医師法(昭和二十三年法律第二百一号)
Medical Practitioners' Act(Act No. 201 of 1948)
最終更新:平成十九年法律第九十六号
Last Version: Act No. 96 of 2007
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History
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▶Main Provision
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February 19, 2022
- Last Version: Act No. 96 of 2007
- Translated Date: January 11, 2022
- Dictionary Version: 14.0
医師法
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Medical Practitioners' Act
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昭和二十三年七月三十日法律第二百一号
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Act No. 201 of July 30, 1948
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第一章 総則(第一条)
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Chapter I General Provisions(Article 1)
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第二章 免許(第二条―第八条)
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Chapter II Licensing(Articles 2 through 8)
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第三章 試験(第九条―第十六条)
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Chapter III Examinations(Articles 9 through 16)
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第三章の二 臨床研修(第十六条の二―第十六条の六)
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Chapter III-2 Clinical Training(Articles 16-2 through 16-6)
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第四章 業務(第十七条―第二十四条の二)
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Chapter IV Medical Practices(Articles 17 through 24-2)
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第五章 医師試験委員(第二十七条―第三十条)
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Chapter V Medical Practitioners' Examiner(Articles 27 through 30)
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第五章の二 雑則(第三十条の二・第三十条の三)
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Chapter V-2 Miscellaneous Provisions(Article 30-2 and Article 30-3)
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第六章 罰則(第三十一条―第三十三条の三)
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Chapter VI Penal Provisions(Articles 31 through 33-3)
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第一章 総則
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Chapter I General Provisions
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第二章 免許
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Chapter II Licensing
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一心身の障害により医師の業務を適正に行うことができない者として厚生労働省令で定めるもの
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(i)a person specified by Order of the Ministry of Health, Labour and Welfare as a person who cannot properly engage in the practices of a medical practitioner due to a mental or physical impairment;
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二麻薬、大麻又はあへんの中毒者
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(ii)a person who is addicted to narcotics, cannabis, or opium;
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三罰金以上の刑に処せられた者
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(iii)a person who has been sentenced to a fine or severer punishment; or
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四前号に該当する者を除くほか、医事に関し犯罪又は不正の行為のあつた者
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(iv)in addition to a person who falls under the preceding item, a person who has committed a crime or performed a wrongful act in connection with medical practice.
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Article 5A register of medical practitioners is to be prepared at the Ministry of Health, Labour and Welfare, in which the date of registration, matters regarding dispositions pursuant to the provisions of Article 7, paragraph (1) and paragraph (2), and other matters in relation to the medical practitioner's license are to be registered.
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(3)A medical practitioner must notify their name, address (and the address of the place the person engages in medical practice), and any other matters specified by Order of the Ministry of Health, Labour and Welfare as of December 31 of every second year as specified by Order of the Ministry of Health, Labour and Welfare, to the Minister of Health, Labour and Welfare through the prefectural governor for the residential location, by January 15 of the following year.
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Article 6-2When the Minister of Health, Labour and Welfare finds that a person who has applied for a medical practitioner's license falls under Article 4, item (i) and decides not to grant the person a license pursuant to the provisions of the same Article, the Minister must notify the applicant to that effect in advance, and must have an official designated by the Minister of Health, Labour and Welfare hear the opinion of the applicant when so requested by the applicant.
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一戒告
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(i)admonition;
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二三年以内の医業の停止
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(ii)suspension from medical practice for up to three years; or
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三免許の取消し
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(iii)revocation of license.
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(3)A person who has been rendered a disposition of revocation pursuant to the provisions of the preceding two paragraphs (excluding persons who have been rendered a disposition of revocation pursuant to the provisions of the preceding paragraph as a person who falls under Article 4, item (iii) or item (iv) or who has acted in a way that damages their respectability as a medical practitioner, for whom five years have not elapsed since the date of disposition) may be granted a new license when the person no longer falls under the circumstances which led to the revocation or when it is found appropriate to grant a new license due to subsequent circumstances.In this case, the provisions of Article 6, paragraph (1) and paragraph (2) apply mutatis mutandis.
