Law for Medical X-ray Technician
法令番号: 法律第226号
公布年月日: 昭和26年6月11日
法令の形式: 法律
I hereby promulgate the Law for Medical X-ray Technician.
Signed:HIROHITO, Seal of the Emperor
This eleventh day of the sixth month of the twenty-sixth year of Showa (June 11, 1951)
Prime Minister YOSHIDA Shigeru
Law No.226
Law for Medical X-ray Technician
Contents
Chapter I General Provisions(Articles 1·2)
Chapter II License, List of Medical X-ray Technicians and Registration(Articles 3-16)
Chapter III Examination of Medical X-ray Technician(Articles 17-23)
Chapter IV Professional Practice(Articles 24-27)
Supplementary Provisions
CHAPTER I General Provisions
(Purpose of this Law)
Article 1. The purpose of this Law is to fix the qualification of the person who engages in the X-ray application used for medical treatment as well as to regulate so that the professional practice thereof may be worked adequately.
(Definition)
Article 2. "Medical X-ray technician" in this Law means the person who has been licensed by the governor of To, Do, Fu or prefecture and practices as a profession the application of X-ray to human body (including photographing, hereinafter the same) under the direction of a medical practitioner or a dentist.
CHAPTER II License, List of Medical X-ray Technicians and Registration
(License)
Article 3. Any person who wants to be a medical X-ray technician must pass the examination of medical X-ray technician and be licensed by the governor of To, Do, Fu or prefecture.
2 Any one who has obtained the license based on false or untrue facts shall be liable to a penal servitude not exceeding one year or a fine not exceeding 10,000 yen.
(Unconditional Cause of Disqualification)
Article 4. The license shall not be given to these who come under any one of the following items:
(1) Mentally disordered persons;
(2) Deaf, dumb or blind.
(Conditional Cause of Disqualification)
Article 5. The license may not be given to those who come under any one of the following items:
(1) Those who are suffering from infectious disease;
(2) Those who have committed crime or done wrong deed concerning the practice of medical X-ray technician.
(Registration)
Article 6. The license shall be given by registering on a List of Medical X-ray Technician.
(List of Medical X-ray Technician)
Article 7. A List of Medical X-ray Technicians shall be prepared in the To, Do, Fu or prefecture, and their full name, the name of To, Do, Fu or prefecture of the place of permanent residence (name of nationality in the case of the persons who have not the Japanese nationality), date of registration and other matters concerning the license fixed by Ministerial Ordinance shall be registered thereon.
(Certificate of License)
Article 8. In case the governor of To, Do, Fu or prefecture has given the license, he shall give the certificate of license.
2 The governor of To, Do, Fu or prefecture may redeliver the certificate of license, upon the application therefor to the person who lost or damaged the certificate of license.
3 The person who, after he had the certificate of license redelivered in accordance with the provision of the preceding paragraph, have found the lost certificate of license, shall present the old one to the governor of To, Do, Fu or prefecture of the place of his residence, within ten days.
(Cancel of License, Suspension of Professional Practice)
Article 9. In case a medical X-ray technician comes under any one of the items of Article 4 (Unconditional Cause of Disqualification), the governor of To, Do, Fu or prefecture shall cancel his license.
2 In case a medical X-ray technician comes under any one of the items of Article 5 (Conditional Cause of Disqualification), the governor of To, Do, Fu or prefecture may cancel the license or suspend the professional practice for a fixed term.
3 The license may be redelivered to those, whose license has been canceled under the provisions of the preceding two paragraphs, when his disease is cured or when he shows sincere repentance.
4 Those who have practiced the profession violating the disposition of suspension of professional practice under paragraph 2 shall be liable to a fine not exceeding 10,000 yen.
(Public Hearing)
Article 10. In case the governor of To, Do, Fu or prefecture intends to make the disposition provided for in paragraph 1 or paragraph 2 of the preceding Article, he shall give the person who is to undergo the disposition concerned two weeks'previous notice of the reason for the disposition as well as the date and place of the public hearing and hold a public hearing requesting the attendance of the person concerned or his representative.
2 At the public hearing, the person who is to undergo the disposition concerned or his representative may give explanations on behalf of himself or of the principal and produce profitable evidence.
3 The governor of To, Do, Fu or prefecture may make the disposition provided for in paragraph 1 or paragraph 2 of the preceding Article without holding a public hearing, if the person who is to undergo the disposition concerned or his representative fails to attend the public hearing without justifiable reason for his absence.
(Return of Certificate of License)
Article 11. Those who have been canceled the license shall return the certificate of license within ten (10) days to the governor of To, Do, Fu or prefecture of the place of their residence.
2 Any one who has violated the provision of the preceding paragraph shall be liable to a non-penal fine not exceeding 5,000 yen.
