Long-Term Care Insurance Act

The Minister of Health, Labour, and Welfare, when a person that applies for registration pursuant to the provisions of Article 69-11, paragraph (2) conforms to all requirements listed in the following items, must issue the registration as set forth in paragraph (1) of the same Article; in said case, necessary procedures for registration are to be as determined by Order of the Ministry of Health, Labour, and Welfare:

with regard to the subjects listed in the upper column of the appended table, the examination board listed in the lower column of the same table are to prepare the examination questions and establish criteria for passing the examination;

measures listed in the following sub-items are undertaken in order to ensure the reliability of the examination:

a full-time supervisor for Examination Question Preparation Affairs is assigned;

measures are undertaken in order to ensure the reliability of the preparation of documents concerning management of Examination Question Preparation Affairs (including maintaining the confidentiality of the examination and matters concerning the criteria for passing said examination) and other Examination Question Preparation Affairs as determined by Order of the Ministry of Health, Labour, and Welfare;

a department dedicated to the management of Examination Question Preparation Affairs is established according to the provisions for documents as set forth in sub-item (b);

said person is not in a financial condition with liabilities in excess of assets.

The Minister of Health, Labour, and Welfare, when registering a person as set forth in Article 69-11, paragraph (1), issue public notice of the name and location of the main Business Office of said person that is registered and the date of said registration.

An Organization that Prepares Registration Examination Questions, when it intends to change its name or the location of its main Business Office, must provide notification two (2) weeks prior to the day of said change of said fact to the Minister of Health, Labour, and Welfare and to the prefectural governor who entrusted said Organization that Prepares Registration Examination Questions to conduct Examination Question Preparation Affairs pursuant to the provisions of Article 69-11, paragraph (1) (herein referred to as "Entrusting Prefectural Governor").

The Minister of Health, Labour, and Welfare, when a notification of said change is received as set forth in the preceding paragraph, must issue public notice of said fact.

An Organization that Prepares Registration Examination Questions, when it appoints or dismisses an Officer, must notify without delay the Minister of Health, Labour, and Welfare of said fact.

An Organization that Prepares Registration Examination Questions, when it appoints or dismisses an examination board as set forth in Article 69-13, item (i), must notify without delay the Minister of Health, Labour, and Welfare of said fact.

An Officer or other personnel of an Organization that Prepares Registration Examination Questions (including an examination board as set forth in Article 69-13, item (i); the same applies in the following paragraph) or a person that held this occupation must not divulge any confidential information that said person learns concerning any Examination Question Preparation Affairs.

An Officer or other personnel of an Organization that Prepares Registration Examination Questions who engages in Examination Question Preparation Affairs is deemed as personnel that engage in public service pursuant to the provisions of laws and regulations with regard to application of the Penal Code and other penal provisions.

An Organization that Prepares Registration Examination Questions, prior to commencing Examination Question Preparation Affairs, must stipulate Rules of Examination Question Preparation Affairs with regard to matters pertaining to the conduct of Examination Question Preparation Affairs as determined by Order of the Ministry of Health, Labour, and Welfare, and obtain the approval of the Minister of Health, Labour, and Welfare; the same applies when said rules are changed.

The Minister of Health, Labour, and Welfare, when it is determined that the Rules of Examination Question Preparation Affairs that are approved pursuant to the provisions of the preceding paragraph have become inappropriate for the proper and assured conduct of Examination Question Preparation Affairs, may order an Organization that Prepares Registration Examination Questions to change said rules.

An Organization that Prepares Registration Examination Questions, within three months from the end of every fiscal year, must prepare a schedule of inventories, a Statement of Financial Position, Statement of Operations, Cash Flow Statement, and business report of such fiscal year (including an electromagnetic record (a record in an electronic format, a magnetic format, or any other format not recognizable to human perception that is used for information processing by a computer; the same applies herein this Article) when said electromagnetic record is prepared in lieu of said financial statements, etc.; herein referred to as "Financial Statements, etc." in the following paragraph, and Article 211-2) and maintain said Financial Statements, etc., in the Business Office of the Organization that Prepares Registration Examination Questions for five years.

