at the Tuberculosis Control Advisory Council.
(Request by the Insurers, etc.)
Article 40. When the tuberculous patients are the insured persons, etc., the request mentioned in Article 34 paragraph 1 may be made by the insurers, in addition to the persons provided for in the same paragraph of the same Article.
(Exceptions in Cases of Urgency)
Article 41. To, Do, Fu or prefecture may, in cases where a tuberculous patient residing in its area has received the medical treatment prescribed by Ministerial Ordinance under the provisions of Article 34 paragraph 1 without making the request mentioned in the same paragraph of the same Article on account of urgent circumstances, pay him medical expenses equivalent to one half of the expenses required for such treatment upon the request of such patient or his caretaker, within the limit of one half of the amount of medical fee calculated according to the instances mentioned in Article 39.
2 The provisions of Article 34 paragraphs 2 and 3 shall apply mutatis mutandis to the request mentioned in the preceding paragraph.
3 The medical expenses mentioned in paragraph 1 shall be paid only in cases where the medical treatment is considered to have been necessary at the time when the patient received it.
4 The provisions of Article 37 paragraph 1 shall apply mutatis mutandis in cases where the persons who receive the payment of the medical expenses mentioned in paragraph 1 are the insured persons under the provisions of the social insurance laws.
(Request for Report, and Inspection)
Article 42. When the governor of To, Do, Fu or prefecture deems it necessary for the proper payment of the expenses provided for in Article 34 paragraph 1 and Article 35, he may request the superintendent of the specified medical institution for necessary report or may cause the officials concerned to conduct spot inspection of the patients'records and other books and papers of the specified medical institution with the consent of its superintendent.
2 When the specified medical institution has not complied with the request for report mentioned in the preceding paragraph or has submitted a false report, or has refused to give the consent mentioned in the said paragraph without valid reason, To, Do, Fu or prefecture may temporarily suspend the payment of the medical fee to such specified medical institution.
(Delegation to Ministerial Ordinance)
Article 43. Other than those provided for by this Law, necessary matters concerning the sharing of the expenses provided for in this Chapter, such as the procedure for the request mentioned in Article 34 paragraph 1 and Article 35, request for and payment of the medical fee mentioned in Article 38 and the procedure for the entrusting of such business, etc. shall be prescribed by Ministerial Ordinance.
CHAPTER VII Tuberculosis Control Advisory Council and Tuberculosis Advisory Committee
(Tuberculosis Control Advisory Council)
Article 44. There shall be established a Tuberculosis Control Advisory Council under the supervision of the Minister of Welfare to be caused to study and deliberate on important matters concerning the prevention and control of tuberculosis and the medical treatment of the tuberculous patients in response to inquiry by the Minister of Welfare.
2 The Tuberculosis Control Advisory Council may submit its opinion to the Ministers concerned.
(Members)
Article 45. The Tuberculosis Control Advisory Council shall consist of not more than thirty members.
2 There may be appointed temporary members in the Tuberculosis Control Advisory Council when it is necessary for the study and deliberation of special matters.
3 The members and temporary members shall be appointed by the Minister of Welfare from among the personnel of the administrative agencies concerned, persons who are engaged in the work relating to the prevention and control or tuberculosis, medical treatment or protection of tuberculous patients, and persons of learning and experience.
4 A person selected by mutual election of the members shall preside over the business as chairman.
5 The membership and temporary membership shall be in part-time service.
6 The term of office of the members (excluding the members appointed from among the personnel of the administrative agencies concerned) shall be two years.
(General Affairs)
Article 46. The general affairs of the Tuberculosis Control Advisory Council shall be administered by the Public Sanitation Bureau of the Ministry of Welfare.
(Functioning)
Article 47. Other than those provided for by this Law, the proceedings and other matters necessary for the functioning of the Tuberculosis Control Advisory Council shall be prescribed by the Tuberculosis Control Advisory Council.
