Supplementary Provisions, Article 113
第百十三条
The prefectural governor may, for the time being, upon application by the establisher of the hospital or clinic, designate as a specified regional medical care provision institution a hospital or clinic (limited to one situated in the area of the relevant prefecture) that is found to have operations specified by an Order of the Ministry of Health, Labour and Welfare for which it is unavoidably necessary to have physicians engage in work for long hours in order to provide any of the following medical care:
emergency medical care;
救急医療
medical care at home, etc.; or
居宅等における医療
An application for designation under the preceding paragraph must be made by attaching a draft of a plan relating to the shortening of working hours of the physicians engaged in the operations prescribed in that paragraph (hereinafter referred to as the "plan for shortening working hours") to a written application stating the particulars specified by an Order of the Ministry of Health, Labour and Welfare.
When the prefectural governor finds that the hospital or clinic pertaining to the application under paragraph (1) falls under the following requirements, the prefectural governor may make the designation under that paragraph:
the draft of the plan for shortening working hours under the preceding paragraph satisfies the requirements specified by an Order of the Ministry of Health, Labour and Welfare, such as having been prepared after hearing the opinions of the physicians working at the relevant hospital or clinic and other related parties;
a system has been established that makes it possible to conduct face-to-face guidance under Article 108, paragraph (1) of the Supplementary Provisions and to ensure rest periods under the main clause of Article 123, paragraph (1) and the second sentence of paragraph (2) of the Supplementary Provisions; and
there are no facts, specified by an Order of the Ministry of Health, Labour and Welfare, of dispositions, publications or other measures having been taken under law with respect to violations of the provisions of laws concerning labour that are specified by Cabinet Order.
労働に関する法律の規定であつて政令で定めるものの違反に関し、法律に基づく処分、公表その他の措置が講じられた事実であつて厚生労働省令で定めるものがないこと。
In making the designation under paragraph (1), the prefectural governor must take into account the result of the evaluation of the hospital or clinic pertaining to the application under that paragraph, of which notice has been received pursuant to Article 132 of the Supplementary Provisions.
In making the designation under paragraph (1), the prefectural governor must hear the opinions of the Prefectural Council on Medical Service Facilities in advance.
都道府県知事は、第一項の規定による指定をするに当たつては、あらかじめ、都道府県医療審議会の意見を聴かなければならない。
When the prefectural governor has made the designation under paragraph (1), the prefectural governor must give public notice to that effect, pursuant to an Order of the Ministry of Health, Labour and Welfare.
都道府県知事は、第一項の規定による指定をしたときは、厚生労働省令で定めるところにより、その旨を公示しなければならない。
The prefectural governor may, to the extent necessary for the enforcement of the provisions of this Article, request a report on necessary matters from the medical institution work environment evaluation center referred to in Article 130, paragraph (1) of the Supplementary Provisions (referred to simply as the "medical institution work environment evaluation center" in Article 116, paragraph (1) of the Supplementary Provisions).