Act on the Comprehensive Promotion of Policies Concerning Kanemi Oil Disease Patients(Act No. 82 of 2012)
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The Act on the Comprehensive Promotion of Policies Concerning Kanemi Oil Disease Patients is hereby promulgated.
Act on the Comprehensive Promotion of Policies Concerning Kanemi Oil Disease Patients
Act No. 82 of September 5, 2012
Table of Contents
Chapter I General Provisions (Articles 1 through 7)
Chapter II Basic Guidelines (Article 8)
Chapter III Basic Policies (Articles 9 through 13)
Supplementary Provisions
Chapter I General Provisions
(Purpose)
Article 1The purpose of this Act is to comprehensively promote policies concerning Kanemi oil disease patients, by establishing basic principles for the policies, clarifying the responsibilities of the national government, relevant local governments, company that caused the disease, and the people, and providing for the formulation of basic guidelines, as well as specifying the matters that serve as the basis of policies concerning Kanemi oil disease patients, in consideration of the special health damage caused by the ingestion, etc. of polychlorinated biphenyls and dioxins through food or other circumstances faced by Kanemi oil disease patients.
(Definitions)
Article 2(1)The term "polychlorinated biphenyls and dioxins" as used in this Act means polychlorinated biphenyls and dioxins derived from them (meaning dioxins as defined in Article 2, paragraph (1) of the Act on Special Measures against Dioxins (Act No. 105 of 1999)).
(2)The term "Kanemi oil disease" as used in this Act means a disease caused by the ingestion of food oil contaminated with polychlorinated biphenyls and dioxins, which occurred mainly in the Kyushu region in 1968 (referred to as the "Kanemi Oil Incident" below).
(3)The term "Kanemi oil disease patients" as used in this Act means a person that contracted Kanemi oil disease.
(4)The term "company that caused the disease" as used in this Act means the manufacturer of the edible oil that caused Kanemi oil disease to occur.
(Basic Principles)
Article 3The policies concerning Kanemi oil disease patients must be implemented based on the following basic principles:
(i)to ensure that Kanemi oil disease patients may equally receive appropriate medical treatment depending on their conditions, regardless of which region they live in, and also ensure that the quality of life of Kanemi oil disease patients will be maintained and improved;
(ii)to improve skills related to the diagnosis, treatment, and other medical care of the Kanemi oil disease, as well as disseminate, utilize, and develop their results, through promoting specialized, interdisciplinary, and comprehensive research on Kanemi oil disease;
(iii)in promoting policies concerning Kanemi oil disease patients, to give consideration so that the human rights of Kanemi oil disease patients and their families (referred to as "Kanemi oil disease patients and their families" below) are respected, and that Kanemi oil disease patients and their families are not discriminated due to the fact that they are Kanemi oil disease patients and their families; and
(iv)to ensure that the support to be provided by the national government to the company that caused the disease is provided for the aim of contributing to the maintenance and improvement of the quality of life of Kanemi oil disease patients.
(Responsibilities of the National Government)
Article 4The national government has the responsibility to comprehensively formulate and implement policies concerning Kanemi oil disease patients in conformity to the basic principles referred to in the preceding Article.
(Responsibilities of Relevant Local Governments)
Article 5The relevant local governments have the responsibility to formulate and implement policies concerning Kanemi oil disease patients which are in accordance with the characteristics of each region by coordinating with the national government, in conformity to the basic principles referred to in Article 3.
(Responsibilities of the Company that Caused the Disease)
Article 6The company that caused the disease has the responsibility to pay the medical expenses of Kanemi oil disease patients and faithfully provide support to Kanemi oil disease patients for their recovery from the damage caused by the Kanemi Oil Disease Incident, as well as cooperate with the national government and relevant local governments in implementing the policies concerning Kanemi oil disease patients.
(Responsibilities of the People)
Article 7The people must endeavor to have accurate knowledge of the Kanemi oil disease and to give consideration so that Kanemi oil disease patients and their families are not discriminated due to the fact that they are Kanemi oil disease patients and their families.
