Long-Term Care Insurance Act

A person that possesses practical experience as determined by Order of the Ministry of Health, Labour, and Welfare, has passed an examination undertaken pursuant to the provisions of Order of the Ministry of Health, Labour, and Welfare as administered by a prefectural governor (herein referred to as "Long-Term Care Support Specialist Examination"), and has completed a training program provided pursuant to the provisions of Order of the Ministry of Health, Labour, and Welfare as administered by a prefectural governor (herein referred to as "Long-Term Care Support Specialist Internship") may be issued a registration by said prefectural governor pursuant to the provisions of Order of the Ministry of Health, Labour, and Welfare, however, provided that this provision does not apply to a person that corresponds to any of following items:

a person specified by Order of the Ministry of Health, Labour and Welfare as unable to properly perform the business of a Long-Term Care Support Specialist due to a mental or physical disorder;

a person punished by imprisonment or a heavier penalty and execution of said penalty has not yet been completed or has not yet expired;

a person punished by a fine pursuant to provisions of a Cabinet Order as set forth in this Act or any another Act concerning national insurance, medical service, or welfare, and has not yet completed the execution of said punishment or remains subject to said punishment;

a person that has committed a wrongful act or a significantly unjustifiable act concerning In-Home Service, etc. within five years prior to submitting an application for registration;

a person that was subject to a prohibition pursuant to the provisions of Article 69-38, paragraph (3) or (6) whose registration was rescinded pursuant to the provisions of Article 69-6, item (i) during said prohibition period, and said prohibition period has not yet expired;

a person that was subject to a rescinding of registration pursuant to the provisions of Article 69-39 within five years from the date of said disposition of the matter;

a person that applied for deletion of registration from the date of said notification pursuant to the provisions of Article 15 of the Administrative Procedures Act (Act No. 88 of 1993) pertaining to a deletion of registration pursuant to the provisions of Article 69-39, and five years as not passed yet from the date of said disposition of the matter.

A registration as set forth in the preceding paragraph is to be implemented by a prefectural governor by listing the name, date of birth, domicile, and other matters as determined by Order of the Ministry of Health, Labour, and Welfare, and the registration number and date on a registration list of Long-Term Care Support Specialists.

A person that is registered as set forth in Article 69-2, paragraph (1), when his or her name or other matter as determined by Order of the Ministry of Health, Labour, and Welfare pertaining to said registration has changed, must notify the prefectural governor without delay of said fact.

When a person that is registered as set forth in Article 69-2, paragraph (1) becomes as defined by any of the following items, the person as provided by said item must provide notification of said fact to the prefectural governor where said person is registered or the prefectural governor governing the domicile of said person as provided in said item within thirty days from the date (in a case of being defined by item (i), on the day) that said fact is known:

when the registered person dies:the successor or executor of the estate of said person;

when the registered person comes to correspond to Article 69-2, paragraph (1), item (i):the person himself or herself, or his or her legal representative or a relative living with the person;

when the registered person corresponds to Article 69-2, paragraph (1), item (ii) or item (iii):said registered person.

A prefectural governor, in a case defined by any of the following items, delete the registration as set forth in Article 69-2, paragraph (1):

when the registered person applies for the deletion of registration;

when notified as set forth in the preceding Article;

when not notified as set forth in the preceding Article but a fact that corresponds to any of the items of the same Article is known;

when a judgment of passing an examination is rescinded pursuant to the provisions of Article 69-31.

A person that is registered as set forth in Article 69-2, paragraph (1) may apply for delivery of a Long-Term Care Support Specialist Certification to the prefectural governor.

When registration is transferred pursuant to the provisions of Article 69-3 after delivery of a Long-Term Care Support Specialist Certification, said Long-Term Care Support Specialist Certification ceases to be effective.

A Long-Term Care Support Specialist, when the registration as set forth in Article 69-2, paragraph (1) is rescinded or the Long-Term Care Support Specialist Certification ceases to be effective pursuant to the provisions of the preceding paragraph, must return said Long-Term Care Support Specialist Certification immediately to the prefectural governor that delivered said Long-Term Care Support Specialist Certification.

A Long-Term Care Support Specialist, when punished by a prohibition pursuant to the provisions of Article 69-38, paragraph (3) or (6), must immediately submit the Long-Term Care Support Specialist Certification to the prefectural governor that issued said Certification.

A prefectural governor who receives a Long-Term Care Support Specialist Certification pursuant to the provisions of the preceding paragraph, when said person that submitted the Certification requests the return of said Certification in a case when the prohibition period as set forth in the same paragraph expires, must immediately return said Long-Term Care Support Specialist Certification.

Deleted

A Long-Term Care Support Specialist, when requested by a relevant person, must present his or her Long-Term Care Support Specialist Certification prior to conducting said business.

In addition to the provisions in this Subsection, matters necessary concerning a registration as set forth in Article 69-2, paragraph (1), said transfer or a Long-Term Care Support Specialist Certification, are prescribed by Order of the Ministry of Health, Labour, and Welfare.

A prefectural governor may require a juridical person registered with the Minister of Health, Labour, and Welfare (herein referred to as "Organization that Prepares Registration Examination Questions") to undertake affairs concerning the preparation of examination questions and the establishment of criteria for passing (herein referred to as "Examination Question Preparation Affairs") among the affairs concerning the implementation of an Examination for Long-Term Care Support Specialist.

A registration as set forth in the preceding paragraph is to be submitted by a person that intends to implement Examination Question Preparation Affairs.

A prefectural governor, when entrusting an Organization that Prepares Registration Examination Questions with the Examination Question Preparation Affairs pursuant to the provisions of paragraph (1), does not otherwise implement Examination Question Preparation Affairs.

A juridical person that corresponds to any of the following items may not be granted registration as set forth in paragraph (1) of the preceding paragraph:

a person punished pursuant to provisions of this Act and two years have not elapsed from the date said execution of punishment is completed or expired;

a person that registration is rescinded pursuant to the provisions of Article 69-24, paragraph (1) or paragraph (2) and two years have not elapsed from the date of rescission;

a juridical person that has an Officer a person defined by item (i).

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.