Order for Enforcement of the Act on Special Measures Against Novel Influenza
The Cabinet hereby enacts this Cabinet Order pursuant to the provisions of Article 2, items (iv) through (vi), Article 12, paragraph (2), Article 31, paragraph (1), Article 32, paragraph (1), Article 38, paragraph (4), Article 41, Article 42, paragraph (1), Article 45, paragraph (2), Article 48, paragraph (2), Article 55, paragraph (1), Article 56, paragraphs (1) and (3), Article 60, Article 62, paragraphs (2) and (3), Article 63, Article 69, paragraph (1) (including as applied mutatis mutandis pursuant to Article 69, paragraph (2) following the deemed replacement of terms), Article 71, paragraph (1), and Article 75 of the Act on Special Measures Against Novel Influenza (Act No. 31 of 2012), Article 32 of the Basic Act on Disaster Management (Act No. 223 of 1961) as applied mutatis mutandis pursuant to Article 44 of that Act following the deemed replacement of terms, and Article 81, paragraph (3) of the Basic Act on Disaster Management as applied mutatis mutandis pursuant to Article 71, paragraph (2) of the Act on Special Measures Against Novel Influenza.
(Specified Countermeasures Against a Novel Influenza)
Article 1  The measures specified by Cabinet Order referred to in Article 2, item (ii) - 2 of the Act on Special Measures Against Novel Influenza (referred to below as "Act") are as follows:
(i) measures to be implemented pursuant to the provisions of the Act;
(ii) measures to be implemented pursuant to the provisions of the following Act on the Prevention of Infectious Diseases and Medical Care for Patients with Infectious Diseases (Act No. 114 of 1998; referred to below as "the Infectious Diseases Control Law") (with regard to the provisions stated in (a) through (c), including as applied mutatis mutandis pursuant to Cabinet Order based on the provisions of Article 44-9, paragraph (1) of the Infectious Diseases Control Law and as applied pursuant to Cabinet Order based on the provisions of Article 53, paragraph (1) of the Infectious Diseases Control Law, and with regard to the provisions stated in (d), including as applied mutatis mutandis pursuant to Cabinet Order based on the provisions of Article 44-9, paragraph (1) of the Infectious Diseases Control Law:
(a) the provisions of Article 12, paragraph (1), paragraphs (2) and (3) of that Article (including as applied mutatis mutandis pursuant to paragraph (4) of that Article following the deemed replacement of terms), Article 15, paragraphs (1), (3), (5), (8), (10), (11), and (13) through (16), Article 15-2, paragraphs (1) and (2), Article 15-3, paragraphs (1) and (2) (including as applied mutatis mutandis pursuant to the provisions of Article 15-3, paragraph (7) following the deemed replacement of terms) and (3), Article 18, paragraphs (1) and (3) through (6), Article 37, paragraphs (1) and (2) (including as applied mutatis mutandis pursuant to Article 44-3-2, paragraph (2) and Article 50-3, paragraph (2)), paragraphs (3) and (4) (including as applied mutatis mutandis pursuant to Article 42, paragraph (2), Article 44-3-2, paragraph (2), Article 44-3-3, paragraph (2), Article 50-3, paragraph (2), and Article 50-4, paragraph (2)), Article 42, paragraph (1), Article 63-3, paragraphs (1) and (4), and Article 63-4;
(b) the provisions of Article 19, paragraphs (1) through (3), paragraph (5) and paragraph (7), Article 20, paragraphs (1) through (6) and paragraph (8), Article 21, Article 22, Article 24-2, and Article 25, paragraph (4) as applied mutatis mutandis pursuant to Article 26, paragraph (2) following the deemed replacement of terms;
(c) the provisions of Article 16-3, paragraphs (5) and (6) as applied mutatis mutandis pursuant to Article 23 as applied mutatis mutandis pursuant to Article 26, paragraph (2) following the deemed replacement of terms (excluding the part concerning recommendations of medical examinations under Article 17, paragraph (1) of the Infectious Diseases Control Law and concerning the measures for medical examinations under paragraph (2) of that Article);
(d) the provisions of Article 44-3, paragraph (2), paragraphs (5) through (11) of that Article (including as applied mutatis mutandis pursuant to Article 50-2, paragraph (4)), Article 44-3-2, paragraph (1), and Article 44-3-3, paragraph (1);
(e) the provisions of Article 46, paragraphs (1) through (5) and paragraph (7), Article 47, Article 48, Article 16-3, paragraphs (5) and (6) as applied mutatis mutandis pursuant to Article 49, Article 24-2 as applied mutatis mutandis pursuant to Article 49-2, Article 50-2, paragraph (2), Article 50-3, paragraph (1), Article 50-4, paragraph (1), and Article 51, paragraph (1) (limited to the part related to the measures prescribed in Article 46, paragraph (1), (3), or (4), Article 47, or Article 48, paragraph (1) or (4) of the Infectious Diseases Control Law).
(Designated Administrative Organs)
Article 1-2  Organs specified by Cabinet Order referred to in Article 2, item (v) of the Act are listed below:
(i) Cabinet Office;
(ii) National Public Safety Commission;
(iii) National Police Agency;
(iv) Financial Services Agency;
(v) Consumer Affairs Agency;
(vi) Children and Families Agency;
(vii) Digital Agency;
(viii) Ministry of Internal Affairs and Communications;
(ix) Fire and Disaster Management Agency;
(x) Ministry of Justice;
(xi) Immigration Services Agency;
(xii) Ministry of Foreign Affairs;
(xiii) Ministry of Finance;
(xiv) National Tax Agency;
(xv) Ministry of Education, Culture, Sports, Science and Technology;
(xvi) Ministry of Health, Labour and Welfare;
(xvii) Quarantine Stations;
(xviii) National Institute of Infectious Diseases;
(xix) Ministry of Agriculture, Forestry and Fisheries;
(xx) Animal Quarantine Service;
(xxi) Forestry Agency;
(xxii) Fisheries Agency;
(xxiii) Ministry of Economy, Trade and Industry;
(xxiv) Agency for Natural Resources and Energy;
(xxv) Small and Medium Enterprise Agency;
(xxvi) Ministry of Land, Infrastructure, Transport and Tourism;
(xxvii) Japan Tourism Agency;
(xxviii) Japan Meteorological Agency;
(xxix) Japan Coast Guard;
(xxx) Ministry of the Environment;
(xxxi) Nuclear Regulation Authority;
(xxxii) Ministry of Defense;
(xxxiii) Acquisition, Technology and Logistics Agency.
