Medical Care Act

A hospital established by the national government, a prefecture, municipality, a social medical corporation as provided for in Article 42-2, paragraph (1), or any other party as prescribed by the Minister of Health, Labour and Welfare, and that meets the following conditions concerning the necessary support to ensure community medical care, may bear a name that includes the term "regional medical care support hospital" for its area, with the approval of the prefectural governor:

medical care is provided to patients who have been referred from other hospitals or clinics, and a system is in place that allows physicians, dentists, pharmacists, nurses, and other medical care professionals (hereinafter simply referred to as "medical care professionals"), who do not work at the relevant hospital to use all or part of its buildings, equipment, instruments, or tools for their practices, research, or training;

having the ability of providing emergency medical care;

having the capability of carrying out training to enhance the quality of community medical care professionals;

having facilities to hospitalize more patients than prescribed by an Order of the Ministry of Health, Labour and Welfare;

having facilities provided for in Article 21, paragraph (1), items (ii) through (viii) and (x) through (xii), and Article 22, items (i), and (iv) through (ix); and

the buildings and equipment of the facility meet the requirements prescribed by the Order of the Ministry of Health, Labour and Welfare set forth in Article 21, paragraph (1) and Article 22 and Prefectural Order set forth therein.

In granting approval as set forth in the preceding paragraph, the prefectural governor must hear the opinions of the Prefectural Council on Medical Service Facilities in advance.

A facility that is not a regional medical care support hospital is not to bear a name that includes the term "regional medical care support hospital" or a name that may cause it to be mistaken for such.

A hospital that meets the following requirements may bear the name "advanced treatment hospital", with the approval of the Minister of Health, Labour and Welfare:

having the ability of providing advanced medical care;

having the capability of carrying out the development and evaluation of advanced medical care techniques;

having the capability of carrying out training on advanced medical care;

having the capability of ensuring a high level of medical safety;

amongst its clinical departments, having the names of clinical departments as prescribed by an Order of the Ministry of Health, Labour and Welfare, pursuant to the provisions of an Order of the Ministry of Health, Labour and Welfare;

having facilities to hospitalize more patients than prescribed by an Order of the Ministry of Health, Labour and Welfare;

the personnel meet the requirements prescribed by the Order of the Ministry of Health, Labour and Welfare set forth in Article 22-2;

having the facilities provided for in Article 21, paragraph (1) items (ii) through (viii) and (x) through (xii), and Article 22-2, items (ii), and (v) through (vi); and

the buildings and equipment of the facility meet the requirements prescribed by the Order of the Ministry of Health, Labour and Welfare set forth in Article 21, paragraph (1) and Article 22-2 and Prefectural Ordinances set forth therein.

In granting approval as set forth in the preceding paragraph, the Minister of Health, Labour and Welfare must hear the opinions of the Social Security Council in advance.

A facility that is not an advanced treatment hospital is not to bear the name "advanced treatment hospital" or a name that may cause it to be mistaken for such.

A hospital that meets the following requirements for playing a central role in the implementation of clinical research may bear the name "core hospital for clinical research", with the approval of the Minister of Health, Labour and Welfare:

having the capability of planning and implementing a project on specified clinical research (meaning clinical research conducted in accordance with the standards specified by an Order of the Ministry of Health, Labour and Welfare; the same applies hereinafter);

having the capability of playing a leading role in the implementation of the specified clinical research, in the case where specified clinical research is to be implemented jointly with other hospitals or clinic;

having the capability of providing consultation, necessary information, advice and other assistance to other hospitals or clinics concerning the implementation of specified clinical research;

having the capability of providing training on specified clinical research;

having the names of clinical departments amongst its clinical departments, as prescribed by an Order of the Ministry of Health, Labour and Welfare;

having facilities to hospitalize more patients than prescribed by an Order of the Ministry of Health, Labour and Welfare;

the personnel meet the requirements prescribed by the Order of the Ministry of Health, Labour and Welfare set forth in Article 22-3;

having facilities provided for in Article 21, paragraph (1), items (ii) through (viii) and (x) through (xii), and Article 22-3, items (ii), (v) and (vi);

the buildings and equipment of the facility meet the requirements prescribed by the Order of the Ministry of Health, Labour and Welfare set forth in Article 21, paragraph (1) and Article 22-3 and Prefectural Ordinances set forth therein; and

beyond what is listed in each of the preceding items, the requirements specified by an Order of the Ministry of Health, Labour and Welfare concerning the implementation of specified clinical research are met.

In granting approval as set forth in the preceding paragraph, the Minister of Health, Labour and Welfare must hear the opinions of the Social Security Council in advance.

A facility that is not a core hospital for clinical research is not to bear the name "core hospital for clinical research" or a name that may cause it to be mistaken for such.

For a physician or dentist who practices solely through house calls for the public or other specific groups of people, or a midwife who engages in services solely through house calls, each such address is to be considered a clinic or birthing center with regard to the applicability of the provisions set forth in Article 6-4-3, Article 6-5 or Article 6-7, Article 8, paragraph (1) and Article 9.

A prefectural governor, a mayor of a city as prescribed by the Cabinet Order as set forth in Article 5, paragraph (1) of the Community Health Act (Act No. 101 of 1947) (hereinafter referred to as a "city with a public health center"), or a mayor of a special ward of Tokyo may, when they find it necessary, order a physician, dentist, or midwife as provided for in the preceding paragraph to report as required, or may order the submission of medical records, birth records, accounting books and documents, and other articles for inspection.

The Minister of Health, Labour and Welfare may, based on an application from a clinically trained physician prescribed in Article 7, paragraph (1), certify the relevant physician that has the experience necessary having knowledge concerning the provision of medical care in an acute physician shortage area (meaning an area prescribed in Article 30-4, paragraph (5) and other areas specified by an Order of the Ministry of Health, Labour and Welfare; the same applies hereinafter) and other experience specified by an Order of the Ministry of Health, Labour and Welfare.

The Minister of Health, Labour and Welfare who has granted certification under the preceding paragraph is to issue a certificate.

The Minister of Health, Labour and Welfare may rescind the certification when a physician who has obtained the certification under paragraph (1) falls under any of the following items:

when the physician has had their license revoked or has been ordered to suspend their medical practice;

when it is found that the certification under paragraph (1) was obtained by deception or other wrongful means; or

when the physician was sentenced to a fine or severer punishment.

Necessary particulars concerning the certification set forth in paragraph (1) and the rescission of such certification is provided for by Cabinet Order.

The applicability of the provisions of this Act to hospitals, clinics, and birthing centers established by the national government and to facilities for receiving online medical care founded by the national government may be prescribed separately by Cabinet Order.