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(5)When the Minister of Health, Labour and Welfare seeks to render a disposition to revoke a license pursuant to the provisions of paragraph (1) or paragraph (2), the Minister may request that the prefectural governor hear the opinions of the person subject to the disposition, and the hearing of opinions may be substituted for the hearing of opinions by the Minister of Health, Labour and Welfare.
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6行政手続法(平成五年法律第八十八号)第三章第二節(第二十五条、第二十六条及び第二十八条を除く。)の規定は、都道府県知事が前項の規定により意見の聴取を行う場合について準用する。この場合において、同節中「聴聞」とあるのは「意見の聴取」と、同法第十五条第一項中「行政庁」とあるのは「都道府県知事」と、同条第三項(同法第二十二条第三項において準用する場合を含む。)中「行政庁は」とあるのは「都道府県知事は」と、「当該行政庁が」とあるのは「当該都道府県知事が」と、「当該行政庁の」とあるのは「当該都道府県の」と、同法第十六条第四項並びに第十八条第一項及び第三項中「行政庁」とあるのは「都道府県知事」と、同法第十九条第一項中「行政庁が指名する職員その他政令で定める者」とあるのは「都道府県知事が指名する職員」と、同法第二十条第一項、第二項及び第四項中「行政庁」とあるのは「都道府県」と、同条第六項、同法第二十四条第三項及び第二十七条第一項中「行政庁」とあるのは「都道府県知事」と読み替えるものとする。
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(6)The provisions of Chapter III, Section 2 (excluding Article 25, Article 26, and Article 28) of the Administrative Procedure Act (Act No. 88 of 1993) apply mutatis mutandis to the case in which hearing of opinions is conducted by a prefectural governor pursuant to the preceding paragraph. In this case, the term "hearing" in Section 2 is deemed to be replaced with "hearing of opinions," the term "administrative agency" in Article 15, paragraph (1) with "prefectural governor," the terms "administrative agency," "the administrative agency," and "the administrative agency's" in Article 15, paragraph (3) (including as applied mutatis mutandis pursuant to Article 22, paragraph (3)) with "prefectural governor," "the prefectural governor," and "the prefectural governor's" respectively, the term "administrative agency" in Article 16, paragraph (4) and Article 18, paragraph (1) and paragraph (3) with "prefectural governor," the phrase "an official designated by the administrative agencies or other such persons provided for by Cabinet Order" in Article 19, paragraph (1) with "an official designated by the prefectural governor," the term "administrative agency" in Article 20, paragraph (1), paragraph (2), and paragraph (4) with "prefecture," and the term "administrative agency" in Article 20, paragraph (6), Article 24, paragraph (3), and Article 27, paragraph (1) with "prefectural governor."
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8都道府県知事は、第五項の規定により意見の聴取を行う場合において、第六項において読み替えて準用する行政手続法第二十四条第三項の規定により同条第一項の調書及び同条第三項の報告書の提出を受けたときは、これらを保存するとともに、当該処分の決定についての意見を記載した意見書を作成し、当該調書及び報告書の写しを添えて厚生労働大臣に提出しなければならない。
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(8)In conducting a hearing of opinions pursuant to the provisions of paragraph (5), when the prefectural governor has received a record as set forth in Article 24, paragraph (1) of the same Act and a written report as set forth in Article 24, paragraph (3) of the same Act, the governor must, pursuant to the provisions of Article 24, paragraph (3) of the Administrative Procedure Act as applied mutatis mutandis pursuant to paragraph (6) following the deemed replacement of terms, keep the record and the written report, draw up a written opinion stating their opinion concerning the decision on the disposition, and submit this to the Minister of Health, Labour and Welfare along with a copy of the record and the written report.