(Designated Local Administrative Organs)
Article 2  Local administrative organs of the national government specified by Cabinet Order referred to in Article 2, item (vi) of the Act are listed below:
(i) Okinawa General Bureau;
(ii) Regional Police Bureaus;
(iii) Tokyo Metropolitan Police Info-Communications Department;
(iv) Hokkaido Police Info- Communications Department;
(v) Regional Bureaus of Telecommunications;
(vi) Okinawa Office of Telecommunications;
(vii) Regional Immigration Services Bureau;
(viii) Local Finance Bureaus;
(ix) Fukuoka Local Finance Branch Bureau;
(x) Japan Customs;
(xi) Okinawa Regional Customs;
(xii) Regional Taxation Bureaus;
(xiii) Okinawa Regional Taxation Office;
(xiv) Regional Bureaus of Health and Welfare;
(xv) Prefectural Labor Bureaus;
(xvi) Regional Agricultural Administration Offices;
(xvii) Hokkaido Regional Agricultural Administration Office;
(xviii) Regional Bureaus of Economy, Trade and Industry;
(xix) Regional Industrial Safety and Inspection Departments;
(xx) Naha Industrial Safety and Inspection Office;
(xxi) Regional Development Bureaus;
(xxii) Hokkaido Regional Development Bureau;
(xxiii) District Transport Bureaus;
(xxiv) Regional Civil Aviation Bureaus;
(xxv) Area Control Center;
(xxvi) District Meteorological Observatories;
(xxvii) Okinawa Meteorological Observatory;
(xxviii) Regional Coast Guard Headquarters;
(xxix) Regional Environmental Offices;
(xxx) Regional Defense Bureaus.
(Designated Public Institutions)
Article 3  Public institutions and corporations that engage in business for public interest purposes specified by Cabinet Order referred to in Article 2, item (vii) of the Act are listed below:
(i) Japan Organization of Occupational Health and Safety;
(ii) National Hospital Organization;
(iii) Japan Community Healthcare Organization;
(iv) National Center for Global Health and Medicine;
(v) Bank of Japan;
(vi) Japanese Red Cross Society;
(vii) Japan Broadcasting Corporation;
(viii) organizations for promoting operations covering extensive areas;
(ix) Narita International Airport Corporation;
(x) Central Japan International Airport Co., Ltd.
(xi) New Kansai International Airport Company, Ltd.
(xii) Hokkaido Railway Company;
(xiii) Shikoku Railway Company;
(xiv) Japan Freight Railway Company;
(xv) Tokyo Metro Co., Ltd;
(xvi) Japan Post Co., Ltd;
(xvii) Nippon Telegraph and Telephone Corporation prescribed in Article 1-2, paragraph (1) of the Act on Nippon Telegraph and Telephone Corporation, etc. (Act No. 85 of 1984);
(xviii) Nippon Telegraph and Telephone East Corporation prescribed in Article 1-2, paragraph (2) of the Act on Nippon Telegraph and Telephone Corporation, etc.;
(xix) Nippon Telegraph and Telephone West Corporation prescribed in Article 1-2, paragraph (3) of the Act on Nippon Telegraph and Telephone Corporation, etc.;
(xx) any of the following corporations that are designated and specified in public notices by the Prime Minister:
(a) a corporation that is organized by physicians, dental practitioners, or hospitals, and whose business is found to meet the demand for medical care on a nationwide scale;
(b) a corporation that is organized by pharmacists and whose business is found to meet the demand for pharmaceuticals on a nationwide scale;
(c) a corporation that is organized by nurses and whose business is found to meet the demand for nursing on a nationwide scale;
(d) a corporation that holds marketing authorization for pharmaceuticals, quasi-pharmaceutical products, or cosmetics provided for in Article 47 of the Act, and whose business of marketing pharmaceuticals, medical devices, or regenerative medical products (meaning marketing operations provided for in Article 2, paragraph (13) of the Act on Securing Quality, Efficacy and Safety of Products Including Pharmaceuticals and Medical Devices (Act No. 145 of 1960; referred to below as the "Act on Pharmaceuticals and Medical Devices"); the same applies in (e)) is found to meet the nationwide demand for pharmaceuticals, medical devices, or regenerative medical products related to novel influenza, etc.;
(e) a corporation that is organized by persons who have obtained a license for marketing pharmaceuticals prescribed in Article 12, paragraph (1) of the Act on Pharmaceuticals and Medical Devices, and that employs persons who have obtained the approval prescribed in Article 14 of the Act on Pharmaceuticals and Medical Devices pursuant to the provisions of Article 14-2-2, paragraph (1) or Article 14-3, paragraph (1) of the Act on Pharmaceuticals and Medical Devices for marketing a vaccine against an infection with a novel influenza, etc. (meaning an infection with a novel influenza, etc. provided for in Article 6, paragraph (7) of the Infectious Diseases Control Law; the same applies in Article 5-3, paragraph (2)) (including persons who intend to obtain that approval);
(f) a corporation that is organized by distributors of pharmaceuticals, quasi-pharmaceutical products, or cosmetics provided for in Article 47 of the Act, and whose business is found to meet the demand for nationwide distribution of pharmaceuticals, specially-controlled medical devices provided in Article 39, paragraph (1) of the Act on Pharmaceuticals and Medical Devices, or regenerative medical products related to novel influenza, etc.;
(g) an electricity retailer as prescribed in Article 2, paragraph (1), item (iii) of the Electricity Business Act (Act No. 170 of 1964) (limited to a retailer for which it is found that any disruptions to its electricity retail as prescribed in Article 2, paragraph (1), item (ii) of that Act in terms of the number and conditions of its retail service agreements as prescribed in Article 2-13, paragraph (1) of that Act and other factors would cause significant harm to the public interest), a general electricity transmission and distribution utility as prescribed in Article 2, paragraph (1), item (ix) of that Act, an electricity transmission utility as prescribed in item (xi) of that paragraph, and an electricity generation utility as prescribed in item (xv) of that paragraph (limited to a utility for which it is found that any disruptions to its electricity generation as prescribed in item (xiv) of that paragraph in terms of the total output, the method of generation or electric discharge, and other factors related to the electric facilities for generation of electricity or similar purposes (meaning electric facilities for generation of electricity or similar purposes as prescribed in item (v), (b) of that paragraph) that the utility uses for its operations would cause significant harm to the public interest);
