Law for Partial Amendments to the Ministry of Welfare Establishment Law, etc. for Adjustment, etc. of Councils
法令番号: 法律第174号
公布年月日: 昭和26年6月1日
法令の形式: 法律

審議経過

I hereby promulgate the Law for partial Amendments to the Ministry of Welfare Establishment Law, etc. for Adjustment, etc. of Councils.
Signed:HIROHITO, Seal of the Emperor
This first day of the sixth month of the twenty-sixth year of Showa (June 1, 1951)
Prime Ministe　YOSHIDA Shigeru
Law No.174
Law for Partial Amendments to the Ministry of Welfare Establishment Law, etc. for Adjustment, etc. of Councils
Article 1.　The Ministry of Welfare Establishment Law (Law No.151 of 1949) shall be partially amended as follows:
In Article 5 item (43), "To exercise supervision over national examinations for pharmacists and execute licensing and registration of pharmacists" shall be amended as'To perform examination, licensing and registration of pharmacists ";and in item (45) of the same Article," according to the recommendation submitted by the National Committee of Pharmacy "shall be amended as" hearing the opinion of the National Council of Pharmacy".
In Article 15,"
Institute of Public Health
"shall be amended as"
Institute of Public Health
National Institute of Mental Hygiene
"and;next to Article 17, the following one Article shall be added:
(National Institute of Mental Hygiene)
Article 17-(2).　The National Institute of Mental Hygiene shall be an organ which takes charge of the investigation and research concerning mental hygiene.
2　The National Institute of Mental Hygiene shall be established in Chiba Prefecture.
3　The internal organization of the National Institute of Mental Hygiene shall be provided for by Ministry of Welfare Ordinance.
In the table under Article 29 paragraph 1,
"The Central Food Sanitation Research Council
To make research and deliberation on food sanitation and administration of food sanitation in response to the request of the Minister of Welfare."
shall be amended as
"The Food Sanitation Investigation Council
To make investigation and deliberation on important matters concerning food sanitation, in response to the request of the Minister of Welfare".;
and
"The Medical Practitioners Examination Council
To make research and deliberation, in response to the request of the Minister of Welfare, on important matters on the national examination for medical practitioners and to take charge of the affairs concerning the national examination and the preliminary examination of the national examination for medical practitioners.
The Dentists Examination Council
To make research and deliberation, in response to the request of the Minister of Welfare, on important matters on the national examination for dentists and to take charge of the affairs concerning the national examination and the preliminary examination of the national examination for dentists."
shall be amended as
"The Medical Practitioners Examination Council
To make research and deliberation, in response to the request of the Minister of Welfare, on important matters concerning the national examination for medical practitioners and the internship provided for in Article 11 of the Medical Practitioners Law (Law No.201 of 1948), and to take charge of affairs concerning the national examination and the preliminary examination of the national examination for medical practitioners.
The Dentists Examination Council
To make research and deliberation, in response to the request of the Minister of Welfare, on important matters concerning the national examination for dentists and the internship provided for in Article 11 of the Dentists Law (Law No.202 of 1948), and to take charge of affairs concerning the national examination and the preliminary examination of the national examination for dentists.";
and the part concerning the Council on Internship for Medical Practitioners and Dentists and the Council on Liquidation of Japan Medical Treatment Corporation shall be deleted;and
"The National Committee of Pharmacy
To submit its original draft to the Minister of Welfare concerning revision of official compendiums of their supplements, to conduct national examination for pharmacists, to make recommendation to the Minister of Welfare concerning new medical drugs and other pharmaceutical affairs, to conduct re-examination for cancellation of licence or registration, or for suspension of professional practices, and to make recommendation to the Minister of Welfare concerning the matters provided for by the Law for Control of Poisonous and Powerful Agents (Law No.303 of 1950)."
shall be amended as
"The National Committee of Pharmacy
To make research and deliberation, in response to the request of the Minister of Welfare, on important matters concerning pharmaceutical affairs and the control of poisonous and powerful agents.
The Phamacists Examination Council
To make research and deliberation on important matters concerning the national examination for pharmacists and to take charge of affairs concerning the national examination for pharmacists, in response to the request of the Minister of Welfare
."
Article 2.　The Eugenic Protection Law (Law No.156 of 1948) shall be partially amended as follows:
In Article 18 paragraph 1, "thirty" shall be amended as "twenty five" .
Article 3.　The Food Sanitation Law (Law No.233 of 1947) shall be partially amended as follows:
Article 25 paragraph 1 shall be amended as follows:
The Food Sanitation Investigation Council shall be established under the supervision of the Minister of Welfare, to investigate and deliberate (on the important matters on food sanitation, in response to the inquiries of the Minister of Welfare.
Article 25 paragraph 4 shall be amended as follows:
The Food Sanitation Investigation Council shall be organized with members not exceeding 50 persons.