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9厚生労働大臣は、意見の聴取の終結後に生じた事情にかんがみ必要があると認めるときは、都道府県知事に対し、前項の規定により提出された意見書を返戻して主宰者に意見の聴取の再開を命ずるよう求めることができる。行政手続法第二十二条第二項本文及び第三項の規定は、この場合について準用する。
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(9)When the Minister of Health, Labour and Welfare finds it necessary in light of the circumstances that arose after the conclusion of hearing of opinions, the Minister may request the prefectural governor to return the written report submitted pursuant to the provisions of the preceding paragraph and order the presiding official to resume the hearing of opinions. The provisions of the main text of Article 22, paragraph (2), and paragraph (3) of the Administrative Procedure Act apply mutatis mutandis to this case.
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(11)When the Minister of Health, Labour and Welfare seeks to order the suspension of medical practice pursuant to the provisions of paragraph (2), the Minister may request the prefectural governor to hear the explanation of the person subject to the disposition, and may substitute the hearing of explanation for the Minister's grant of an opportunity for explanation.
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一第二項の規定を根拠として当該処分をしようとする旨及びその内容
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(i)that the disposition is to be held based on the provisions of paragraph (2) and its details;
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二当該処分の原因となる事実
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(ii)the facts leading to the disposition; and
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三弁明の聴取の日時及び場所
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(iii)the time and place of the explanation hearing.
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(13)In addition to the case referred to in paragraph (11), the Minister of Health, Labour and Welfare may have a member of the Medical Ethics Council hear the explanation of the person subject to the disposition, in lieu of the Minister's grant of an opportunity for explanation.In this case, the term "preceding paragraph" in the preceding paragraph is deemed to be replaced with "following paragraph," the term "prefectural governor" is deemed to be replaced with "Minister of Health, Labour and Welfare," and the provisions of the same paragraph apply.
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(15)When an explanation hearing has been conducted pursuant to the provisions of paragraph (11) or the first sentence of paragraph (13), the prefectural governor or a member of the Medical Ethics Council must prepare and keep a hearing report, draw up a written report stating their opinion on the decision of the disposition, and submit this to the Minister of Health, Labour and Welfare.
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一当該処分に係る者の氏名及び住所
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(i)the name and address of the person subject to the disposition;
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二当該処分の内容及び根拠となる条項
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(ii)the details of the disposition and the provisions on which it is based; and
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三当該処分の原因となる事実
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(iii)the facts leading to the disposition.
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17第五項の規定により意見の聴取を行う場合における第六項において読み替えて準用する行政手続法第十五条第一項の通知又は第十一項の規定により弁明の聴取を行う場合における第十二項の通知は、それぞれ、前項の規定により通知された内容に基づいたものでなければならない。
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(17)Both the notice under Article 15, paragraph (1) of the Administrative Procedure Act as applied mutatis mutandis pursuant to the provisions of paragraph (6) following the deemed replacement of terms in which a hearing of opinions is conducted pursuant to the provisions of paragraph (5), and the notice under paragraph (12) in which an explanation hearing is conducted pursuant to the provisions of paragraph (11), must be based on the details notified pursuant to the provisions of the preceding paragraph.
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18第五項若しくは第十一項の規定により都道府県知事が意見の聴取若しくは弁明の聴取を行う場合又は第十三項前段の規定により医道審議会の委員が弁明の聴取を行う場合における当該処分については、行政手続法第三章(第十二条及び第十四条を除く。)の規定は、適用しない。
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(18)The provisions of Chapter III of the Administrative Procedure Act (excluding Article 12 and Article 14) do not apply to the disposition when the prefectural governor conducts a hearing of opinions or an explanation hearing pursuant to the provisions of paragraph (5) or paragraph (11), or when a member of the Medical Ethics Council conducts an explanation hearing pursuant to the provisions of the first sentence of paragraph (13).
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Article 7-2(1)The Minister of Health, Labour and Welfare may order a medical practitioner who has been rendered a disposition set forth in paragraph (2), item (i) or item (ii) of the preceding Article, or a person who seeks to receive a new license pursuant to the provisions of paragraph (3) of the same Article to undergo the training on maintenance of ethics as a medical practitioner or the training on the knowledge and skills that should be possessed as a medical practitioner that is specified by Order of the Ministry of Health, Labour and Welfare (hereinafter referred to as "reeducation training").