(h) a gas retailer as prescribed in Article 2, paragraph (3) of the Gas Business Act (Act No. 51 of 1954) (limited to a gas retailer for which it is found that any disruptions to its gas retail business as prescribed in Article 2, paragraph (2) of that Act (referred to below simply as "gas retail business" in (h)) in terms of the number and conditions of its retail service agreements as prescribed in Article 14, paragraph (1) of that Act and other factors would cause significant harm to the public interest), a general gas pipeline service provider as prescribed in paragraph (6) of that Article (limited to a gas pipeline service provider for which it is found that any disruptions to its supply of gas through its general gas pipeline service business as prescribed in paragraph (5) of that Article in terms of the number gas meters installed in its service area and other factors would cause significant harm to the public interest (excluding a general gas pipeline service provider whose service area is limited to the area of a single prefecture)), and a gas manufacturer as prescribed in paragraph (10) of that Article(limited to a gas manufacturer for which it is found that any disruptions to its gas manufacturing business as prescribed in paragraph (9) of that Article in terms of the quantity of gas produced for the gas retail business and other factors would cause significant harm to the public interest);
(i) a general passenger liner operator prescribed in Article 8, paragraph (1) of the Marine Transportation Act (Act No. 187 of 1949) that has obtained the permission referred to in Article 3, paragraph (1) of that Act;
(j) a corporation that has filed a notification pursuant to the provisions of Article 19-5, paragraph (1) or Article 20, paragraph (1) of the Marine Transportation Act and whose regular cargo shipping services prescribed in Article 2, paragraph (4) of that Act or irregular shipping services prescribed in paragraph (6) of that Article (excluding the business of transporting people) are found meet the demand mainly for freight transportation between a port in Japan and a port located outside Japan;
(k) a domestic air carrier prescribed in Article 102, paragraph (1) of the Civil Aeronautics Act (Act No. 231 of 1952) whose international air transport services prescribed in Article 2, paragraph (19) of that Act (limited to air transport services prescribed in paragraph (18) of that Article conducted between a location in Japan and a location outside of Japan) are deemed to meet the demand mainly for long-distance mass transportation based on the type of aircraft that carrier operates and other factors;
(l) a Type I railway business operator prescribed in Article 13, paragraph (1) of the Railway Business Act (Act No. 92 of 1986) for which it is found that any disruptions to the smooth transportation services that are part of the Type I railway business prescribed in Article 2, paragraph (2) of that Act operated by that operator would have an impact on the convenience of users beyond the area of a single prefecture;
(m) a coastal shipping service operator prescribed in Article 7, paragraph (1) of the Coastal Shipping Act (Act No. 151 of 1952) who engages in the business of coastal shipping prescribed in Article 2, paragraph (2), item (i) of that Act by using a vessel prescribed in Article 8, paragraph (1) of that Act;
(n) a general motor truck transportation business operator prescribed in Article 7, paragraph (1) of the Motor Truck Transportation Business Act (Act No. 83 of 1989), whose general motor truck transportation business prescribed in Article 2, paragraph (2) of that Act is found to meet the demand for freight transportation on a nationwide scale based on the number and location of its offices and other business premises, the type and number of service vehicles, and other factors;
(o) a telecommunications carrier as prescribed in Article 2, item (v) of the Telecommunications Business Act (Act No. 86 of 1984) that has been registered pursuant to Article 9 of that Act (excluding a carrier whose service area is limited to the area of a single prefecture).
(Procedures for Prohibition or Restriction of Traffic for Training)
Article 4  The procedure for prohibiting or restricting road passage of pedestrians or vehicles under Article 12, paragraph (2) of the Act is governed by the provisions of Article 20-2 of the Order for Enforcement of the Basic Act on Disaster Management (Cabinet Order No. 288 of 1962).
(Handling of Affairs by a Prefectural Governor on Behalf of the Mayor of a Municipality)
Article 4-2  The provisions of Article 30, paragraphs (2) and (3) of the Order for Enforcement of the Basic Act on Disaster Management apply mutatis mutandis to the handling of affairs by a prefectural governor on behalf of the mayor of a municipality under Article 26-2, paragraph (2) of the Act.
(Procedures for Entrustment of the Affairs of Municipalities)
Article 4-3  The provisions of Article 28 of the Order for Enforcement of the Basic Act on Disaster Management apply mutatis mutandis to the entrustment of the affairs of a municipality or affairs under the authority of the mayor of a municipality or any other enforcement authority pursuant to the provisions of Article 26-5 of the Act (including as applied pursuant to the provisions of Article 38, paragraph (1) of the Act following the deemed replacement of terms).
(Procedures for Requesting the Dispatch of Officials)
Article 4-4  The provisions of Article 15 of the Order for Enforcement of the Basic Act on Disaster Management apply mutatis mutandis to a request for the dispatch of officials under Article 26-6, paragraph (1) of the Act (including as applied pursuant to the provisions of Article 38, paragraph (1) of the Act following the deemed replacement of terms).
(Dispatch Allowance for Specified Countermeasures Against a Novel Influenza and Status and Treatment of Officials)
Article 4-5  The dispatch allowance for specified countermeasures against a novel influenza, etc. referred to in Article 32, paragraph (1) of the Basic Act on Disaster Control Management as applied mutatis mutandis pursuant to Article 26-8 of the Act following the deemed replacement of terms, and the status and treatment of officials dispatched pursuant to the provisions of Article 26-7 of the Act (including as applied following the deemed replacement of terms pursuant to Article 38, paragraph (1) of the Act) from a designated administrative organ, a designated local administrative organ, or a specified designated public institution prescribed in Article 26-6, paragraph (1) of the Act as applied following the deemed replacement of terms pursuant to Article 38, paragraph (1) of the Act are governed by the provisions of Articles 17 through 19 of Order for Enforcement of the Basic Act on Disaster Management.
(Medical Personnel Subject to Requests for the Provision of Medical Care)
Article 5  (1) The medical personnel specified by Cabinet Order referred to in Article 31, paragraph (1) of the Act are as follows:
(i) physicians;
(ii) dental practitioners;
(iii) pharmacists;
(iv) public health nurses;
(v) midwives;
(vi) nurses;
(vii) nursing assistants;
(viii) radiology technicians;
(ix) clinical laboratory technicians;
(x) clinical engineers;
(xi) emergency life-saving technicians;
(xii) dental hygienists.