Chapter II Basic Guidelines
Article 8(1)The Minister of Health, Labour and Welfare and the Minister of Agriculture, Forestry and Fisheries must formulate basic guidelines on the promotion of policies concerning Kanemi oil disease patients (referred to as "basic guidelines" below), in order to comprehensively promote the policies concerning Kanemi oil disease patients.
(2)The basic guidelines are to specify the following matters:
(i)the basic direction of the policies concerning Kanemi oil disease patients;
(ii)matters concerning the payment of medical expenses of Kanemi oil disease patients by the company that caused the disease and any other support for the recovery of Kanemi oil disease patients from the damage caused by the Kanemi Oil Disease Incident;
(iii)matters concerning understanding of health conditions of Kanemi oil disease patients;
(iv)matters concerning the review of diagnostic criteria for Kanemi oil disease, and its investigation and research;
(v)matters concerning the securing of a system for providing medical care for Kanemi oil disease patients;
(vi)matters concerning the development of a system for collecting and providing information on the symptoms, treatment, and other medical care of Kanemi oil disease and the promotion of consultation support for Kanemi oil disease patients and their families; and
(vii)other important matters on policies concerning Kanemi oil disease patients.
(3)When the Minister of Health, Labour and Welfare and the Minister of Agriculture, Forestry and Fisheries intend to formulate basic guidelines, they are to deliberate with the heads of the relevant administrative organs in advance.
(4)When the Minister of Health, Labour and Welfare and the Minister of Agriculture, Forestry and Fisheries have formulated the basic guidelines, they must publicize them using the internet or by other appropriate means, without delay.
(5)The provisions of the preceding two paragraphs apply mutatis mutandis to changes to the basic guidelines.
Chapter III Basic Policies
(Support for Payment of Medical Expenses)
Article 9The national government is to implement necessary policies for supporting the payment of medical expenses to Kanemi oil disease patients by the company that caused the disease and for supporting the recovery of Kanemi oil disease patients from the damage caused by the Kanemi Oil Disease Incident, so that Kanemi oil disease patients may receive appropriate medical treatment as necessary, and maintain and improve the quality of their life by achieving recovery from the damage caused by the Kanemi Oil Disease Incident.
(Understanding Health Conditions)
Article 10The national government is to implement necessary policies for understanding the health conditions of Kanemi oil disease patients, in order to promote investigation and research on the Kanemi oil disease.
(Review of Diagnostic Criteria and Promotion of Investigation and Research)
Article 11The national government is to implement necessary policies for ensuring that reviews based on scientific knowledge of the diagnostic criteria for Kanemi oil disease to be conducted, investigation and research on treatment and other medical care to be promoted, and that their results will be utilized.
(Securing a Medical Care Provision System)
Article 12The national government and the relevant local governments are to implement necessary policies for developing a coordination and cooperation system between medical institutions and the company that caused the disease, so that Kanemi oil disease patients may equally receive appropriate medical treatment on Kanemi oil disease depending on their conditions, regardless of which region they live in.
(Establishment of a System for Collecting and Providing Information)
Article 13The national government and the relevant local governments are to implement necessary policies for developing a system for collecting and providing information on the symptoms, treatment, and other medical care of Kanemi oil disease, and for promoting consultation support for Kanemi oil disease patients, and their families.
Supplementary Provisions
(Effective Date)
Article 1This Act comes into effect on the date of promulgation.
(Reviews)
Article 2After approximately three years from the enforcement of this Act, the government is to review the appropriate policies that should be implemented for Kanemi oil disease patients, by taking into account the enforcement status of this Act and from the viewpoint of improving the welfare of Kanemi oil disease patients, and is to take necessary measures based on the results of the review.
Article 3If it becomes clear that it will be difficult for the company that caused the disease to continue its business due to changes in the economic and social environment or any other circumstances, the provisions of this Act are to be promptly reviewed and necessary measures are to be taken based on the results of that review.