(Tuberculosis Advisory Committee)
Article 48. There shall be established in each health center a Tuberculosis Advisory Committee to be caused to deliberate on necessary matters concerning the request mentioned in Article 34 paragraph 1 in response to the inquiry by the governor of To, Do, Fu or prefecture.
2 The Tuberculosis Advisory Committee shall be under the supervision of the governor of To, Do, Fu or prefecture.
(Members)
Article 49. The Tuberculosis Advisory Committee shall consist of five members.
2 The members shall be appointed by the governor of To, Do, Fu or prefecture from among the personnel of the administrative agencies concerned, persons who are engaged in the work relating to the prevention and control of tuberculosis and medical treatment of tuberculous patients.
3 The membership shall be in part-time service.
4 The term of office of the members (excluding members appointed from among the personnel of the administrative agencies concerned) shall be two years.
5 The provision of Article 203 of the Local Autonomy Law (Law No.67 of 1947) shall apply mutatis mutandis to the compensation for the members.
(Delegation to Cabinet Order)
Article 50. Other than those provided for by this Law, proceedings and other matters necessary for the functioning of the Tuberculosis Advisory Committee shall be prescribed by Cabinet Order.
CHAPTER VIII Expenditures
(Expenses to be Defrayed by To, Do Fu or Prefecture)
Article 51. To, Do, Fu or prefecture shall defray the following expenses:
(1) The expense for the routine health examination conducted in accordance with the provision of Article 4 paragraph 1 by the employer of the enterprise it operates or the head of a school or institution it has established;
(2) The expense for the extra health examination conducted in accordance with the provision of Article 5 by the governor of To, Do, Fu or prefecture;
(3) The expense for the tuberculin test and routine preventive inoculation conducted in accordance with the provision of Article 13 paragraph 1 or paragraph 2 by the employer of the enterprise it operates or the head of a school or institution it has established;
(4) The expense for the tuberculin test and extra preventive inoculation conducted in accordance with the provision of Article 14 by the governor of To, Do, Fu or prefecture;
(5) The expense for the measures which the governor of To, Do, Fu or prefecture has caused the officials concerned to take in accordance with the provision of Article 30 or Article 31 paragraph 1;
(6) The expense for the compensation of the loss in accordance with the provision of Article 31 paragraph 2;
(7) The expense it bears in accordance with the provision of Article 34 paragraph 1;
(8) The expense it bears in accordance with the provision of Article 35;
(9) The expense for the payment of the medical expenses under the provision of Article 41 paragraph 1.
(Expense to be Defrayed by City, Town, or Village)
Article 52. A city, town, or village shall defray the following expenses:
(1) The expense for the routine health examination conducted in accordance with the provision of Article 4 paragraph 1 by the employer of the enterprise it operates or the head of a school or institution it has established;
(2) The expense for the routine health examination conducted in accordance with the provision of Article 44 paragraph 3 by the mayor of a city, town, or village;
(3) The expense for the tuberculin test and routine preventive inoculation conducted in accordance with the provision of Article 13 paragraph 1 or paragraph 2 by the employer of the enterprise it operates or the head of a school or institution it has established;
(4) The expense for the tuberculin test and routine preventive inoculation conducted in accordance with the provision of Article 13 by the mayor of a city, town, or village.
(Exceptions concerning To)
Article 53. In the areas of To where the wards exist, the following expenses shall be defrayed by To, regardless of the provisions of the preceding Article:
(1) The expense for the routine health examination conducted in accordance with the provisions of Article 44 paragraph 3 by the chief of a health center;
(2) The expense for the tuberculin test and routine preventive inoculation conducted in accordance with the provision of Article 13 by the chief of a health center.
(Expense to be Defrayed by Proprietors of Enterprise)
Article 54. The proprietors of enterprises (excluding those operated by the State, To, Do, Fu or prefecture or a city, town, or village) shall defray the following expenses:
(1) The expense for the routine health examination conducted in accordance with the provision of Article 4 paragraph 1 by the employers of enterprises;
(2) The expense for the tuberculin test and routine preventive inoculation conducted in accordance with the provisions of Article 13 paragraph 1 or paragraph 2 by the employer of an enterprise.