(2) A person who is a manager of a medical institution and one of the medical personnel who have received a request under Article 31, paragraph (1), paragraph (2), or paragraph (3) of the Act (referred to as "request" in Article 19, paragraph (1) and Article 20, paragraph (1)) or an instruction under Article 31, paragraph (4) of the Act (referred to as "instruction" in Article 19, paragraph (1) and Article 20, paragraph (1)) is to endeavor to establish a system by utilizing medical personnel, administrative staff, and other employees of that medical institution when that person finds it necessary in order to provide medical care and other medical services for patients or suspected patients provided for in Article 31, paragraph (4) of the Act in response to that request or the instruction (referred to as "medical care and other support" in Article 19, paragraph (1), items (i) and (iii), and Article 20, paragraph (3), items (iii) and (iv)).
(Handling of Affairs Related to the Provision of Medical Care at Temporary Medical Facilities by the Mayor of a Municipality)
Article 5-2  The provisions of Article 17 of the Order for Enforcement of the Disaster Relief Act (Cabinet Order No. 225 of 1947) apply mutatis mutandis when the prefectural governor decides, pursuant to the provisions of Article 31-4, paragraph (2) of the Act, that part of the affairs concerning the implementation of the measures stated in Article 31-4, paragraph (1) of the Act is to be administered by the mayor of a municipality. In this case, the term "the provisions of the Act" in Article 17, paragraph (3) of that Order is deemed to be replaced with "the provisions of the Act on Special Measures Against Novel Influenza and the Order for Enforcement of the Act on Special Measures Against Novel Influenza."
(Requirements for a Focused Implementation of Intensive Measures for Prevention of the Spread of a Novel Influenza)
Article 5-3  (1) The requirement specified by Cabinet Order with regard to a novel influenza, etc. referred to in Article 31-6, paragraph (1) of the Act is that the frequency of occurrence of pneumonia, multi-organ failure, or encephalopathy or other serious cases specified by the Minister of Health, Labour and Welfare following infection with that novel influenza, etc. is found to be considerably higher than the frequency of occurrence of those cases following infection with the influenza stated in Article 6, paragraph (6), item (i) of the Infectious Diseases Control Law.
(2) The requirements specified by Cabinet Order for situations where a focused implementation of intensive measures for prevention of the spread of a novel influenza, etc. is necessary as stated in Article 31-6, paragraph (1) of the Act are to apply when infections with a novel influenza, etc. are found to be likely to spread in the prefecture if those intensive measures for prevention of the spread of a novel influenza, etc. are not implemented intensively based on the status of the outbreak among patients and asymptomatic carriers infected with a novel influenza, etc. (meaning the asymptomatic carriers prescribed in Article 6, paragraph (11) of the Infectious Diseases Control Law; the same applies below in this paragraph), patients and asymptomatic carriers infected with a designated infectious disease prescribed in Article 6, paragraph (8) of the Infectious Diseases Control Law (limited to patients and asymptomatic carriers included in the report prescribed in Article 14 of the Act), or persons with symptoms of a new infectious disease prescribed in Article 6, paragraph (9) of the Infectious Diseases Control Law (limited to new infectious diseases that are likely to spread rapidly nationwide) (referred to below as "patients with an infectious disease") in the prefecture where the specified area stated in that paragraph (referred to below simply as the "specified area" in this paragraph) is located, the status of the outbreak among the patients with an infectious disease or other patients who are in the prefecture and who are infected with a novel influenza, etc. or whose likely routes of infection cannot be specified, the status of the spread of infections with a novel influenza, etc. in the specified area, and other matters related to the outbreak of a novel influenza, etc., and the spread of new infections is found likely to hinder the provision of medical care within the prefecture.
(Matters Specified by Cabinet Order Referred to in Article 31-8, Paragraph (1) of the Act)
Article 5-4  The matters specified by Cabinet Order as referred to in Article 31-8, paragraph (1) of the Act are the number of patients with an infectious disease for each business category, the number of those patients with an infectious disease that have been infected due to the same cause, and other matters related to the status of outbreaks among patients with an infectious disease, or the trends or causes of outbreaks of a novel influenza, etc.
(Necessary Measures to Prevent Spreads in Priority Areas)
Article 5-5  The measures specified by Cabinet Order referred to in Article 31-8, paragraph (1) of the Act are as follows:
(i) recommending employees to undergo a test for a novel influenza, etc.;
(ii) managing and guiding persons who enter the place where they conduct business (referred to below as "entering the facilities" in this Article) to prevent infection with a novel influenza, etc.;
(iii) prohibiting persons who are showing symptoms of a novel influenza, etc. such as fever from entering the facilities;
(iv) installing hand sanitizers;
(v) sanitizing the place where the relevant persons conduct business;
(vi) informing persons entering the facilities of the measures for preventing infection with a novel influenza, etc. such as wearing masks;
(vii) prohibiting persons who do not take the measures prescribed in the preceding item without a justifiable reason from entering the facilities;
(viii) beyond what is stated in the preceding items, measures that are prescribed and specified in public notices issued by the Minister of Health, Labour and Welfare as necessary measures to prevent the spread of a novel influenza, etc. in the situation prescribed in Article 31-6, paragraph (1) of the Act.
(Matters Specified by Cabinet Order Referred to in Article 31-8, Paragraph (3) of the Act)
Article 5-6  The matters specified by Cabinet Order referred to in Article 31-8, paragraph (3) of the Act are as follows:
(i) the number of patients with an infectious disease in the business category to which the business conducted by the relevant persons belongs, the number of those patients with an infectious disease that have been infected due to the same cause, and other matters related to the status of outbreaks among patients with an infectious disease, or the trends or causes of outbreaks of a novel influenza, etc.
(ii) the degree of risk that a person will become infected due to the same cause at the place where the person conducts business;
(iii) the status of implementation of the measures related to the request under the provisions of Article 31-8, paragraph (1) of the Act with regard to the relevant person;
(iv) the day on which the period stated in Article 31-6, paragraph (1), item (i) of the Act that is specified in a public notice based on the provisions of that paragraph ends in the area that is specified by the prefectural governor stated in Article 31-8, paragraph (1) of the Act and where the place where the relevant person conducts business is located.
(Requirements for an Emergency in Response to a Novel Influenza, etc.)