A person that intends to undertake the Examination for Long-Term Care Support Specialist or other interested person may request any time within the business hours of an Organization that Prepares Registration Examination Questions the items listed below, however, provided that said person must pay the expenses specified by and pay to the Organization that Prepares Registration Examination Questions as requested, as set forth in item (ii) and item (iv):

when the Financial Statements, etc., are prepared on paper, a request of inspection or copy of said documents;

a request of transcripts or extracts of the documents as set forth in the preceding item;

when the Financial Statements, etc., are prepared as an electromagnetic record, request inspection or copy of matters recorded in said electromagnetic record and a display shown of the same by a method as determined by Order of the Ministry of Health, Labour, and Welfare;

a request to provide matters in an electromagnetic record as set forth in the preceding item by a method as determined by Order of the Ministry of Health, Labour, and Welfare, or to deliver the documents stated by said matters.

An Organization that Prepares Registration Examination Questions, pursuant to the provisions of Order of the Ministry of Health, Labour, and Welfare, must keep and maintain records of all matters concerning Examination Question Preparation Affairs as determined by Order of the Ministry of Health, Labour, and Welfare, and ensure said matters are recorded.

The Minister of Health, Labour, and Welfare, when it is determined that an Organization that Prepares Registration Examination Questions is not conforming with any of the items of Article 69-13, may order said Organization that Prepares Registration Examination Questions to take the necessary measures to conform with these provisions.

The Minister of Health, Labour, and Welfare, when it is determined to be necessary to ensure the proper conduct of Examination Question Preparation Affairs, may request an Organization that Prepares Registration Examination Questions to provide necessary reports concerning the status of Examination Question Preparation Affairs, direct said personnel to answer the questions of a relevant person, enter the Business Office of an Organization that Prepares Registration Examination Questions in order to inspect record books and documents, and other items.

An Entrusting Prefectural Governor, when it is determined to be necessary to ensure the proper conduct of Examination Question Preparation Affairs that said prefectural governor entrusted, may request an Organization that Prepares Registration Examination Questions to provide necessary reports concerning the status of Examination Question Preparation Affairs, direct its personnel to ask questions to the relevant Persons, enter the Business Office of an Organization that Prepares Registration Examination Questions in order to inspect record books and documents, and other items.

The provisions of Article 24, paragraph (3) apply mutatis mutandis to questions and inspections pursuant to the provisions of the preceding two paragraphs and the provisions of paragraph (4) of the same Article apply mutatis mutandis to the authority granted pursuant to the provisions of the preceding two paragraphs.

An Organization that Prepares Registration Examination Questions must not discontinue or abolish the whole or a part of the Examination Question Preparation Affairs without the approval of the Minister of Health, Labour, and Welfare.

The Minister of Health, Labour, and Welfare, when granting an approval pursuant to the provisions of the preceding paragraph, must hear the opinions of relevant Entrusting Prefectural Governor.

The Minister of Health, Labour, and Welfare, when granting an approval pursuant to the provisions of paragraph (1), must issue public notice of and provide notification of said fact to the relevant Entrusting Prefectural Governor.

The Minister of Health, Labour, and Welfare, when an Organization that Prepares Registration Examination Questions becomes as defined by Article 69-12, item (i) or item (iii), must rescind the registration of said Organization that Prepares Registration Examination Questions.

The Minister of Health, Labour, and Welfare, when an Organization that Prepares Registration Examination Questions corresponds to any of the following items, may rescind the registration of said Organization that Prepares Registration Examination Questions, or specify a period of suspension for the whole or a part of any Examination Question Preparation Affairs:

when the registration as set forth in Article 69-11, paragraph (1) is performed by wrongful means;

when said Organization violates provisions of Article 69-14, paragraph (2), Article 69-15, Article 69-16, Article 69-19, paragraph (1), Article 69-20 or paragraph (1) of the preceding Article;

when said Organization refuses a request pursuant to the provisions of Article 69-19, paragraph (2) without a justifiable reason;

when said Organization conducts Examination Question Preparation Affairs without conforming to the Rules of Examination Question Preparation Affairs that are approved pursuant to the provisions of Article 69-18, paragraph (1);

when said Organization violates an order as set forth in Article 69-18, paragraph (2) or Article 69-21.

The Minister of Health, Labour, and Welfare, when rescinding a registration pursuant to the provisions of the preceding two paragraphs and ordering a suspension of the whole or a part of Examination Question Preparation Affairs pursuant to the provisions of the preceding paragraph, must issue public notice of the relevant Entrusting Prefectural Governor and publicly give notice of said fact.