Medical Care Act

No party, when placing any advertisement or making any other representation as a means of inducing medical care recipients (hereinafter simply referred to as "advertisement" in this Section) with regard to medical practice or dental practice, or hospitals or clinics, are to run false advertisements, regardless of whether it is made in writing or by any other means.

In the case prescribed in the preceding paragraph, the contents and methods of the advertisement must conform to the following standards so as not to hinder appropriate selection of medical care by medical care recipients:

no advertisement is to be placed to the effect that the hospital or clinic is superior to other hospitals or clinics;

no exaggerated advertisement is to be placed;

no advertisement that undermines public order or corrupt good morals are to be placed; and

other standards specified by an Order of the Ministry of Health, Labour and Welfare as necessary for appropriate selection of medical care.

In the case prescribed in paragraph (1), advertisement of particulars other than those listed below must not be placed, except in cases specified by an Order of the Ministry of Health, Labour and Welfare as cases where there is little risk of hindering appropriate selection of medical care by medical care recipients even if advertisement of particulars other than those listed below is placed:

that the person is a physician or dentist;

the clinical department name;

the name, telephone number, information that indicates the location of the relevant hospital or clinic, and the name of the administrator of the relevant hospital or clinic;

the days and hours of practice, or whether an appointment can be booked;

for a hospital, clinic, physician, or dentist that is designated to undertake standard medical care as set forth in the provisions of laws and regulations, a statement to that effect;

in the case of a physician who has obtained the certification under Article 5-2, paragraph (1), a statement to that effect;

in the case of a participating hospital, etc. (meaning a participating hospital, etc. prescribed in Article 70-2, paragraph (2), item (ii)) of a regional medical coordination promotion corporation (meaning a regional medical coordination promotion corporation prescribed in Article 70-5, paragraph (1); the same applies in Article 30-4, paragraph (11)), a statement to that effect;

whether there are in-patient facilities, the number of each type of bed provided for in Article 7, paragraph (2), the number of physicians, dentists, pharmacists, nurses, and other employees, and other particulars related to the facilities, equipment, or employees at the relevant hospital or clinic;

The names, ages, genders, positions, and brief personal records of medical care professionals practicing at the relevant hospital or clinic, and other particulars related to the relevant medical care professionals that are prescribed by the Minister of Health, Labour and Welfare as particulars that contribute to recipients of medical care making appropriate choices with regard to their medical care;

measures for responding to queries concerning medical care from patients or their families, measures to ensure the safety of medical care, measures to ensure the appropriate handling of personal information, and other particulars related to the management or operation of the relevant hospital or clinic;

particulars related to cooperation with other hospitals, clinics, or health and medical service or welfare service providers, such as the names of the hospitals, clinics, or other health and medical service or welfare service providers to which patients may be referred, or the shared use of facilities, equipment, or tools between such parties and the relevant hospital or clinic;

particulars concerning the provision of information in medical records and other records related to treatment, delivery of documents provided for in Article 6-4, paragraph (3), and provision of other information on medical care at the relevant hospital or clinic;

particulars related to the details of medical care provided at the relevant hospital or clinic (limited to the details of examinations, surgery, and other medical treatment methods that are prescribed by the Minister of Health, Labour and Welfare as particulars that contribute to recipients of medical care making appropriate choices with regard to their medical care);

particulars related to the average number of days of hospitalization, average out-patient or in-patient numbers, and other particulars related to the results of the medical care that is provided at the relevant hospital or clinic and that are prescribed by the Minister of Health, Labour and Welfare as particulars that contribute to recipients of medical care making appropriate choices with regard to their medical care; and

in the case of a hospital or clinic at which a physician or dentist who works there provides online medical care using a facility for receiving online medical care, particulars on the fact that such online medical care is provided and on the content of that online medical care; and

other particulars prescribed by the Minister of Health, Labour and Welfare as equivalent to the particulars listed in each of the previous items.

When the Minister of Health, Labour and Welfare intends to plan the enactment, revision or abolition of an Order of the Ministry of Health, Labour and Welfare set forth in paragraph (2), item (iv) or the preceding paragraph, or to prepare a draft of the particulars listed in item (ix), item (xiii), item (xiv) or item (xvi) of the preceding paragraph, the Minister must hear the opinions of groups of persons with the relevant knowledge and experience in medical practice in order to plan or prepare based on expert scientific opinions on medical care.