(The Expense to be Defrayed by Persons who Have Established Schools or Institutions)
Article 55. Persons who have established schools or institutions (excluding schools or institutions established by the State, To, Do, Fu or prefecture, or a city, town or village) shall defray the following expenses:
(1) The expense for the routine health examination conducted in accordance with the provision of Article 4 paragraph 1 by the head of a school or institution;
(2) The expense for the tuberculin test and routine preventive inoculation conducted in accordance with the provision of Article 13 paragraph 1 or paragraph 2 by the head of a school or institution.
(Subsidy by To, Do, Fu or Prefecture)
Article 56. To, Do, Fu or prefecture shall subsidize two-thirds of the following expenses as prescribed by Cabinet Order:
(1) The expense under the items of Article 52 (excluding the expenses for the health examination conducted by the employer of the enterprise operated by a city, town, or village);
(2) The expense under Article 54 item 2;
(3) The expense under the items of the preceding Article.
(Subsidy by the National Treasury)
Article 57. The National Treasury shall subsidize one half of the following expenses as prescribed by Cabinet Order:
(1) The expense for the establishment, expansion, and operation of a sanatorium advised by the Minister of Welfare to To, Do, Fu or prefecture, a city, or other local public body in accordance with the provision of Article 33;
(2) The expense under the items of Article 51 (excluding the expenses for the health examination conducted by the employer of the enterprise operated by To, Do, Fu or prefecture);
(3) The expense subsidized by To, Do, Fu or prefecture in accordance with the provision of the preceding Article.
Article 58. The National Treasury shall subsidize one-third of the expenses under the items of Article 53 as prescribed by Cabinet Order.
Article 59. The National Treasury may subsidize To, Do, Fu and prefecture or cities, towns and villages one half of the expenses required for the establishment, expansion and operation of sanatorium they may establish as prescribed by Cabinet Order (excluding those which the Minister of Welfare advises to be established or expanded in accordance with the provisions of Article 33).
Article 60. The National Treasury may subsidize non-commercial juridical persons establishing sanatoriums not more than one half of the expenses required for their establishment, expansion, and operation, as prescribed by Cabinet Order.
(Collection of Actual Cost)
Article 61. The executor of the health examination (excluding the employers) or the executor of preventive inoculation may, in cases where he has conducted health examination, tuberculin test or preventive inoculation in accordance with the provisions of this Law, collect actual cost from the persons who have been given such health examination, tuberculin test, or preventive inoculation, or their caretakers, (excluding those persons who are regarded as having received the health examination, the tuberculin test or the preventive inoculation under the provisions of Article 8 or Article 17 paragraph 1). However, this shall not apply in cases where such persons are considered as having difficulty in bearing the cost in whole or in part on account of economic circumstances.
CHAPTER IX Penal Provisions
Article 62. When the persons who have participated in the execution of the health examinations, tuberculin tests, or preventive inoculation under the provisions of this Law, or members of the Tuberculosis Advisory Committee or the persons who have held a membership, have divulged, without valid reasons, the confidential matters of the physician in the execution of his duty, or any physical or mental defect orother facts of confidential nature of the individuals that have come to their knowledge in connection with their official duty, they shall be liable to imprisonment not exceeding one year or a fine not exceeding 30,000 yen.
Article 63. Those who come under any of the following items shall be liable to a fine not exceeding 10,000 yen:
(1) Those who have violated the provision of Article 7 paragraph 2 of Article 16 paragraph 2;
(2) The physicians who have neglected to make the report provided for in Article 22 paragraph 1;
(3) The physicians who have violated the provision of Article 26 or Article 27;
(4) Those who have not complied with the order of the governor of To, Do, Fu or prefecture provided for in Article 28 paragraph 1, Article 30, or Article 31 paragraph 1;
(5) Those who have refused, obstructed, or evaded the execution of the duty of the officials concerned provided for in Article 30 to Article 32 inclusive;
(6) Those who made a false reply to the inquiry of the officials concerned provided for in Article 32 paragraph 1;
(7) Those who have violated the provision of the next Article in connection with the health examination provided for in Article 5 or the tuberculin test or preventive inoculation provided for in Article 14.