(Presentation of Certificate of License)
Article 12. In case a medical X-ray technician has been punished with the suspension of professional practice, he shall present the certificate of license within ten (10) days to the governor of To, Do, Fu or prefecture.
2 Those who have violated the provision of the preceding paragraph shall be liable to a fine not exceeding 5,000 yen.
(Report on Change of Name, etc.)
Article 13. The medical X-ray technician shall, in case he has changed his name or place of permanent residence (the name of nationality in the case of the person who has not Japanese nationality), report thereon within 30 days, to the governor of To, Do, Fu or prefecture together with the certificate of license, the copy or abstruct of the census register (in the case of the person who has not Japanese nationality, the document certifying the nationality after the change).
2 In the case of the preceding paragraph, the certificate of license shall be re-written and granted, after the list of medical X-ray technicians be corrected.
3 Those who have violated the provision of paragraph 1 shall be liable to a non-penal fine not exceeding 3,000 yen.
(Report on the Change of Place of Residence)
Article 14. The medical X-ray technician shall, in case he changes his residence, report within 10 days the former and the new residence to the governor of To, Do, Fu or prefecture of the former place of residence as well as of the new place of residence.
2 In case a medical X-ray technician wants to transfer his residence to any place outside of the range of the enforcement of this Law, he shall previously notify the governor of To, Do, Fu or prefecture of his place of residence to that effect.
3 Those who have violated the provision of paragraph 1 shall be liable to a non-penal fine not exceeding 3,000 yen.
(Report on Death)
Article 15. When a medical X-ray technician has died or has been given the adjudication of disappearance, the person responsible for the report of death or disappearance under the Census Register Law (Law No.224 of 1947) shall notify, within 30 days, the governor of To, Do, Fu or prefecture of his place of residence to that effect.
2 Those who have violated the provision of the preceding paragraph shall be liable to a non-penal fine not exceeding 3,000 yen.
(Delegation to Ministerial Ordinance)
Article 16. Other than those provided for by this Law, necessary matters concerning application of license and list of the medical X-ray technicians shall be established by Ministerial Ordinance.
CHAPTER III Examination of Medical X-ray Technician
(Purpose of Examination)
Article 17. The examination of medical X-ray technician shall be carried out on the knowledge and technical ability to be possessed by a medical X-ray technician.
(Enforcement of Examination)
Article 18. The examination of medical X-ray technician shall be carried out by the Minister of Welfare.
(Examination Commissioner)
Article 19. The Examination Commissioner of Medical X-ray Technician who takes charge of the necessary matters concerning the enforcement of the examination of the medical X-ray technician such as making of the questions and marking shall be established in the Ministry of Welfare.
2 The Examination Commissioner of Medical X-ray Technician shall be appointed by the Minister of Welfare from among the learned and experienced persons concerning medical X-ray.
3 Other than those provided for in the preceding two paragraphs, necessary matters concerning Examination Commissioner of Medical X-ray Technician shall be established by Cabinet Order.
(Qualification for the Examination)
Article 20. Those who do not come under any one of the following items may not take the examination of the medical X-ray technician:
(1) Those who are able to be admitted into a university in accordance with the provision of Article 56 paragraph 1 (Entrance Qualification for University) of the School Education Law (Law No.26 of 1947) and have finished the knowledge and technical ability necessary as the medical X-ray technician for two years or more in the school authorized by the Minister of Education or in the training institute for medical X-ray technician authorized by the Minister of Welfare;
(2) Those who graduated from a school or a training school concerning medical X-ray technique in a foreign country or obtained in a foreign country a license equivalent to the license of medical X-ray technician, and are judged by the Minister of Welfare to have the knowledge and technical ability equivalent or superior to those prescribed in the preceding paragraph.
(Prohibition of Unjust Deeds)
Article 21. When there was any unjust deed concerning the examination of medical X-ray technician, the same examination may be suspended or invalidated with respect to those who have any connection with the unjust deed. In this case, the permission to take the examination may not be given to them for a fixed term.
(Examination Fee)
Article 22. Those who want to take the examination of medical X-ray technician shall pay examination fee in accordance with the provision provided for by Ministerial Ordinance.
(Delegation to Ministerial Ordinance)
Article 23. Other than those provided for by this Law, necessary matters concerning the subjects, procedure, etc. of the examination of the medical X-ray technician and necessary matters concerning the school or the training institute for medical X-ray technicians provided for in Article 20 item (1) shall be established by Ministerial Ordinance.
CHAPTER IV Professional Practice
(Prohibitive Deeds)
Article 24. Those who are not the duly licensed medical practitioner, dentist or medical X-ray technician shall not apply X-ray to human body as professional practice.
