Long-Term Care Insurance Act

When an Organization that Prepares Registration Examination Questions discontinues the whole or a part of Examination Question Preparation Affairs pursuant to the provisions of Article 69-23, paragraph (1), or when the Minister of Health, Labour, and Welfare orders an Organization that Prepares Registration Examination Questions pursuant to the provisions of paragraph (2) of the preceding Article to suspend the whole or a part of Examination Question Preparation Affairs, or when it has become difficult for an Organization that Prepares Registration Examination Questions to conduct the whole or a part of Examination Question Preparation Affairs due to a disaster or other reasons, the Entrusting Prefectural Governor, when the Minister of Health, Labour, and Welfare determines it necessary, is to conduct the whole or a part of said Examination Question Preparation Affairs notwithstanding the provisions of Article 69-11, paragraph (3).

The Minister of Health, Labour, and Welfare, when an Entrusting Prefectural Governor is conducting the Examination Question Preparation Affairs pursuant to the provisions of the preceding paragraph and when the reason is no longer valid for an Entrusting Prefectural Governor to conduct the Examination Question Preparation Affairs pursuant to the provisions of the same paragraph, must provide notice of said fact immediately to said Entrusting Prefectural Governor.

An Entrusting Prefectural Governor, in a case when collecting a fee pertaining to Examination Question Preparation Affairs based on the provisions of Article 227 of the Local Autonomy Act, may direct a person that intends to undertake an Examination for Long-Term Care Support Specialist pertaining to Examination Question Preparation Affairs provided by an Organization that Prepares Registration Examination Questions pursuant to the provisions of Article 69-11, paragraph (1) and pursuant to the provisions of a prefectural ordinance, to pay said fee to said Organization that Prepares Registration Examination Questions as income.

A prefectural governor may designate a person (herein referred to as "Designated Testing Agency") to operate affairs concerning implementation of an Examination for Long-Term Care Support Specialist (except for Examination Question Preparation Affairs; herein referred to as "Examination Affairs").

The provisions of the preceding Article apply mutatis mutandis to a fee pertaining to Examination Affairs provided by a Designated Testing Agency.

A Designated Testing Agency (in a case when said person is a juridical person, an Officer of said person; the same applies in the following paragraph) or its personnel, or a person that held this occupation must not divulge any confidential information that was learned pertaining to Examination Affairs.

A Designated Testing Agency which engages in Examination Affairs or its personnel 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 or other penal provisions.

A prefectural governor, when it is determined that it is necessary for ensuring the proper conduct of Examination Affairs, may give necessary orders for supervision concerning Examination Affairs to a Designated Testing Agency.

A prefectural governor, when it is determined that it is necessary for ensuring proper conduct of Examination Affairs, may request a Designated Testing Agency to submit the necessary reports concerning the status of Examination Affairs, direct its personnel to ask questions of the relevant person, enter the Business Office of a Designated Testing Agency in order to inspect said facility, record books and documents, and other items.

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

A prefectural governor may rescind an application to take an examination or a judgment of passing an examination for a person that completed or intends to complete an Examination for Long-Term Care Support Specialist by wrongful means, or is prohibited from taking said Examination for Long-Term Care Support Specialist.

A Designated Testing Agency may exercise the authority as prescribed in the preceding paragraph of the prefectural governor who issued said designation to said Designated Testing Agency.

In addition to the provisions specified in Article 69-27 through the preceding Article, other necessary matters concerning a Designated Testing Agency are specified by a Cabinet Order.

A prefectural governor may designate a person (herein referred to as "Designated Training Agency") to conduct affairs concerning the implementation of a Long-Term Care Support Specialist Internship and Training for Renewal (herein referred to as "Training Affairs").

The provisions of Article 69-27, paragraph (2), Article 69-29, and Article 69-30 apply mutatis mutandis to a Designated Training Agency. In this case, the terms "Designated Testing Agency" and "Examination Affairs" in these provisions are deemed to be replaced with "Designated Training Agency" and "Training Affairs," respectively.

In addition to the provisions of the preceding two paragraphs, other necessary matters concerning a Designated Training Agency are prescribed by a Cabinet Order.