Article 6  The requirements specified by Cabinet Order with regard to an emergency in response to a novel influenza, etc. as stated in Article 32, paragraph (1) of the Act are to apply to cases where infections with a novel influenza, etc. are found to have spread or led to an epidemic beyond the area of one prefecture, and it is found that there is a prefecture where the spread of infections or an epidemic has hindered the provision of medical care, based on the status of the outbreak among patients with an infectious disease in the prefecture, the status of the outbreak among those patients with an infectious disease whose routes or likely routes of infection with a novel influenza, etc. cannot be specified, and other circumstances of the outbreak of a novel influenza, etc.
Articles 7 through 10  Deleted
(Facilities Subject to Requests for Restrictions on Their Use)
Article 11  (1) The facilities used by a large number of people specified by Cabinet Order referred to in Article 45, paragraph (2) of the Act are as follows; provided, however, that, for the facilities stated in items (iii) through (xiv), this is limited to buildings with a total floor area exceeding 1,000 square meters:
(i) schools (excluding those stated in item (iii));
(ii) daycare centers, long-term care health facilities, or any other adult daycare centers or short-term care facilities that provide welfare services or health and medical services (limited to the parts used for adult daycare or short-term care);
(iii) universities as prescribed in Article 1 of the School Education Act (Act No. 26 of 1947), specialized training colleges as prescribed in Article 124 of that Act (excluding the upper secondary courses prescribed in the Article 125, paragraph (1) of that Act), miscellaneous schools as prescribed in the Article 134, paragraph (1) of that Act, or any other similar educational facilities;
(iv) theaters, grandstands, movie theaters, or entertainment halls;
(v) assembly halls or public halls;
(vi) exhibition halls;
(vii) department stores, markets, and other establishments that sell goods (excluding areas where foods, pharmaceuticals, medical devices, personal protective equipment (meaning the personal protective equipment provided for in Article 53-16, paragraph (1) of the Infectious Diseases Control Law; the same applies in Article 14, item (iii)), other sanitary goods, regenerative medical products, fuels, and other items specified by the Minister of Health, Labour and Welfare as essential goods for daily life are sold);
(viii) hotels or traditional Japanese inns (limited to the parts used for gatherings);
(ix) gymnasiums, swimming areas, bowling alleys, or other similar athletic or amusement facilities;
(x) museums, art galleries, or libraries;
(xi) cabarets, nightclubs, dance halls, and other similar amusement facilities;
(xii) barbershops, pawn shops, clothing rental services, or other similar services;
(xiii) driving schools, cram schools, or other similar facilities that provide learning support services;
(xiv) restaurants, coffee shops, or any other facilities set up for the purpose of serving food and drink to customers (excluding those falling under item (xi));
(xv) the facilities stated in items (iii) through (xiv) whose total floor area of the buildings that are part of those facilities does not exceed 1,000 square meters, and which are prescribed and specified in public notices issued by the Minister of Health, Labour and Welfare as facilities for which it is particularly necessary to make a request under Article 45, paragraph (2) of the Act in order to prevent the spread of a novel influenza, etc., based on the status, trends, or causes of the outbreak of a novel influenza, etc., or based on the social circumstances, during an emergency in response to a novel influenza, etc.
(2) When the Minister of Health, Labour and Welfare seeks to designate a facility stated in item (xv) of the preceding paragraph, the Minister must hear the opinions of persons with expert knowledge on infectious diseases and other persons with relevant expertise in advance.
(Necessary Measures to Prevent Infections)
Article 12  The measures specified by Cabinet Order referred to in Article 45, paragraph (2) of the Act are as follows.
(i) recommending employees to undergo with a test for a novel influenza, etc.;
(ii) managing and guiding persons entering the facilities to prevent infections with a novel influenza, etc.;
(iii) prohibiting persons who are showing symptoms of a novel influenza, etc. such as fever from entering the facilities ;
(iv) installing hand sanitizers;
(v) sanitizing facilities;
(vi) informing persons entering the facilities of the measures for preventing infection with a novel influenza, etc. such as wearing masks;
(vii) prohibiting persons who do not take the measures prescribed in the preceding item without a justifiable reason from entering the facilities;
(viii) beyond what is stated in the preceding items, measures that are prescribed and specified in public notices issued by the Minister of Health, Labour and Welfare as necessary measures to prevent infections with a novel influenza, etc. in an emergency in response to a novel influenza, etc.
(Matters Specified by Cabinet Order Referred to in Article 45, Paragraph (3) of the Act)
Article 13  The matters specified by Cabinet Order referred to in Article 45, paragraph (3) of the Act are as follows:
(i) the number of patients with an infectious disease at a facility of the same type as the relevant facility, the number of those patients with an infectious disease that have been infected due to the same cause, and other matters related to the status of outbreaks among patients with an infectious disease, or the trends or causes of outbreaks of a novel influenza, etc.;
(ii) the degree of risk that a person will become infected due to the same cause at the relevant facility;
(iii) the status of implementation of the measures related to the request under the provisions of Article 45, paragraph (2) of the Act with regard to the relevant facility manager or user;
(iv) the day on which the period stated in Article 32, paragraph (1), item (i) of the Act that is specified in a public notice based on the provisions of that paragraph ends in the prefecture where the relevant facility is located.
(Supplies Necessary for Implementing Emergency Measures Against a Novel Influenza)
Article 14  The supplies specified by Cabinet Order referred to in Article 55, paragraph (1) of the Act are as follows:
(i) pharmaceuticals (in the case of anti-viral drugs for influenza, limited to when the Minister of Health, Labour and Welfare independently implements measures under Article 55, paragraphs (1) through (3) of the Act pursuant to the provisions of paragraph (4) of that Article);
(ii) food;
(iii) medical devices, personal protective equipment, and other sanitary supplies;
(iv) regenerative medical products;
(v) fuel;
(vi) beyond what is stated in the preceding items, supplies that are prescribed and included in public notices issued by the Prime Minister as necessary for implementing emergency measures against a novel influenza, etc. during an emergency in response to a novel influenza, etc.
(Special Provisions for Procedures Referred to in Article 5 and Article 14 of the Act on Cemetery and Burial)
Article 15  The provisions of Article 34 of the Order for Enforcement of the Act on Measures to Protect the People in Armed Attack Situations (Cabinet Order No. 275 of 2004) apply mutatis mutandis to cases where the Minister of Health, Labour and Welfare specifies special provisions for the procedures prescribed in Article 5 and Article 14 of the Act on Cemetery and Burial (Act No. 48 of 1948) pursuant to the provisions of Article 56, paragraph (1) of the Act.