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(5)The provisions of Article 7, paragraphs (11) through (18) (excluding paragraph (13)) apply mutatis mutandis to the case in which the Minister of Health, Labour and Welfare seeks to render an order pursuant to the provisions of paragraph (1).In this case, the necessary technical replacement of terms is specified by Cabinet Order.
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Article 7-3(1)When the Minister of Health, Labour and Welfare finds that it is necessary to investigate whether a disposition should be made regarding a medical practitioner pursuant to the provisions of Article 7, paragraph (2), the Minister may seek the opinions of and collect reports from persons who are connected with the case, or witnesses, order the owners of medical records and other objects to submit them, and have the relevant officials enter the hospital or any other location that is connected with the case and inspect the medical records and other objects.
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Article 8Beyond what is provided for in this Chapter, necessary matters related to application for license, registration, correction, and cancellation in the register of medical practitioners, the delivery, replacement, redelivery, return, and submission of license certificates, and notification of address are specified by Cabinet Order, and necessary matters related to the implementation of reeducation training as set forth in Article 7-2, paragraph (1), registration in the register of medical practitioners as set forth in paragraph (2) of the same Article, and the delivery, replacement, and redelivery of the registration certificate for completion of reeducation training as set forth in paragraph (3) are specified by Order of the Ministry of Health, Labour and Welfare.
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第三章 試験
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Chapter III Examinations
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(2)The Minister of Health, Labour and Welfare must hear the opinions of the Medical Ethics Council in advance when seeking to specify the subjects, implementation, or method of determining successful examinees of the national examination for medical practitioners or the national preliminary examination for medical practitioners.
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一学校教育法(昭和二十二年法律第二十六号)に基づく大学(以下単に「大学」という。)において、医学の正規の課程を修めて卒業した者
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(i)a person who has graduated from a university under the School Education Act (Act No. 26 of 1947) by completing a regular course in medical science (hereinafter simply referred to as "university");
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二医師国家試験予備試験に合格した者で、合格した後一年以上の診療及び公衆衛生に関する実地修練を経たもの
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(ii)a person who has passed the national preliminary examination for medical practitioners, and who has subsequently undergone practical training related to medical care or public health for one year or more; or
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三外国の医学校を卒業し、又は外国で医師免許を得た者で、厚生労働大臣が前二号に掲げる者と同等以上の学力及び技能を有し、且つ、適当と認定したもの
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(iii)a person who has graduated from a medical school in a foreign state, or who has acquired a medical practitioner's license in a foreign state, who possesses at least the same level of knowledge and skills as the persons set forth in the preceding two items and whom the Minister of Health, Labour and Welfare has approved as eligible to take the national examination for medical practitioners.
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Article 12A person who has graduated from a medical school in a foreign state or who has acquired a medical practitioner's license in a foreign state may take the national preliminary examination for medical practitioners if the person does not fall under item (iii) of the preceding Article and has been approved as eligible by the Minister of Health, Labour and Welfare.
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Article 15When there has been any wrongful act in connection with the national examination for medical practitioners or the national preliminary examination for medical practitioners, the person involved in the wrongful act may be stopped from taking the examination, or may have the examination invalidated.In this case, the person may be barred from taking the examination within a specified period.
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第三章の二 臨床研修
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Chapter III-2 Clinical Training
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Article 16-4(1)Upon application by a person who has completed the clinical training pursuant to the provisions of the Article 16-2, paragraph (1), the Minister of Health, Labour and Welfare must register the fact that the person has completed clinical training in the register of medical practitioners.
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Article 16-5A person seeking to be registered as set forth in paragraph (1) of the preceding Article or a person seeking to be issued a replacement or redelivery of the registration certificate for completion of clinical training must pay the amount of fees that is specified by Cabinet Order in consideration of the actual costs.
