Medical Care Act

The administrator of a hospital or clinic specified by an Order of the Ministry of Health, Labour and Welfare that provides medical procedures, surgery and other treatment for cosmetic purposes to cleanse or beautify a person's skin or teeth, to shape the body, or to reduce weight must, as prescribed by an Order of the Ministry of Health, Labour and Welfare, report the status of the measures prescribed in the preceding Article and other particulars specified by an Order of the Ministry of Health, Labour and Welfare as information necessary for ensuring safety in medical care, to the prefectural governor of the prefecture where the relevant hospital or clinic is located (in the case of a clinic whose location is within the area of a city with a public health center or a special ward of Tokyo, the mayor of the relevant city with a public health center or the mayor of the special ward of Tokyo; the same applies hereinafter in this Article, Article 15, paragraph (3) and Article 18).

The administrator of a hospital or clinic that has made a report pursuant to the provisions of the preceding paragraph must, when there has been a change to the particulars reported pursuant to the provisions of that paragraph, promptly report to the prefectural governor of the prefecture where the relevant hospital or clinic is located, as prescribed by an Order of the Ministry of Health, Labour and Welfare.

When the prefectural governor finds it necessary in order to confirm the details of a report pursuant to the provisions of the preceding two paragraphs, the governor may request the necessary information concerning a hospital or clinic prescribed in paragraph (1) that is situated within the boundaries of the relevant prefecture (in the case of a clinic whose location is within the area of a city with a public health center or a special ward of Tokyo, the relevant city with a public health center or special ward of Tokyo; the same applies in Article 18) from a municipality or other public agency.

The prefectural governor must, as prescribed by an Order of the Ministry of Health, Labour and Welfare, publish, among the particulars reported pursuant to the provisions of paragraph (1), those specified by an Order of the Ministry of Health, Labour and Welfare as particularly necessary for ensuring safety in medical care.

When the administrator of a hospital or clinic prescribed in paragraph (1) has failed to make a report pursuant to the provisions of that paragraph or paragraph (2) or has made a false report, the prefectural governor may order the establisher of the relevant hospital or clinic to have the relevant administrator make a report or correct the contents of the report, by setting a period of time.

When a person wishes to establish a hospital, when a person who is neither a person registered pursuant to the provisions of Article 16-6, paragraph (1) of the Medical Practitioners' Act (Act No. 201 of 1948) (for a person who has been issued an order by the Minister of Health, Labour and Welfare pursuant to the provisions of Article 7-2, paragraph (1) of that Act, limited to a person registered pursuant to the provisions of paragraph (2) of that Article; hereinafter referred to as a "clinically trained physician") nor a person registered pursuant to the provisions of Article 16-4, paragraph (1) of the Dental Practitioners Act (Act No. 202 of 1948) (for a person who has been issued an order by the Minister of Health, Labour and Welfare pursuant to the provisions of Article 7-2, paragraph (1) of that Act, limited to a person registered pursuant to the provisions of paragraph (2) of that Article; hereinafter referred to as a "clinically trained dentist") wishes to establish a clinic, or when a person who is not a midwife (for a person who has been issued an order by the Minister of Health, Labour and Welfare pursuant to the provisions of Article 15-2, paragraph (1) of the Act on Public Health Nurses, Midwives and Nurses (Act No. 203 of 1948), limited to a person registered pursuant to the provisions of paragraph (3) of that Article; hereinafter the same applies in this Article, Article 8, paragraph (1) and Article 11) wishes to establish a birthing center, the person must first acquire permission to do so from the prefectural governor for the location of the relevant facility (the mayor of the city with a public health center or the mayor of the special ward in the case that the location of the relevant clinic or birthing center is within such a city with a public health center or a special ward; the same applies in Article 8, paragraph (1), Article 12, Article 15, Article 18, Article 24, Article 27, Article 28 and Article 29, paragraph (2)).

Beyond the provisions of Article 6-10 through Article 6-126-12-2, Article 13 through Article 14-2, Article 14-4, and Article 15 through the preceding Article, particulars that should be observed by the administrator of a hospital, clinic, or birthing center in the management of their buildings and equipment, pharmaceuticals, and other articles, and in the hospitalization or admission of patients, pregnant women, women in labor, and women resting after childbirth, are to be as prescribed by an Order of the Ministry of Health, Labour and Welfare.

The establisher of a hospital or clinic must provide an exclusive pharmacist in the relevant hospital or clinic in accordance with the standards specified by an Order of the Ministry of Health, Labour and Welfare and in accordance with Ordinances of the Prefecture (or, in the case of a clinic situated in a city or special ward with a public health center, the relevant city or special ward with a public health center)a Prefectural Ordinance; provided, however, that this does not apply where permitted by the prefectural governor of the area in which the hospital or clinic is situated.

when the establisher has violated an order or disposition based on the provisions of Article 6-3, paragraph (8), Article 6-12-2, paragraph (5), Article 24, paragraph (1), or the preceding Article; or