CHAPTER X Miscellaneous Provisions
(Duty of Caretakers)
Article 64. If the persons amenable to health examination, tuberculin test, or preventive inoculation in accordance with the provisions of this Law are under 16 years of age or quasi-incompetent, their caretakers shall take necessary measures to see that they are given health examination, tuberculin test, or preventive inoculation.
(Substitute Execution)
Article 65. The governor of To, Do, Fu or prefecture may, when he finds that the employers of enterprises (excluding those operated by the State, To, Do, Fu or prefecture, or the cities which establish the health center), or the heads of schools or institutions (excluding those which have been established by the State, To, Do, Fu or prefecture, or the cities which establish the health center) have failed to conduct, or have conducted inadequately, the health examination prescribed in Article 4 paragraph 1 or the tuberculin test prescribed in Article 13 paragraph 2 or the preventive inoculation prescribed in paragraph 2 or paragraph 3 of the same Article, conduct on his own accord health examination, tuberculin test, or preventive inoculation and collect the cost from the proprietors of the enterprises concerned, following the instances under the Law for Administrative Execution by Proxy (Law No.43 of 1948).
2 The governor of To, Do, Fu or prefecture may, when he has conducted health examination or tuberculin test in accordance with the provisions of the preceding paragraph, further conduct preventive inoculation and, in conducting preventive inoculation, conduct tuberculin test in advance and collect the cost from the employers of the enterprises concerned or the persons who have established the schools or institutions concerned.
(Consultation with Other Administrative Agencies)
Article 66. The chief of a health center shall consult with the chief of a local labor standard office beforehand when he intends to instruct according to the provision of Article 4 paragraph 2 the employer of the enterprise amenable to the Labor Standard Law.
2 The chief of a health center shall notify the matters to be instructed to the Board of Education instead of the instruction mentioned in Article 4 paragraph 2, in regard to the schools under the jurisdiction of a Board of Education.
3 The Board of Education shall, when the notification mentioned in the preceding paragraph has been made, instruct the necessary matters to the school concerned.
4 The governor of To, Do, Fu or prefecture shall, in conducting health examination, tuberculin test, or preventive inoculation in accordance with the provisions of Article 5, Article 14, or the preceding Article principally for the persons working in the enterprises amenable to the Labor Standard Law, or the employees, students, pupils, children or infants of schools, consult in advance with the chief of the labor standard bureau having jurisdiction, over the location of the enterprise concerned or the administrative agency having jurisdiction over the school concerned.
(Appeal)
Article 67. A person who is dissatisfied with the order of the governor of To, Do, Fu or prefecture under the provisions of Articles 28 to 31 inclusive may appeal to the Minister of Welfare.
(Cities Establishing Health Center)
Article 68. For the cities which establish the health center, "governor of To, Do, Fu or prefecture" in Article 5, Article 14, Article 30, Article 31 paragraphs 1, 3 and 4, Article 32 paragraph 1, Article 34 paragraphs 2 and 3, Article 42 paragraph 1, Article 48 paragraphs 1 and 2, Article 49 paragraph 2, Article 51 items (2), (4) and (5), Article 63 item (4), Article 65, Article 66 paragraph 4, and the preceding Article shall read "mayor" , and "To, Do, Fu or prefecture" in Article 31 paragraph 2, Article 34 paragraph 1, Article 36 paragraph 2, Article 37 paragraph 2, Article 38, Article 41 paragraph 1, and Article 42 paragraph 2, and Article 51 shall read "the city" . However, in regard to Article 51, "To, Do, Fu or prefecture" shall read "the city" only in item (2), items (4) to (7) inclusive, and item (9).