Clinical department names pursuant to the provisions of paragraph (3), item (ii) of the preceding Article are to be the clinical department names of medical practices and dental practices prescribed by a Cabinet Order, or clinical department names other than such clinical department names in which the practicing physician or dentist has been given permission by the Minister of Health, Labour and Welfare.

The Minister of Health, Labour and Welfare must hear the opinions of academic societies of medicine and medical science and the Medical Ethics Council, when planning to enact, amend, or abolish the Cabinet Order set forth in the preceding paragraph.

In granting the permission set forth in paragraph (1), the Minister of Health, Labour and Welfare must hear the opinions of the Medical Ethics Council in advance.

If an advertisement of a clinical department name that is related to the permission under the provisions of paragraph (1) is placed, the name of the physician or dentist who received that permission must be advertised alongside the relevant clinical department name.

No party, when placing any advertisement with regard to midwifery services or birthing centers, is to run false advertisement, regardless of whether it is made in writing or by any other means.

In the case prescribed in the preceding paragraph, the contents and methods of the advertisement must conform to the following standards so as not to hinder appropriate selection of medical care by medical care recipients:

no advertisement is to be placed to the effect that the birthing center is superior to other birthing centers;

no exaggerated advertisement is to be placed;

no advertisement that undermines public order or corrupt good morals is to be placed; and

other standards specified by an Order of the Ministry of Health, Labour and Welfare as necessary for appropriate selection of medical care.

In the case prescribed in paragraph (1), no advertisement of particulars other than those listed below are to be placed, except in cases specified by an Order of the Ministry of Health, Labour and Welfare as cases where there is little risk of hindering appropriate selection of medical care by medical care recipients even if advertisement of particulars other than those listed below is placed:

that the person is a midwife;

the name, telephone number, information that indicates the location of the birthing center, and the name of the administrator of the birthing center;

business days and hours or whether services can be booked;

whether there are in-patient facilities, the admission capacity, number of midwives and other employees, and other particulars related to the facilities, equipment or employees of the relevant birthing center;

the names, ages, positions, and brief personal records of the midwives engaged in services at the relevant birthing center, and other particulars related to midwives, as prescribed by the Minister of Health, Labour and Welfare as particulars that contribute to recipients of medical care making appropriate choices with regard to their medical care;

measures for responding to queries on medical care from patients or their families, measures to ensure the safety of medical care, measures to ensure the appropriate handling of personal information, and other particulars related to the management or operation of the relevant birthing center;

particulars related to cooperation with the services of the relevant birthing center, such as the names of the contract physicians provided for in Article 19, paragraph (1), or the names of hospitals or clinics;

particulars related to the provision of information on birth records and the provision of information on medical care at the relevant birthing center; and

other particulars prescribed by the Minister of Health, Labour and Welfare as equivalent to the particulars listed in each of the previous items.

No party may place any advertisement with regard to a facility for receiving online medical care, regardless of whether it is made in writing or by any other means, except in cases specified by an Order of the Ministry of Health, Labour and Welfare as cases where there is little risk of hindering appropriate selection of medical care by medical care recipients.

If a prefectural governor, a mayor of a city with a public health center, or a mayor of a special ward of Tokyo finds that there is a risk that an advertisement related to a medical practice, a dental practice, or midwifery services, or to a hospital, clinic, birthing center or facility for receiving online medical care violates the provisions of Article 6-5, paragraphs (1) through (3) or the preceding two Articles, the governor or mayor may order the party that placed the relevant advertisement to report as required, or may have the relevant official enter the offices of the party that placed the relevant advertisement, and inspect documents or other articles related to the relevant advertisement.

If a prefectural governor, a mayor of a city with a public health center, or a mayor of a special ward of Tokyo finds that an advertisement related to a medical practice, a dental practice, or midwifery services, or to a hospital, clinic, birthing center or facility for receiving online medical care violates the provisions of Article 6-5, paragraph (2) or (3), Article 6-7, paragraph (2) or (3), or the preceding Article, the governor or mayor may order the party that placed the relevant advertisement to discontinue the relevant advertisement or correct its contents by a set deadline.

An official who enters and inspects pursuant to the provisions of paragraph (1) must carry a certificate for identification and present it when requested by the concerned parties.

The authority granted pursuant to the provisions of paragraph (1) must not be construed as being approved for a criminal investigation.