Supplementary Provisions

This Act comes into effect on the date specified by Cabinet Order within a period not exceeding six months from the date of promulgation; provided, however, that the provisions set forth in the following items come into effect on the respective dates specified in those items.

①A person who, at the time this Act comes into effect, has established a hospital having obtained the permission under Article 7, paragraph (1) of the Medical Care Act before the revision by the provisions of Article 1 (hereinafter referred to as the "Former Medical Care Act") (limited to a person who has established a hospital having the other beds prescribed in paragraph (2) of that Article (hereinafter referred to as "former other beds")) must, by the day on which two years and six months have elapsed from the date of enforcement of this Act, in accordance with the provisions of an Order of the Ministry of Health, Labour and Welfare, notify, with regard to the former other beds of that hospital, the number of beds for each bed classification prescribed in Article 7, paragraph (2), item (iv) or (v) of the Medical Care Act after the revision by the provisions of Article 1 (hereinafter referred to as the "New Medical Care Act") and other particulars specified by an Order of the Ministry of Health, Labour and Welfare.

②With regard to a person prescribed in the preceding paragraph, until the notification under that paragraph is made, the provisions of Article 1-5, paragraph (3) and Article 7, paragraph (2) of the Former Medical Care Act (limited to the portion pertaining to sanatorium-type bed groups and other beds) remain in force.

③A person prescribed in paragraph (1) is deemed, until making the notification under that paragraph, to have obtained the permission under Article 7, paragraph (1) of the New Medical Care Act for those hospital beds of the hospital established by that person that are listed in the following items, as the beds specified in those respective items:

④With regard to the application of Article 21, paragraph (1), item (i) of the New Medical Care Act to a person prescribed in paragraph (1), the phrase "in accordance with the bed classifications of the relevant hospital, physicians, dentists, nurses, and other employees in the numbers prescribed by an Order of the Ministry of Health, Labour and Welfare" in that item is deemed to be replaced with "in the case of a hospital that does not have transitional former sanatorium-type bed groups prescribed in Article 2, paragraph (3), item (v) of the Supplementary Provisions of the Act Partially Amending the Medical Care Act, etc. (Act No. 141 of 2000; hereinafter referred to as the "Amending Act" in this paragraph) (hereinafter referred to as "transitional former sanatorium-type bed groups" in this paragraph), in accordance with the bed classifications of the hospital (including transitional former other beds prescribed in Article 2, paragraph (3), item (iv) of the Supplementary Provisions of the Amending Act), physicians, dentists, nurses, and other employees in the numbers prescribed by an Order of the Ministry of Health, Labour and Welfare (in the case of a hospital that has transitional former sanatorium-type bed groups, physicians, dentists, nurses, nursing assistants, and other employees in the numbers prescribed by an Order of the Ministry of Health, Labour and Welfare)".

⑤A person who has made the notification under paragraph (1) is deemed to have obtained the permission under Article 7, paragraph (2) of the New Medical Care Act for the particulars pertaining to that notification.

⑥If a person prescribed in paragraph (1) (limited to a person who has established a hospital having only former other beds) does not make the notification under that paragraph by the day on which two years and six months have elapsed from the date of enforcement of this Act, the permission under Article 7, paragraph (1) of the New Medical Care Act pertaining to that person is deemed to have been rescinded.

⑦If a person prescribed in paragraph (1) (excluding a person who has established a hospital having only former other beds) does not make the notification under that paragraph by the day on which two years and six months have elapsed from the date of enforcement of this Act, that person is deemed to have obtained the permission under Article 7, paragraph (1) of the New Medical Care Act for the beds other than transitional former other beds among the hospital beds of the hospital established by that person.

A person who, at the time this Act comes into effect, has established a hospital having obtained the permission under Article 7, paragraph (1) of the Former Medical Care Act (excluding a person who has former other beds) is deemed to have obtained, for those hospital beds of the hospital established by that person that are psychiatric hospital beds, infectious disease hospital beds or tuberculosis hospital beds prescribed in paragraph (2) of that Article, the permission under paragraph (2) of that Article as psychiatric hospital beds, infectious disease hospital beds or tuberculosis hospital beds prescribed in Article 7, paragraph (2), items (i) through (iii) of the New Medical Care Act, respectively.

A person who, at the time this Act comes into effect, has established sanatorium-type bed groups prescribed in Article 1-5, paragraph (3) of the Former Medical Care Act in a clinic having obtained the permission under Article 7, paragraph (3) of the Former Medical Care Act is deemed to have obtained, for the beds pertaining to those sanatorium-type bed groups, the permission under paragraph (3) of that Article as long-term care beds prescribed in Article 7, paragraph (2), item (iv) of the New Medical Care Act.