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Article 16-6Beyond what is provided for in this Chapter, necessary matters related to designation as set forth in Article 16-2, paragraph (1), registration in the register of medical practitioners as set forth in Article 16-4, paragraph (1), delivery, replacement, and redelivery of registration certificate for completion of clinical training as set forth in Article 16-4, paragraph (2) are specified by Cabinet Order.
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第四章 業務
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Chapter IV Medical Practices
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Article 20No medical practitioner may provide medical treatment or issue a medical certificate or prescription without personally performing a medical examination, nor issue a birth certificate or certificate of stillbirth without personally being in attendance at the birth, nor issue a certificate of post mortem examination without personally performing the fact examination; provided, however, that this does not apply to a death certificate that has been issued where a patient undergoing medical care has died within 24 hours of the medical examination.
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Article 22If a medical practitioner finds it necessary to dispense and administer medicine as a part of a patient's treatment, the medical practitioner must issue a prescription to the patient or a person caring for the patient; provided, however, that this does not apply when the patient or a person caring for the patient states that it is not necessary to issue a prescription, or in any of the following cases:
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一暗示的効果を期待する場合において、処方せんを交付することがその目的の達成を妨げるおそれがある場合
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(i)when a suggestive effect is expected and issuing a prescription is likely to hinder this from being achieved;
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二処方せんを交付することが診療又は疾病の予後について患者に不安を与え、その疾病の治療を困難にするおそれがある場合
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(ii)when issuing a prescription is likely to cause anxiety to the patient about their medical care or prognosis, and may complicate the treatment of the illness;
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三病状の短時間ごとの変化に即応して薬剤を投与する場合
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(iii)when medicines are administered in response to changes in symptoms over short periods of time;
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四診断又は治療方法の決定していない場合
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(iv)when the diagnosis or method of treatment has not been decided;
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五治療上必要な応急の措置として薬剤を投与する場合
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(v)when medicine is administered as an emergency measure necessary for treatment;
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六安静を要する患者以外に薬剤の交付を受けることができる者がいない場合
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(vi)when there is no person other than the patient who requires rest, to whom the medicines can be delivered;
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七覚せい剤を投与する場合
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(vii)when stimulants are to be administered; or
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八薬剤師が乗り組んでいない船舶内において薬剤を投与する場合
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(viii)when medicine is administered aboard a vessel with no pharmacist on board.
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(2)Medical records as set forth in the preceding paragraph must be kept for a period of five years by the administrator of the hospital or clinic where medical care was provided by a medical practitioner works at that hospital or clinic, and by the medical practitioner themselves for medical records related to other medical care.
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Article 24-2(1)Where there is a risk of causing serious harm to public health, and the Minister of Health, Labour and Welfare finds it especially necessary to do so in order to prevent the harm, the Minister may give necessary instructions to medical practitioners regarding medical treatment or health guidance.
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第五章 医師試験委員
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Chapter V - Medical Practitioners' Examiner
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第五章の二 雑則
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Chapter V-2 Miscellaneous Provisions
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Article 30-2The Minister of Health, Labour and Welfare is to publicize the names of medical practitioners and other matters specified by Cabinet Order, to enable persons receiving medical treatment and the citizens to confirm the qualifications of medical practitioners and to choose adequate medical treatment.
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Article 30-3The affairs to be administered by the prefectures pursuant to provisions of Article 6, paragraph (3), Article 7, paragraph (5), the first sentence of Article 7, paragraph (9), and Article 7, paragraph (11) and paragraph (12) (including as applied mutatis mutandis pursuant to Article 7-2, paragraph (5)), Article 15, paragraph (1) and paragraph (3) of the Administrative Procedure Act as applied mutatis mutandis pursuant to Article 7, paragraph (6) (including as applied mutatis mutandis to Article 22, paragraph (3) of the same Act), Article 16, paragraph (4), Article 18, paragraph (1) and paragraph (3), Article 19, paragraph (1), and Article 15, paragraph (3) of the Administrative Procedure Act as applied mutatis mutandis to Article 22, paragraph (3) of the same Act, as applied mutatis mutandis to Article 20, paragraph (6), Article 24, paragraph (3), and the second sentence of Article 7, paragraph (9) are to be Type I statutory entrusted functions prescribed in the provisions of Article 2, paragraph (9), item (i) of the Local Autonomy Act (Act No. 67 of 1947).