(Handling of Affairs Related to Burials or Cremations by the Mayor of a Specified Municipality)
Article 16  The provisions of Article 17 of the Order for Enforcement of the Disaster Relief Act apply mutatis mutandis to when the specified prefectural governor has decided, pursuant to the provisions of Article 56, paragraph (3) of the Act, that the mayor of a specified municipality is to conduct part of the affairs concerning the implementation of the measures stated in paragraph (2) of Article 56 of the Act. In this case, the term "the provisions of the Act" in Article 17, paragraph (3) of that Order is deemed to be replaced with "the provisions of the Act on Special Measures Against Novel Influenza (Act No. 31 of 2012) and the Order for Enforcement of the Act on Special Measures Against Novel Influenza (Cabinet Order No. 122 of 2013).
(Financial Institutions Specified by Cabinet Order)
Article 17  The financial institutions specified by Cabinet Order referred to in Article 60 of the Act are as follows:
(i) Japan Finance Organization for Municipalities;
(ii) Development Bank of Japan;
(iii) The Norinchukin Bank;
(iv) The Shoko Chukin Bank, Ltd..
(Application Procedures for Compensation for Loss)
Article 18  (1) A person that seeks to receive compensation for a loss under the provisions of Article 62, paragraph (1) of the Act must submit a written application for compensation for loss to the person specified in the relevant item below for the category of the disposition stated in that item:
(i) a disposition under the provisions of Article 29, paragraph (5) of the Act: the chief of a designated quarantine station who implemented the disposition;
(ii) a disposition under the provisions of Article 31-5 of the Act: the prefectural governor who implemented the disposition;
(iii) a disposition under the provisions of Article 49 or Article 55, paragraph (2) or (3) of the Act: the governor of a specified prefecture who implemented the disposition;
(iv) a disposition under Article 55, paragraph (4) of the Act (excluding the part related to paragraph (1) of that Article): the head of a designated administrative organ or the head of a designated local administrative organ that implemented the disposition.
(2) Upon accepting a written application for compensation for loss under the preceding paragraph, the person specified in each of the items of that paragraph must determine whether or not there is any loss to be compensated, and if there is, they must determine the amount of compensation, and notify the applicant of those facts without delay.
(3) The following information must be stated in the written application for compensation for loss specified in paragraph (1):
(i) the name and address of the person who seeks to receive the compensation for loss (for a corporation, its name, the name of its representative, and the location of its principal office);
(ii) the amount requested and a breakdown of that amount;
(iii) the date and time or the period when the loss occurred;
(iv) the area or place where the loss occurred;
(v) the details of the loss.
(Standards for Reimbursement of Actual Costs)
Article 19  (1) The standards specified by Cabinet Order referred to in Article 62, paragraph (2) of the Act are as follows:
(i) an allowance is to be paid according to the time during which medical care or other support is provided upon the relevant request or in accordance with the relevant instructions;
(ii) if the person who made the request or gave the instructions is the Minister of Health, Labour and Welfare, the amount of the allowance stated in the preceding item is to be determined based on the salaries of medical personnel who are national public employees in regular service, and if the person who made the request or gave the instructions is a prefectural governor, that amount is to be determined based on the salaries of medical personnel who are full-time employees of the prefecture governed by that prefectural governor.
(iii) notwithstanding the provisions of item (i), if a member of the medical personnel provides medical care or other support for more than eight hours per day, a premium allowance is to be paid for the time exceeding the eight hours, and if that member temporarily travels away from the domicile or residence in order to provide medical care or other support, travel expenses are to be paid;
(iv) the amounts of the premium allowance and travel expenses stated in the preceding item are to be calculated based on the amount of the allowance stated in item (i), and, if the person who made the request or gave the instructions is the Minister of Health, Labour and Welfare, in accordance with the calculation examples of the overtime allowance and travel expenses paid to medical personnel who are national public employees in regular service or, if the person who made the request or instruction is a prefectural governor, in accordance with the calculation examples of the overtime allowance and travel expenses paid to medical personnel who are full-time employees of the prefecture governed by that prefectural governor.
(2) The provisions of the preceding paragraph apply mutatis mutandis to the standards specified by Cabinet Order referred to in Article 62, paragraph (3) of the Act. In this case, the term "request" in item (i) of the preceding paragraph is deemed to be replaced with "request under the provisions of Article 31-2, paragraph (1) or Article 31-3, paragraph (1) of the Act (referred to as "request" in the following item and item (iv))", the term "medical care and other support is provided upon the relevant request or in accordance with the relevant instructions" is deemed to be replaced with "collection of specimens provided for in Article 31, paragraph (2) of the Act is performed or injections provided for in Article 31-2, paragraph (1) of the Act are administered (referred to as "collection of specimens or administration of injections" in item (iii))", the term "the person who made the request or gave the instructions is the Minister of Health, Labour and Welfare" in item (ii) of the preceding paragraph is deemed to be replaced with "the Minister of Health, Labour and Welfare made the request independently", the term "the salaries of medical personnel" is deemed to be replaced with "the salaries of dental practitioners, radiology technicians, clinical laboratory technicians, clinical engineers, or emergency life-saving technicians (referred to below as a" dental practitioners or other technicians and engineers" in this item and item (iv))", the term " if the person who made the request or gave the instructions is a prefectural governor" is deemed to be replaced with "if the Minister of Health, Labour and Welfare and a prefectural governor made the request jointly", the term "medical personnel who are full-time employees" is deemed to be replaced with "dental practitioners or other technicians and engineers who are full-time employees", the terms "provides medical care and other support" and "provide medical care and other support or" in item (iii) of the preceding paragraph are deemed to be replaced with "performs collection of specimens or administration of injections" and "perform collection of specimens or administration of injections", respectively, the term "the person who made the request or gave the instructions is the Minister of Health, Labour and Welfare" in item (iv) of that paragraph is deemed to be replaced with "the request was made independently by the Minister of Health, Labour and Welfare", the term "medical personnel" is deemed to be replaced with "dental practitioners or other technicians and engineers", and the term "if the person who made the request or instruction is a prefectural governor" is deemed to be replaced with "if the Minister of Health, Labour and Welfare and a prefectural governor made the request jointly".
