Rules on Outside Work, etc. of Physicians and Dentists on Staff under Article 55-17, Paragraph (1) of the Immigration Control and Refugee Recognition Act
出入国管理及び難民認定法第五十五条の十七第一項の規定による医師等職員の兼業等に関する規則
When a physician or dentist on the staff of an immigration detention center or a regional immigration services bureau may be approved to practise medicine outside the service (部外診療): the facilities that count, the conditions for approval, the written application and the register of approvals.
- Text in force since
- Promulgated
- Articles
- 4
- Amendments on the way
- 0
What this law does
- Under Article 55-17(1) of the Immigration Control and Refugee Recognition Act, a physician or dentist on the staff of an immigration detention center or a regional immigration services bureau, paid on the Medical Service Salary Schedule (I), who wants to practise at an outside hospital, clinic or similar facility during regular working hours or for pay may seek the approval of the Commissioner of the Immigration Services Agency. This Order sets the details that Article leaves to a joint Order of the Cabinet Secretariat and the Ministry of Justice (内閣官房令・法務省令).(Enacting Stmt. 1, Immigration Control and Refugee Recognition Act Art. 55-17(1), Immigration Control and Refugee Recognition Act Art. 55-17(1)(i), Immigration Control and Refugee Recognition Act Art. 55-17(1)(ii)) (the provisions it rests on)
Read the full overview
- Outside practice in that sense excludes practice at a facility whose staff are national public employees, practice while also serving as an officer, adviser or councillor of an organization, and practice in a for-profit private business the physician or dentist runs.(Immigration Control and Refugee Recognition Act Art. 55-17(1)) (the provisions it rests on)
- Besides hospitals and clinics, the facilities that count are workplaces that must appoint an industrial physician () under the Industrial Safety and Health Act, long-term care health facilities (介護老人保健施設), facilities that examine bodies handled by the police and the Japan Coast Guard to find the cause of death or identity, facilities where the physician works as a medical examiner (監察医) or as a designated psychiatrist (精神保健指定医), and others the Commissioner sets in consultation with the Prime Minister.(Art. 1(1), Art. 1(1)(i), Art. 1(1)(ii), Art. 1(1)(iii), Art. 1(1)(iv), Art. 1(1)(v), Art. 1(1)(vi), Industrial Safety and Health Act Art. 13(1)) (the provisions it rests on)
- The Commissioner may approve outside practice only if all of these hold: it helps maintain and improve the skills needed for the health and medical care of detainees; fatigue or other physical or mental strain from it is not likely to harm the efficient performance of duties; it is not likely to damage trust in them as a national public employee or bring dishonour on the service; and, where it means being away during regular working hours, it does not hinder the work of the service.(Art. 2(1), Art. 2(1)(i), Art. 2(1)(ii), Art. 2(1)(iii), Art. 2(1)(iv), Immigration Control and Refugee Recognition Act Art. 55-37(1)) (the provisions it rests on)
- The application is made in writing, stating the physician's or dentist's name, address, post and salary grade, their regular working hours, the outside facility and the job title there, the hours, work and expected period of the outside practice, whether and why they will be away during regular working hours, the pay if any, the reasons for it, and any other relevant matter.(Art. 3(1), Art. 3(1)(i), Art. 3(1)(ii), Art. 3(1)(iii), Art. 3(1)(iv), Art. 3(1)(v), Art. 3(1)(vi), Art. 3(1)(vii), Art. 3(1)(viii)) (the provisions it rests on)
- Under the Immigration Control and Refugee Recognition Act, once a physician or dentist is approved, Article 101(1), first sentence, of the National Public Service Act (国家公務員法), a separate Act, does not apply to the time they are away from regular duty for the approved practice, and paid practice needs no permission under Article 104 of that Act. Their pay is reduced by the hourly rate for each hour away.(Immigration Control and Refugee Recognition Act Art. 55-17(2), Immigration Control and Refugee Recognition Act Art. 55-17(3), Immigration Control and Refugee Recognition Act Art. 55-17(4)) (the provisions it rests on)
Outside medical practiceFacilities that countConditions for approvalApplicationRegister of approvals
Amendments
A Japanese law is changed by another law or order that rewrites it — an . e-Gov records no amendment to this law. This law's amendments page lists every amendment e-Gov records and, for those whose changes this site has read, shows them provision by provision, in Japanese and English.
e-Gov's record of amendments also lists the day this law as first made came into force, 10 June 2024. That is not an amendment.
Who it applies to
It applies to
- Physicians and dentists on the staff of immigration detention centers and regional immigration services bureaus, paid on the Medical Service Salary Schedule (I), who seek approval for outside practice.(Art. 3(1)(i), Immigration Control and Refugee Recognition Act Art. 55-17(1)) (the provisions it rests on)
How it is enforced (3)
- The Commissioner of the Immigration Services Agency decides each application, and may approve it only where satisfied that every condition is met.(Art. 2(1)) (the provisions it rests on)
- The Commissioner keeps a register of approvals, recording the date of approval, the physician's or dentist's name, post and salary grade, the outside facility and the job title there, and the expected period.(Art. 4(1), Art. 4(1)(i), Art. 4(1)(ii), Art. 4(1)(iii), Art. 4(1)(iv)) (the provisions it rests on)
- This Order sets no penalties.(Art. 2(1), Art. 3(1)) (the provisions it rests on)
How it connects to other laws
Cites this lawLawThis law cites it
It also names 1 law not yet held here.
Where the translation comes from
- 32
The Ministry of Justice's translation is shown only where the Japanese it translates matches the law in force today. Everywhere else the English is a machine translation, marked on the paragraph itself.
Only the Japanese is the law, and no lawyer has reviewed the machine translation.
Sources
Everything this page rests on
- e-Gov (Digital Agency)出入国管理及び難民認定法第五十五条の十七第一項の規定による医師等職員の兼業等に関する規則 — the text in force from 2024-06-10Original
- e-Gov (Digital Agency)出入国管理及び難民認定法第五十五条の十七第一項の規定による医師等職員の兼業等に関する規則 — revision historyOriginal
- Machine translation, not official
- Written for this site with AIDescriptions of each law, written for this site
- Written for this site with AIEnglish title of a law in this collection, written for this site
- Worked out by this site from e-Gov's text