Supplementary Provisions:
(Date of Enforcement)
1 This Law shall come into force as from April 1, 1951. However, the provisions of Article 34 and Article 35 shall come into force as from October 1, 1951.
(Abolition of the Previous Tuberculosis Prevention Law)
2 The Tuberculosis Prevention Law (Law No.26 of 1919)(hereinafter referred to as "the previous Law" ) shall be abolished.
(Partial Amendment of Regulation of Reporting of Infectious Diseases)
3 The Regulation of Reporting of Infectious Diseases (Ministry of Welfare Ordinance No.5 of 1947) shall be partially amended as follows:
Article 1 item (12) shall be amended as follows:
(12) Deleted.
In Article 5, "Tuberculosis" and "Tuberculosis Prevention Law" shall be deleted.
(Partial Amendment of Preventive Vaccination Law)
4 The Preventive Vaccination Law (Law No.68 of 1948) shall be partially amended as follows:
Article 2 paragraph 2 item (6) shall be amended as follows:
(6) Deleted.
Article 14 shall be amended as follows:
Article 14. Deleted.
In Article 18, "Those who are ill of tuberculosis or who are tuberculin positive and defined by the Ministerial Ordinance" shall be deleted.
(Interim Provision concerning Report)
5 The report made in accordance with the provision of Article 1 of the previous Law or of Article 1 paragraph 1 item (12) of the Regulation of the Reporting of Infectious Diseases shall be regarded as the report made in accordance with the provision of Article 22.
(Interim Provision concerning Prohibition of Work)
6 The tuberculous patients who are prohibited from engaging in occupation in accordance with the provision of Article 4 paragraph 1 item (2) of the previous Law at the time of the enforcement of this Law shall be considered as being so prohibited in accordance with the provision of Article 28.
(Interim Provision concerning Penal Provisions)
7 The application of penal provisions to the acts committed before the enforcement of this Law shall still follow the former instances.
(Partial Amendment of Social Insurance Medical Fee Payment Fund Law)
8 The Social Insurance Medical Fee Payment Fund Law (Law No.129 of 1948) shall be partially amended as follows:
In Article 13 paragraph 2, "may state its opinion" shall be amended as "may state its opinion and, if entrusted with the business of payment of the medical fee to the specified medical institution in accordance with the provisions of Article 38 paragraph 3 of the Tuberculosis Control Law (Law No.96 of 1951), perform the business necessary for such payment," and in paragraph 3 of the same Article, "or the mayor of the city which establishes the health center" shall be added next to "in the case of the governor of To, Do, Fu or prefecture" .
In Article 14 paragraph 2, "not more than seven" shall be amended as "not more than nine" .
(Partial Amendment of Ministry of Welfare Establishment Law)
9 The Ministry of Welfare Establishment Law (Law No.151 of 1949) shall be partially amended as follows:
The following one paragraph shall be added next to the paragraph of the Nutritionists Examination Appeals Committee in the table of Article 29:
Tuberculosis Control Advisory Council
To study and deliberate on important matters concerning the prevention and control of tuberculosis and the medical treatment of tuberculous patients, in response to the inquiry by the Minister of Welfare.
Prime Minister YOSHIDA Shigeru
Attorney-General OHASHI Takeo
Minister for Foreign Affairs YOSHIDA Shigeru
Minister of Finance IKEDA Hayato
Minister of Education AMANO Teiyu
Minister of Welfare KUROKAWA Takeo
Minister of Agriculture and Forestry HIROKAWA Kozen
Minister of International Trade and Industry YOKOO Shigemi
Minister of Transportation YAMAZAKI Takeshi
Minister of Postal Services TAMURA Bunkichi
Minister of Telecommunications TAMURA Bunkichi
Minister of Labor HORI Shigeru
Minister of Construction MASUDA Kaneshichi
President of Economic Stabilization Board YOSHIDA Shigeru