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第六章 罰則
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Chapter VI Penal Provisions
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一第十七条の規定に違反した者
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(i)a person who has violated the provisions of Article 17; or
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二虚偽又は不正の事実に基づいて医師免許を受けた者
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(ii)a person who has received a medical practitioner's license based on a false or wrongful fact.
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Article 32A person who has been ordered to suspend medical practice pursuant to the provisions of Article 7, paragraph (2) and who has engaged in medical practice during the period of suspension is punished by imprisonment with work for not more than one year, a fine of not more than five hundred thousand yen, or both.
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Article 33A person who has violated the provisions of Article 30 and has divulged examination questions in advance either intentionally or through gross negligence, or who has intentionally and wrongfully scored examinations is punished by imprisonment with work for not more than one year or a fine of not more than five hundred thousand yen.
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一第六条第三項、第十八条、第二十条から第二十二条まで又は第二十四条の規定に違反した者
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(i)a person who has violated the provisions of Article 6, paragraph (3), Article 18, Articles 20 through 22, or Article 24;
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二第七条の二第一項の規定による命令に違反して再教育研修を受けなかつた者
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(ii)a person who has failed to receive reeducation training in violation of an order pursuant to the provisions of Article 7-2, paragraph (1); or
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三第七条の三第一項の規定による陳述をせず、報告をせず、若しくは虚偽の陳述若しくは報告をし、物件を提出せず、又は検査を拒み、妨げ、若しくは忌避した者
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(iii)a person who has failed to make a statement or report, who has made a false statement or report, who has failed to submit objects, or who has refused, obstructed, or evaded inspections, pursuant to the provisions of Article 7-3, paragraph (1).
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Article 33-3When the representative of a corporation, or an agent, employee or other worker of a corporation or individual violates the provisions of item (iii) of the preceding Article with regard to the practices of the corporation or individual, not only the offender, but also the corporation or individual is punished by the fine prescribed in that Article.
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附 則〔抄〕
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Supplementary Provisions[Extract]
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Article 35The Medical Care Act (Act No. 70 of 1942; hereinafter referred to as the "former Act") is hereby repealed.
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第三十六条旧法又は医師法(明治三十九年法律第四十七号、以下旧医師法という。)によつて医師免許を受けた者は、これをこの法律によつて医師免許を受けた者とみなす。旧医師法施行前に医術開業免状を得た者についても同様である。
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Article 36(1)A person who has received a medical practitioner's license under the former Act or the Medical Practitioners' Act (Act No. 47 of 1906; hereinafter referred to as the "former Medical Practitioners' Act") is deemed to have received a medical license under this Act. The same applies to a person who acquired a medical license prior to the enforcement of the former Medical Practitioners' Act.
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(2)With regard to the medical practices of persons who acquired a medical license prior to the enforcement of the former Medical Practitioners' Act, prior laws continue to govern.
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(3)With regard to medical licenses and examinations of Japanese nationals who received medical licenses from the Governor General of Korea, the Governor General of Taiwan, the Governor of the Karafuto Agency, the Governor of the South Pacific Mandate, the Ambassador Plenipotentiary to Manchukuo, or Manchukuo before August 15, 1945, prior laws may continue to govern for a period of five years from the date on which this Act comes into effect.
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(4)In addition to persons prescribed in the preceding paragraph, with regard to medical licenses received and examinations taken by Japanese nationals who received a medical license or a medical practitioner's license in a foreign country in accordance with the law of that country, or who received a medical practitioner's license through the consulate of the Republic of China (including Manchuria and Mongolia) before August 15, 1945, prior laws may continue to govern until December 31, 1955.