A Long-Term Care Support Specialist must perform his or her business fairly and faithfully, respecting the personality of the Person Requiring Long-Term Care, etc. under his or her charge and always standing in the position of said Person Requiring Long-Term Care, etc., so that the In-Home Service, Community-Based Service, Facility Service, Preventive Long-Term Care Service, or Community-Based Service for Preventive Long-Term Care, or the Specified Comprehensive Project for Long-Term Care Prevention and Daily Life Support, provided to said Person Requiring Long-Term Care, etc. is not unduly biased toward a specific type, or a specific provider or facility.

A Long-Term Care Support Specialist must perform the business of Long-Term Care Support Specialist according to standards as determined by Order of the Ministry of Health, Labour, and Welfare.

A Long-Term Care Support Specialist must endeavor to improve the level of expert knowledge and skill concerning the support necessary for a Person Requiring Long-Term Care, etc. to lead an independent daily life, and otherwise to improve his or her qualities.

A Long-Term Care Support Specialist may not permit others to wrongfully use the Long-Term Care Support Specialist Certification or the business name of said Long-Term Care Support Specialist.

A Long-Term Care Support Specialist must not commit any act that may impair the impartiality of or confidence placed in said Long-Term Care Support Specialist.

A Long-Term Care Support Specialist may not divulge any confidential information of an individual person that is learned pertaining to said business without a justifiable basis. The same provision applies after said person ceases to be a Long-Term Care Support Specialist.

A prefectural governor, when it is determined that it is necessary for ensuring proper execution of the business of a Long-Term Care Support Specialist, may request necessary reports of said business from a registered Long-Term Care Support Specialist and a Long-Term Care Support Specialist that operates within the area governed by said prefectural governor.

A prefectural governor, when it is found that a registered Long-Term Care Support Specialist or a Long-Term Care Support Specialist that operates within the area governed by said prefectural governor violates the provisions of Article 69-34, paragraph (1) or (2), or when a registered person who has not been issued a Long-Term Care Support Specialist Certification (hereinafter referred to as a "Person Not Issued a Long-Term Care Support Specialist Certification" in this paragraph) has performed business as a Long-Term Care Support Specialist, may give necessary instructions to said Long-Term Care Support Specialist or said Person Not Issued a Long-Term Care Support Specialist Certification, and order him or her to undertake training designated by said prefectural governor.

A prefectural governor, in a case that a registered Long-Term Care Support Specialist or a Long-Term Care Support Specialist that operates within the area governed by said prefectural governor disobeys instructions or orders pursuant to the provisions of the preceding paragraph, may prohibit said Long-Term Care Support Specialist from operating as a Long-Term Care Support Specialist by specifying a period that is less than one (1) year.

A prefectural governor, when he or she executes an action pursuant to the provisions of the preceding two paragraphs to a Long-Term Care Support Specialist who is registered in an area governed by a different prefectural governor, must notify without delay the prefectural governor that is governing the area where said Long-Term Care Support Specialist is registered of said fact.

A prefectural governor, when a Long-Term Care Support Specialist that is registered in an area governed by said prefectural governor corresponds to any of the following items, shall delete and rescind said registration:

when a Specialist corresponds to any provision of Article 69-2, paragraph (1), item (i) to item (iii);

when a Specialist is registered as set forth in Article 69-2, paragraph (1) by a wrongful means;

when the Long-Term Care Support Specialist Certification is issued by a wrongful means;

when a Specialist violates a prohibition of business ordered pursuant to the provisions of paragraph (3) of the preceding Article.

A prefectural governor, in a case when a registered Long-Term Care Support Specialist corresponds to any of the following items, may delete and rescind said registration:

when the Specialist violates the provisions of Article 69-34, paragraph (1) or (2) or the provisions listed from Article 69-35 to Article 69-37;

when a Specialist is requested to report pursuant to the provisions of paragraph (1) of the preceding Article, but does not report or submits a false report;

when a Specialist violates an instruction or order pursuant to the provisions of paragraph (2) of the preceding Article and said circumstances are considered serious.

When a person is registered as set forth in Article 69-2, paragraph (1) that has not been issued a Long-Term Care Support Specialist Certification as defined by any of the following items, the prefectural governor that provides said registration must delete said registration:

when said person corresponds to any provision of Article 69-2, paragraph (1), item (i) to item (iii);

when said person is registered as set forth in Article 69-2, paragraph (1) by wrongful means;

when said person operates a business as a Long-Term Care Support Specialist and the circumstances are especially grave.