For the period until the day on which two years and six months have elapsed from the date of enforcement of this Act, in Article 7-2, paragraph (1) of the New Medical Care Act, the phrase "the number of long-term care beds and general beds" is deemed to be replaced with "the number of transitional former other beds prescribed in Article 2, paragraph (3), item (iv) of the Supplementary Provisions of the Act Partially Amending the Medical Care Act, etc. (Act No. 141 of 2000; hereinafter referred to as the "Amending Act" in this Article) (hereinafter referred to as "transitional former other beds" in this Article), long-term care beds and general beds", the phrase "the Order of the Ministry of Health, Labour and Welfare under paragraph (4) of the same Article" is deemed to be replaced with "the Order of the Ministry of Health, Labour and Welfare under Article 30-3, paragraph (4) as applied with the replacement of terms pursuant to Article 7, paragraph (1) of the Supplementary Provisions of the Amending Act", and the phrase "the target number of long-term care beds and general beds" is deemed to be replaced with "the target number of transitional former other beds, long-term care beds and general beds"; and in paragraph (2) of that Article, the phrase "the number of long-term care beds and general beds" is deemed to be replaced with "the number of transitional former other beds, long-term care beds and general beds, as applied with the replacement of terms pursuant to Article 7, paragraph (1) of the Supplementary Provisions of the Amending Act", and the phrase "the target number of long-term care beds and general beds" is deemed to be replaced with "the target number of transitional former other beds, long-term care beds and general beds".

A medical care plan determined or changed pursuant to Article 30-3 of the Former Medical Care Act before this Act comes into effect is deemed to be a medical care plan determined or changed pursuant to the provisions of that Article, until it is determined or changed pursuant to Article 30-3 of the New Medical Care Act.

①For the period until the day on which two years and six months have elapsed from the date of enforcement of this Act, in Article 30-3, paragraph (4) of the New Medical Care Act, the phrase "based on the total number calculated according to each of the bed classifications" is deemed to be replaced with "relating to the total number of transitional former other beds prescribed in Article 2, paragraph (3), item (iv) of the Supplementary Provisions of the Act Partially Amending the Medical Care Act, etc. (Act No. 141 of 2000), long-term care beds and general beds".

②For the period on or after the day on which two years and six months have elapsed from the date of enforcement of this Act until the date specified by Cabinet Order, in Article 30-3, paragraph (4) of the New Medical Care Act, the phrase "based on the total number calculated according to each of the bed classifications" is deemed to be replaced with "relating to the total number of long-term care beds and general beds".

A person who currently holds a medical practitioner's license at the time of the enforcement of the provisions set forth in Article 1, item (i) of the Supplementary Provisions, and a person who applied for a medical practitioner's license before the enforcement of those provisions and received the license after their enforcement, are deemed, for the purpose of the application of the Medical Care Act as amended by the provisions of Article 2 and the Medical Practitioners' Act as amended by the provisions of Article 4, to be persons registered under Article 16-4, paragraph (1) of that Act.

A physician who made a notification pursuant to Article 8 of the Medical Care Act before the revision by the provisions of Article 2 before the enforcement of the provisions set forth in Article 1, item (i) of the Supplementary Provisions is deemed to have made a notification pursuant to Article 8 of the Medical Care Act after the revision by the provisions of Article 2.

A person who currently holds a dentist's license at the time of the enforcement of the provisions set forth in Article 1, item (ii) of the Supplementary Provisions, and a person who applied for a dentist's license before the enforcement of those provisions and received the license after their enforcement, are deemed, for the purpose of the application of the Medical Care Act as amended by the provisions of Article 3 and the Dental Practitioners Act as amended by the provisions of Article 5, to be persons registered under Article 16-4, paragraph (1) of that Act.

A dentist who made a notification pursuant to Article 8 of the Medical Care Act before the revision by the provisions of Article 3 before the enforcement of the provisions set forth in Article 1, item (ii) of the Supplementary Provisions is deemed to have made a notification pursuant to Article 8 of the Medical Care Act after the revision by the provisions of Article 3.

With regard to the application of penal provisions to acts committed before this Act (for the provisions set forth in the items of Article 1 of the Supplementary Provisions, those respective provisions) comes into effect, the provisions then in force continue to govern.

Beyond what is provided for in Article 2 through the preceding Article of the Supplementary Provisions, transitional measures necessary incidental to the enforcement of this Act are specified by Cabinet Order.