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Article 37Registration in a register of medical practitioners made under the former Act or the former Medical Practitioners' Act is deemed to be registration in a register of medical practitioners under this Act.
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Article 38Dispositions regarding the revocation of a medical license or suspension of a medical practice made under the former Act or the former Medical Practitioners' Act are deemed to have been made pursuant to the corresponding provisions of this Act.In this case, with regard to the period of suspension, prior laws continue to govern.
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Article 40With regard to punishment on persons who have violated the former Act, the former Medical Practitioners' Act, orders issued based on these, or dispositions made based on those orders, the provisions of the former Act and the former Medical Practitioners' Act remain applicable.
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Article 41A person who falls under the provisions of paragraph (2) of the Supplementary Provisions of the Imperial Ordinance to Partially Revise the Order for Enforcement of the Medical Care Act (Imperial Ordinance No. 402 of 1946) may receive a medical license, notwithstanding the provisions of Article 2.
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Article 42A person who falls under the provisions of paragraph (2) of the Supplementary Provisions of the Imperial Ordinance to Partially Revise the Order for Enforcement of the Medical Care Act (Imperial Ordinance No. 137 of 1947) may take the national examination for medical practitioners, notwithstanding the provisions of Article 11.
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第四十三条学校教育法(昭和二十二年法律第二十六号)附則第三条の規定により大学令(大正七年勅令第三百八十八号)による大学又は専門学校令(明治三十六年勅令第六十一号)による専門学校として、その存続を認められた大学又は専門学校は、第十一条第一号の大学とみなす。
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Article 43A university as provided for in the University Ordinance (Imperial Ordinance No. 388 of 1918) or a vocational college as provided for in the Vocational Training School Ordinance (Imperial Ordinance No. 61 of 1903) that is recognized as the continuation of a university or vocational college pursuant to the provisions of Article 3 of the Supplementary Provisions of the School Education Act (Act No. 26 of 1947) is deemed to be a university under Article 11, item (i) of this Act.
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第四十四条国は、当分の間、都道府県に対し、第十六条の二第一項に規定する病院に附属する施設のうち臨床研修を行うために必要なものの整備で日本電信電話株式会社の株式の売払収入の活用による社会資本の整備の促進に関する特別措置法(昭和六十二年法律第八十六号)第二条第一項第二号に該当するものにつき、当該都道府県が自ら行う場合にあつてはその要する費用に充てる資金の一部を、都道府県以外の病院の開設者が行う場合にあつては当該開設者に対し当該都道府県が補助する費用に充てる資金の一部を、予算の範囲内において、無利子で貸し付けることができる。
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Article 44(1)Until otherwise provided for by law, the national government may, within the scope of its budget, provide a part of the fund to be allocated to the necessary expenses, where a prefecture is carrying out the relevant training itself, or may provide a part of the fund to be allocated to the expenses that the prefecture is subsidizing for the establisher, where the establisher of the hospital carrying out the training is other than the prefecture, as an interest-free loan for the development of facilities under Article 2, paragraph (1), item (ii) of the Act on Special Measures Concerning the Promotion of Social Infrastructure Development through the Use of Proceeds from the Sale of Stock of Nippon Telegraph and Telephone Corporation (Act No. 86 of 1987) that, among the facilities that belong to a hospital provided for in Article 16-2, paragraph (1), are required for carrying out clinical training.
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(4)The national government is to, when it has provided a loan to a prefecture pursuant to the provisions of paragraph (1), subsidize an amount equivalent to the amount of loan for the development of facilities subject to the loan, and is to do so at the time of the loan's repayment, by delivering an amount of money equivalent to the amount of loan repaid.
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(5)With regard to the application of the provisions of the preceding paragraph when a prefecture has repaid an interest-free loan under paragraph (1) ahead of the due date for repayment determined pursuant to paragraph (2) and paragraph (3) (excluding cases specified by Cabinet Order), the repayment is deemed to have been made on the due date for repayment.
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