In Article 25 paragraph 6, "the Central Food Sanitation Investigation Council or the Local Food Sanitation Investigation Council" shall be amended as "the Food Sanitation Investigation Council" ;and "shall be appointed by the Minister of Welfare, a governor of To, Do, Fu or prefecture or a mayor of the city which shall establish a health center" shall be amended as "shall be appointed by the Minister of Welfare" ;in paragraph 9 of the same Article, "the preceding eight paragraphs" shall be amended as "the preceding six paragraphs" ;and paragraphs 2 and 3 of the same Article shall be deleted.
Article 4.　The Medical Practitioners Law shall be partially amended as follows:
In Article 26, "on the national examination for medical practitioners" shall be amended as "on the national examination for medical practitioners and the internship provided for in Article 11" .
Article 27 to Article 29 inclusive shall be amended as follows:
Article 27 to Article 29 inclusive.　Deleted.
Article 5.　The Dentists Law shall be partially amended as follows:
In Article 24, "on the national examination for dentists" shall be amended as "on the national examination for dentists and the internship provided for in Article 11" .
Article 6.　The Law regarding Dissolution and Liquidation of Medical Association, Dental Association and Japan Medical Treatment Corporation (Law No.128 of 1947) shall be partially amended as follows:
Article 14 paragraph 2 and Article 15 paragraph 2 shall be deleted.
In Article 21, "rules concerning the Control Committee for Liquidation of Japan Medical Treatment Corporation" shall be. deleted.
Article 7.　The Pharmaceutical Affairs Law (Law No.197 of 1948) shall be partially amended as follows:
"Chapter III. National Council on Pharmacy" shall be deleted;and Articles 7 to 12 inclusive shall be amended as follows:
(National Examination for Pharmacists)
Article 7.　The national examination for pharmacists shall be given concerning the knowledge and skill with which a pharmacist should be equipped.
2　The national examination for pharmacists shall be divided into theoretical examination and practical examination.
3　Any one who has failed to pass the theoretical examination shall not be qualified to take the practical examination.
Article 8.　The national examination for pharmacists shall be given at least once annually by the Minister of Welfare.
2　The date when and the place where the National examination for pharmacists is to be held shall be notified with the Official Gazette, in advance.
Article 9.　Any one who does not come under any of the following items shall not be allowed to take the national examination for pharmacists:
(1)　A person who has completed the regular course of pharmacy in an university;
(2)　A person who has obtained a license of pharmacist in any of the foreign countries designated by the Minister of Welfare, and who does not come under Article 3 paragraph 2 item (2);
(3)　A person who has graduated from a foreign pharmaceutical school, or who has obtained a license of pharmacist in any of the foreign countries other than those designated by the Minister of Welfare.
Article 10.　Any person who wishes to take the theoretical examination shall pay 500 yen and any person who wishes to take the practical examination shall pay 1,000 yen as fee.
2　The fee paid in accordance with the provision of the preceding paragraph shall not be returned even in case of not taking the examination.
Article 11.　When there is any unjust deed concerning the national examination for pharmacists, the same examination may, with respect to the person who has been involved in the unjust deed, be suspended or invalidated. In this case, the permission to take the examination may not be given to him for a fixed term.
Article 12.　Other than those provided for by this Law, the subjects of examination, procedure of taking examination and other necessary matters concerning examination shall be fixed by Ministerial Ordinance.
Next to Article 12, "Chapter IV. Council" shall be added as a name of chapter, and Article 13 to Article 19 inclusive shall be amended as follows:
(National Council of Pharmacy)
Article 13.　The National Council of Pharmacy shall be established under the supervision of the Minister of Welfare to make investigation and deliberation on important matters concerning pharmaceutical affairs (excluding those concerning the national examination for pharmacists) and the control of poisonous and powerful agents, in response to the request of the Minister of Welfare.
(Pharmacists Examination Council)
Article 14.　The Pharmacists Examination Council shall be established under the supervision of the Minister of Welfare to make investigation and deliberation on important matters concerning the national examination for pharmacists and to take charge of administrative affairs concerning the national examination for pharmacists, in response to the request of the Minister of Welfare.
(Organization of Council)
Article 15.　The National Council of Pharmacy shall be composed of members not exceeding 50 persons, and the Pharmacists Examination Council shall be composed of members not exceeding 30 persons.
2　When it is temporarily necessary for making investigation and deliberation on special matters or for taking charge of administrative affairs concerning the national examination for pharmacists, temporary members may be appointed in the National Council of Pharmacy or the Pharmacists Examination Council respectively.
3　The members of the National Council of Pharmacy and the Pharmacists Examination Council (hereinafter referred to as the "Councils" ) shall be appointed by the Minister of Welfare from among the personnel of the administrative organs concerned and persons of learning and experience concerning pharmaceutical affairs or poisonous and powerful agents.