(Procedures for Applying for Reimbursement of Actual Costs)
Article 20  (1) A person who seeks to receive reimbursement of actual costs pursuant to the provisions of Article 62, paragraph (2) of the Act must submit a written application for reimbursement of actual costs to the Minister of Health, Labour and Welfare or the prefectural governor who made the request or gave the relevant instructions.
(2) When the Minister of Health, Labour and Welfare or a prefectural governor has accepted an application for reimbursement of actual costs stated in the preceding paragraph, they must determine whether or not there are any actual costs to be reimbursed, and if there are, the amount to be reimbursed, and notify the applicant of those facts without delay.
(3) The following information must be stated in the application for reimbursement of actual costs referred to in paragraph (1):
(i) the name and address of the person who seeks to receive reimbursement of the actual costs;
(ii) the amount requested and a breakdown of that amount;
(iii) the period and location of the medical care and other support that the person provided
(iv) the details of the medical care and other support that the person provided;
(4) The provisions of the preceding three paragraphs apply mutatis mutandis to the reimbursement of actual costs under the provisions of Article 62, paragraph (3) of the Act. In this case, the term "the Minister of Health, Labour and Welfare or the prefectural governor who made the request or gave the instructions" in paragraph (1) is deemed to be replaced with "the Minister of Health, Labour and Welfare if the request under the provisions of Article 31-2, paragraph (1) or Article 31-3, paragraph (1) of the Act was made independently by the Minister of Health, Labour and Welfare, and to the prefectural governor if those requests were made jointly by the Minister of Health, Labour and Welfare and the prefectural governor, respectively", the term "medical care and other support" in item (iii) of the preceding paragraph is deemed to be replaced with "collection of specimens provided in Article 31, paragraph (2) of the Act or administration of injections provided in Article 31-2, paragraph (1) of the Act (referred to as "collection of specimens or administration of injections" in the following item)", and the term "medical care and other support" in item (iv) of the same paragraph is deemed to be replaced with "collection of specimens or administration of injections".
(Amount of Compensation for Damage)
Article 21  The amount of compensation for damage under the provisions of Article 63, paragraph (1) of the Act is to be calculated pursuant to the provisions of the Order for Enforcement of the Disaster Relief Act related to assistance allowance.
(Procedures for Applying for Compensation for Damage)
Article 22  (1) A person who seeks to receive compensation for damage under Article 63, paragraph (1) of the Act must submit a written application for compensation for damage to the prefectural governor who made a request under Article 31, paragraph (1) of the Act or have instructions under paragraph (4) of that Article.
(2) When a prefectural governor stated in the preceding paragraph has accepted an application for compensation for damage specified in that paragraph, the governor must determine whether or not there is any damage to be compensated, and if there is, determine the amount of compensation, and notify the applicant of those facts without delay.
(3) The following information must be stated in the written application for compensation for damage referred to in paragraph (1):
(i) the name and address of the person who seeks to receive compensation for damage;
(ii) the name and address of the person who has sustained an injury, contracted a disease, or died;
(iii) the date and time of the injury, illness, or death, and the location where it occurred;
(iv) the circumstances of the injury, illness, or death;
(v) in the case of death, the situation of the bereaved family.
(Burden on the National Treasury)
Article 23  (1) The share of the national treasury under Article 69 of the Act is to be borne in the following amounts:
(i) with regard to the expenses required for the measures prescribed in Article 31-4, paragraph (1) and Article 56, paragraph (2) of the Act that are paid by a prefecture pursuant to the provisions of Article 65 of the Act, the amount calculated according to the standards specified by the Minister of Health, Labour and Welfare as the expenses required for remuneration for physicians, medicine, materials, burials, cremations, and other purposes (if the amount so calculated exceeds the amount of actual expenses (if there are any donations for the expenses, the amount obtained after deducting the amount of those donations), the amount of actual expenses);
(ii) with regard to the expenses that are required for the measures prescribed in Article 62, paragraphs (1) through (3) and Article 63, paragraph (1) of the Act and that are paid by the prefecture pursuant to the provisions of Article 65 of the Act, the amount of the relevant actual expenses.
(2) If the Minister of Health, Labour and Welfare seeks to establish the standards prescribed in item (i) of the preceding paragraph, the Minister must consult with the Minister for Internal Affairs and Communications and the Minister of Finance in advance.
(Amount to Be Borne by Local Governments for Each Expense)
Article 23-2  The amount to be borne by a prefecture or municipality for each of the expenses stated in the items of Article 69-2, paragraph (1) of the Act as prescribed in paragraph (2) of that Article is the sum of the amounts calculated pursuant to the following provisions for each fiscal year:
(i) with regard to expenses paid or subsidized by a prefecture (including expenses paid or subsidized by a city or special ward that has established a public health center pursuant to the provisions of Article 58 (excluding items (xii) and (xvii)) or Article 60, paragraph (3) (limited to the part related to the agreement on measures for testing and other matters prescribed in Article 36-6, paragraph (1) of the Infectious Diseases Control Law) of the Infectious Diseases Control Law as applied as applied following the deemed replacement of terms pursuant to the provisions of Article 64, paragraph (1) of the Infectious Diseases Control Law), the amount obtained by deducting the amount to be borne, subsidized, or provided as a grant by the national government from the relevant expenses;
(ii) with regard to the expenses borne by a prefecture for part of the expenses paid by a municipality, the amount obtained by deducting the amount borne by the national government from the expenses borne by that prefecture;
(iii) with regard to expenses paid by a municipality, the amount obtained by deducting the amount borne by the prefecture from the relevant expenses.
(Method of Delivering Special Grants by Expense)
Article 23-3  (1) The national government is to deliver grants by dividing the amount of special grants (meaning the amount of special grants prescribed in Article 69-2, paragraph (2) of the Act; the same applies below in this Article) for a prefecture or municipality by each of the expenses stated in the items of Article 69-2, paragraph (1) of the Act using the formula below, and adding the ratio of the special grant amount so divided (referred to as the "grant amounts by expense" in the following Article) to the total amount of the relevant expenses to the ratio at which the national government bears, subsidizes, or delivers grants for these expenses.
