I hereby promulgate the Law for Partial Amendments to the Medical Practitioner Law, Dentist Law and Pharmaceutical Affairs Law.
Signed:HIROHITO, Seal of the Emperor
This twentieth day of the sixth month of the twenty-sixth year of Showa (June 20, 1951)
Prime Minister YOSHIDA Shigeru
Law for Partial Amendments to the Medical Practitioner Law, Dentist Law and Pharmaceutical Affairs Law
Article 1. The Medical Practitioner Law (Law No.201 of 1948) shall be partially amended as follows:
Article 22 shall be amended as follows:
Art.22. When a medical practitioner recognizes that it is necessary to dispense drugs to be given to a patient for treatment, he shall give a prescription to the patient or to the person actually in charge of nursing the patient. However, this shall not apply in case it offers a specific obstacle to the treatment of the patient to give the prescription, under the provisions of Ministerial Ordinance.
2 The Minister of Welfare shall, in case he intends to establish or to amend a Ministerial Ordinance provided for in the proviso to the preceding paragraph, hear the opinion of a council as may be established separately.
In Article 33, "Art.22" shall be amended as "Art.22 par.1" .
Article 2. The Dentist Law (Law No.202 of 1948) shall be partially amended as follows:
Article 21 shall be amended as follows:
Art.21. When a dentist recognizes that it is necessary to dispense drugs to be given to a patient for treatment, he shall give a prescription to the patient or to the person actually in charge of nursing the patient. However, this shall not apply in case it offers a specific obstacle to the treatment of the patient to deliver the prescription, under the provisions of Ministerial Ordinance.
2 The Minister of Welfare shall, in case he intends to establish or to amend a Ministerial Ordinance provided for in the proviso to the preceding paragraph, hear the opinion of a council as may be established separately.
In Article 31, "Art.21" shall be amended as "Art.21 par.1" .
Article 3. The Pharmaceutical Affairs Law (Law No.197 of 1948) shall be partially amended as follows:
Article 22 shall be amended as follows:
Article 22. No one except a licensed pharmacist shall dispense drugs for the purpose of sale or other distribution. However, this shall not apply when, in the following cases, a doctor or a dentist dispenses drugs himself by his own prescription or when a veterinary surgeon dispenses drugs himself by his own prescription:
(1) In cases where the patient or the person actually in charge of nursing the patient has specifically expressed his desire for receiving the dispensed drugs from the doctor or the dentist;
(2) In cases where it is deemed necessary to dispense drugs for the treatment as may be provided for by Ministerial Ordinance;
(3) In cases where the treatment is practised in the area where the spread of pharmacies is deemed insufficient as may be provided for by Ministerial Ordinance.
2 The Minister of Welfare shall, in case he intends to establish or to amend Ministerial Ordinances provided for in items (2) and (3) of the preceding paragraph, hear the opinion of a council as may be established separately.
The following one Article shall be added next to Article 22:
Article 22-(2). A pharmacist who engages in dispensing of drugs shall not refuse a request for dispensing without proper reason.
Article 24 shall be made paragraph 2 of the same Article and the following one paragraph shall be added to the same Article as paragraph 1:
A pharmacist shall not dispense drugs for purposes of sale or other distribution except by the prescription of a doctor, a dentist or a veterinary surgeon.
In Article 56 paragraph 1, "Art.22" shall be amended as "Art.22 par.1" .
Supplementary Provisions:
1 This Law shall come into force as from January 1, 1955.
2 Even before the coming into force of this Law, the Minister of Welfare may hear the opinion of the councils provided for in Article 22 paragraph 2 of the Medical Practitioner Law, Article 21 paragraph 2 of the Dentist Law and Article 22 paragraph 2 of the Pharmaceutical Affairs Law, for preparation of the enforcement, and establish Ministerial Ordinances provided for in the proviso to Article 22 paragraph 1 of the Medical Practitioner Law, proviso to Article 21 paragraph 1 of the Dentist Law and items (2) and (3) of Article 22 paragraph 1 of the Pharmaceutical Affairs Law.
Minister of Welfare KUROKAWA Takeo
Minister of Agriculture and Forestry HIROKAWA Kozen
Prime Minister YOSHIDA Shigeru