4　In the Council, a person who has been elected by the mutual vote of the members shall preside over the affairs of the Council as the chairman.
5　The members and temporary members of the Councils shall serve part-time.
6　The term of office of the members of the Councils (excluding the members appointed from among the personnel of the administrative organs concerned) shall be two years. However, the term of office of the member who fills a vacancy in the membership shall be the unexpired portion of that of his predecessor.
(Business Affairs of the Councils)
Article 16.　The business affairs of the Councils shall be handled by the Pharmaceutical Affairs Bureau of the Ministry of Welfare.
(Delegation to Cabinet Order)
Article 17.　Other than those provided for by this Law, the procedure of proceedings and other necessary matters concerning the administration of the Councils shall be fixed by Cabinet Order.
Article 18 and Article 19.　Deleted.
Article 26 paragraph 4 shall be deleted.
In Article 30 paragraph 1, "upon receipt of the original draft from the National Council of Pharmacy" shall be amended as "after hearing the opinion of the National Council of Pharmacy" ;and paragraph 2 of the same Article shall be made paragraph 3, and next to paragraph 1, the following one paragraph shall be added:
2　The Minister of Welfare shall hear the opinion of the National Council of Pharmacy in connection with the revision of the official Japanese Pharmacopoeia every ten years at the longest, and in connection with its supplements every two years and a half at the longest.
In Article 32 paragraph 5, "on the basis of the recommendation of the National Committee of Pharmacy" shall be amended as "after hearing the opinion of the National Council of Pharmacy" .
Article 46 paragraphs 4 and 5 shall be deleted;and next to the same Article, the following one Article shall be added:
(Hearing)
Article 46-(2).　The Minister of Welfare or the governor of To, Do, Fu or prefecture shall, when he intends to cancel the license or registration or to order the suspension of business in accordance with the provision of paragraph 2 or paragraph 3 of the preceding Article, ask in advance the preson to whom such disposal is to be made or his proxy to appear and conduct a hearing open to public.
2　In the case of the preceding paragraph, the Minister of Welfare or the governor of To, Do, Fu or prefecture shall notify the reasons for the proposed disposal and the date and place of the hearing one week before the date to the person to whom the disposal is to be made, and give public notice on the date and place of the hearing.
3　In the case of hearing, the person to whom the notice under the preceding paragraph has been given or his proxy may make explanations for himself or for the principal and submit evidence.
4　The Minister of Welfare or the governor of To, Do, Fu or prefecture may make the disposal in accordance with the provision of paragraph 2 or paragraph 3 of the preceding Article without hearing, when the person to whom such disposal is to be made or his proxy does not come without due reason.
In Article 52, "on the basis of the recommendation made by the National Council of Pharmacy" shall be amended as "after hearing the opinion of the National Council of Pharmacy" .
In Article 74 paragraph 2, "Article 14 item (1)" shall be amended as "Article 9 item (1)" .
Article 8.　The Law for Establishment of Social Insurance Council, Social Insurance Medical Treatment Council, Social Insurance Referee and Social Insurance Appeals Committee (Law No.47 of 19 50) shall be partially amended as follows:
In Article 25 paragraph 1, "three years" shall be amended as "two years" ;and "one-third" shall be amended as "one-half" .
Supplementary Provisions:
1　This Law shall come into force as from the day of its promulgation. However, the provision concerning the Mental Hygiene Research Institute under Article 1 shall come into force as from January 1, 1952.
2　The national examination for pharmacists given by the National Committee of Pharmacy before the enforcement of this Law, under the provisions of the Pharmaceutical Affairs Law before the amendment by this Law shall be deemed to have been given by the Minister of Welfare under the provisions of the Pharmaceutical Affairs Law after the amendment by this Law.
3　The disposals made under the provision of Article 46 paragraph 2 or paragraph 3 of the Pharmaceutical Affairs Law within 30 days before the enforcement of this Law shall be made according to the former instances after the enforcement of this Law, and the National Committee of Pharmacy under the provisions of Pharmaceutical Affairs Law before the amendment by this Law shall be deemed to still exist within its limit.
4　Among the members of the Social Insurance Appeals Committee the term of office of whom was decided to be two years in accordance with the provision of paragraph 10 of the Supplementary Provisions of the Law for Establishment of Social Insurance Council, Social Insurance Medical Treatment Council, Social Insurance Referee and Social Insurance Appeals Committee, the term of office of half of those who shall be designated by the Minister of Welfare shall be amended as one year, and the term of office of the members of the Social Insurance Appeals Committee the term of office of whom was decided to be three years in accordance with the same paragraph shall be amended as two years.
Minister of Welfare, pro tempore　Minister of State　HORI Shigeru
Prime Minister　YOSHIDA Shigeru