2 Those who have violated the provision of the preceding paragraph shall be liable to a penal servitude not exceeding one year or a fine not exceeding 10,000 yen.
(Prohibition of Title)
Article 25. Those who are not the duly licensed medical X-ray technician shall not use the title of medical X-ray technician or a title liable to be confused with it.
2 Those who have violated the provision of the preceding paragraph shall be liable to a fine not exceeding 5,000 yen.
(Restriction on Professional Practice)
Article 26. Medical X-ray technician shall not apply X-ray to human body except in case he has received practical directions from medical practitioner or dentist.
2 Medical X-ray technician shall not practise his profession at the place other than hospital or disponsary;provided that this restriction shall not apply to the following cases:
(1) In cases where, with respect to the patient who has been examined by medical practitioner or dentist, he applies X-ray under the direction of the said practitioner or dentist at the place other than the hospital or dispensary;
(2) In cases where the application, is conducted in the presence of medical practitioner or dentist, when mass-medical examination is exercised.
3 Those who have violated the provisions of the preceding two paragraphs shall be liable to a fine not exceeding 10,000 yen.
(X-ray Record)
Article 27. In case a medical X-ray technician has applied Y-ray to human body, he shall make X-ray record without delay containing the following matters and obtain the signature of medical practitioner or dentist who directed concerning the X-ray application:
(1) Address, name, sex and age of the person to whom the X-ray has been applied;
(2) Date of X-ray application;
(3) Method of X-ray application (practically and in detail);
(4) Name of medical practitioner or dentist from whom the direction has been given, and the content of the direction.
2 The governor of To, Do, Fu or prefecture may, in case he deems it necessary, demand presentation of the X-ray record under the preceding paragraph or cause the officials concerned to inspect the X-ray record.
3 The officials carrying out inspection in accordance with the provision of the preceding paragraph shall take with them the certificate identifying their status and must show it, upon demand, to the interested parties.
4 Those who have violated the provision of paragraph 1 shall be liable to a non-penal fine not exceeding 5,000 yen.
Supplementary Provisions:
(Date of Enforcement)
1 This Law shall come into force as from the day when the period of 60 days has elapsed counting from the day of its promulgation.
(Report of the Present Practitioner)
2 Those who are actually practicing the profession as provided for in Article 2 (Definition of medical X-ray technician) at the time of enforcement of this Law or those who were in practice of the profession as provided for in Article 2 for three years or more continuously prior to the enforcement of this Law shall report, within three months after the enforcement of this Law to the governor of To, Do, Fu or prefecture of the place of residence his name, age, sex, place of the permanent residence and present residence, name and address of the institution where he is engaged in practice.
(Tentative Continuance of Practice)
3 Regardless of the provision of Article 24 (Prohibition of Practice), the professional practice as provided for in Article 2 may be exercised by the person under the provision of the preceding paragraph during the period until the report of the same paragraph, and by those who have made the report of the same paragraph during the period after the report until December 31, 1956.
4 With respect to persons provided for in the preceding paragraph, the provisions of Article 26 (Restriction on Professional Practice) and Article 27 (X-ray Certificate) shall apply mutatis mutandis.
(Prohibition of Professional Practice)
5 The governor of To, Do, Fu or prefecture may, when a person provided for in paragraph 3 comes under any of the items of Article 4 (Unconditional Cause of Disqualification) or Article 5 (Conditional Cause of Disqualification), prohibit the professional practice thereof.
6 Those who have violated the disposition of the prohibition of professional practice under the preceding paragraph shall be liable to a penal servitude not exceeding one year or a fine not exceeding 10,000 yen.
(The Examination)
7 The Minister of Welfare shall hold examination specially for those who have made the report under the provision of paragraph 2 during the period until December 31, 1956. The provision of Article 18 (Enforcement of Medical X-ray Technician'Examination) and Article 21 (Prohibition of Unjust Deeds) shall apply mutatis mutandis in this case.
8 Necessary matters concerning the examination under the preceding paragraph shall be established by Ministerial Ordinance.
(Special Instance of License)
9 The governor of To, Do, Fu or prefecture may give the license of medical X-ray technician to those who have passed the examination provided for in paragraph 7 regardless of the provision of Article 3 (License).
(Partial Amendment to the Ministry of Welfare Establishment Law)
10 The Ministry of Welfare Establishment Law (Law No.151 of 1949) shall be partially amended as follows:
In Article 5, the following one item shall be added next to item (37):
(37-2) To perform examination of medical X-ray technicians.
In Article 10 item (3), "public health nurses" shall be amended as "medical X-ray technicians, public health nurses" .
Minister of Welfare KUROKAWA Takeo
Prime Minister YOSHIDA Shigeru