Amount borne by the prefecture or the municipality for each of the expenses stated in the items of Article 69-2, paragraph (1) of the Act multiplied by the amount of special grants delivered to the prefecture or municipality divided by total sum of the amounts borne by the prefecture or municipality for each of the expenses stated in the items of Article 69-2, paragraph (1) of the Act
(Grants Delivered by the National Government for the Grant Amounts by Expense)
Article 23-4  Grants for the grant amounts by expense are to be delivered within the relevant fiscal year at the same time as the amounts to be borne, subsidized, or delivered as grants by the national government that are to cover the expenses stated in the items of Article 69-2, paragraph (1) of the Act and are delivered every fiscal year; provided, however, that if it is found that there are unavoidable circumstances due to special reasons, grants may be granted in the following fiscal year or later.
(Local Governments Provided for by Cabinet Order)
Article 23-5  (1) The local governments provided for by Cabinet Order referred to in Article 70-2, paragraph (1) of the Act are as follows:
(i) prefectures, cities with public health centers, and special wards;
(ii) municipalities designated by the Minister for Internal Affairs and Communications as municipalities whose financial operation is being or is likely to be significantly affected by an outbreak of a novel influenza, etc. (excluding the municipalities stated in the preceding item).
(2) Municipalities stated in item (ii) of the preceding paragraph are to be included in a public notice issued the Minister for Internal Affairs and Communications.
(3) When the local government bonds stated in Article 70-2, paragraph (1) of the Act have been accepted with fiscal loan funds, the fixed interest rate of government bonds is to be based on the fixed interest rate of local government bonds issued pursuant to the provisions of Article 5, item (iv) of the Local Government Finance Act (Act No. 109 of 1948) concerning underwriting of the fiscal loan funds in the fiscal year when the local government bonds are issued.
(4) When local government bonds under to in Article 70-2, paragraph (1) of the Act have been accepted with fiscal loan funds, the method of redemption for the local government bonds is to be made in semi-annual installments within ten years following the fiscal year when the relevant local government bonds were issued (including the unredeemable period of years or less).
(Persons to Receive a Requisition Order)
Article 24  A requisition order under the provisions of Article 71, paragraph (1) of the Act is to be served to the persons specified in the following items in accordance with the category of the disposition stated in each of those items:
(i) use of a designated hospital or another healthcare facility (meaning a designated hospital or another healthcare facility prescribed in Article 29, paragraph (5) of the Act; the same applies below in this item): the administrator of the designated hospital or another healthcare facility
(ii) use of land, houses, or goods: the owners and possessors of the land, houses, or goods to be used;
(iii) expropriation of specified supplies (meaning the specified supplies prescribed in Article 55, paragraph (1) of the Act; the same applies below in this item and the following item): the owner and possessor of the specified supplies to be expropriated;
(iv) an order to store specified supplies: the person to store the specified supplies.
(Cases Where a Requisition Order May Be Served Subsequently)
Article 25  The cases specified by Cabinet Order referred to in the proviso to Article 71, paragraph (1) of the Act are as follows:
(i) cases as prescribed in (a) or (b) below for the category of disposition stated in (a) or (b):
(a) use of land: if the location of the person to receive the requisition order is unknown;
(b) use of a house or supplies: if the possessor of the house or goods to be used has been served with a requisition order (but only if the possessor is not the owner), and the location of the owner is unknown;
(ii) if it is found to be too difficult to implement a disposition by serving the recipient with a requisition order because the person to receive the requisition order resides in a remote place or for any other reason, and the recipient has been informed of the details of the requisition order.
(Procedures for Subsequent Serving of Requisition Orders)
Article 26  (1) If a chief of a designated quarantine station, the governor of a specified prefecture, the head of a designated administrative organ, or the head of a designated local administrative organ has implemented a disposition pursuant to the proviso to Article 71, paragraph (1) of the Act in the case provided for in item (i) of the preceding Article, and becomes aware of the location of the person to receive of the requisition order, the chief, governor, or head is to serve the recipient with the requisition order without delay.
(2) If a chief of a designated quarantine station, the governor of a specified prefecture, the head of a designated administrative organ, or the head of a designated local administrative organ has notified the recipient of the requisition order of the details of the requisition order in the case stated in item (ii) of the preceding Article, the chief, governor, or head is to serve the recipient with the requisition order without delay.
(Serving Requisition Cancellation Orders)
Article 27  If a chief of a designated quarantine station, the governor of a specified prefecture, the head of a designated administrative organ, or the head of a designated local administrative organ voids all or part of the dispositions related to a requisition order after serving that order pursuant to the provisions of Article 71, paragraph (1) of the Act, the chief, governor, or head must serve the recipient of that requisition order with a requisition cancellation order without delay.
(Form of Requisition Orders)
Article 28  (1) A requisition order stated in Article 71, paragraph (1) of the Act must include the following information in addition to the matters stated in the items of Article 81, paragraph (2) of the Basic Act on Disaster Management as applied mutatis mutandis pursuant to Article 71, paragraph (2) of the Act:
(i) the number of the requisition order;
(ii) the date on which the requisition order was served;
(iii) the chief of a designated quarantine station, the governor of a specified prefecture, the head of a designated administrative organ, or the head of a designated local administrative organ who is to implement the disposition;
(iv) the reason for implementing the disposition.
(2) The following information must be stated in the requisition cancellation order referred to in the preceding Article:
(i) the number of the requisition cancellation order;
(ii) the date on which the requisition cancellation order was served;
(iii) the name and address of the recipient of the requisition cancellation order (if the recipient is a corporation, its name and the location of its principal office);
(iv) the number of the requisition order related to the voided disposition and the date on which that requisition was served;
(v) the details of the voided disposition;
(vi) the chief of a designated quarantine station, the governor of a specified prefecture, the head of a designated administrative organ, or the head of a designated local administrative organ who voided the disposition.
(3) Beyond what is provided for in the preceding two paragraphs, the form of a requisition order and requisition cancellation order is prescribed by the Prime Minister.
(Classification of Affairs)
Article 29  The affairs to be handled by local governments pursuant to the provisions of this Cabinet Order (excluding those to be handled by the prefectural police pursuant to the provisions of Article 20-2 of the Order for Enforcement of the Basic Act on Disaster Management, which is to govern pursuant to the provisions of Article 4, and those to be handled by local governments pursuant to the provisions of Article 28, paragraph (4) of that Order as applied mutatis mutandis pursuant to Article 4-3) are to be the Type 1 statutory entrusted functions prescribed in Article 2, paragraph (9), item (i) of the Local Autonomy Act (Act No. 67 of 1947).