Medical Practitioners' Act

Medical practitioners are to contribute to the improvement and promotion of public health through the administration of medical care and health guidance, and thereby ensure the healthy lives of the citizens.

The national government, prefectures, administrators of hospitals or clinics, universities under the School Education Act (Act No. 26 of 1947) (hereinafter simply referred to as "universities"), academic associations related to medical science and medical techniques, associations of persons with knowledge and experience regarding medical care, and other persons concerned must strive to divide roles appropriately and to cooperate with each other while maintaining mutual collaboration, so as to improve and promote public health and ensure the healthy lives of the citizens, and so that medical practitioners may improve their qualifications.

A person who seeks to become a medical practitioner must pass the national examination for medical practitioners and receive a license from the Minister of Health, Labour and Welfare.

A license is not granted to a minor.

It is possible that a license will not be granted to person who falls under any of the following items:

A register of medical practitioners is to be prepared at the Ministry of Health, Labour and Welfare, in which the date of registration, matters regarding dispositions pursuant to the provisions of Article 7, paragraph (1), and other matters in relation to the medical practitioner's license are to be registered.

①Licensing is carried out by registration of the license in the register of medical practitioners upon application by a person who has passed the national examination for medical practitioners.

②The Minister of Health, Labour and Welfare delivers a certificate of the medical practitioner's license when the Minister has granted a license.

③A medical practitioner must notify their name, address (and the address of the place the person engages in medical practice), and any other matters specified by Order of the Ministry of Health, Labour and Welfare as of December 31 of every second year as specified by Order of the Ministry of Health, Labour and Welfare, to the Minister of Health, Labour and Welfare through the prefectural governor for the residential location, by January 15 of the following year. However, when the notification is made, pursuant to the provisions of Article 6, paragraph (1) of the Act on the Advancement of Government Administration Processes That Utilize Information and Communications Technology (Act No. 151 of 2002), using the electronic data processing system prescribed in that paragraph, it is not required to go through the prefectural governor.

When the Minister of Health, Labour and Welfare finds that a person who has applied for a medical practitioner's license falls under Article 4, item (i) and decides not to grant the person a license pursuant to the provisions of the same Article, the Minister must notify the applicant to that effect in advance, and must have an official designated by the Minister of Health, Labour and Welfare hear the opinion of the applicant when so requested by the applicant.

①When a medical practitioner comes to fall under any item of Article 4 or has acted in a way that damages their respectability as a medical practitioner, the Minister of Health, Labour and Welfare may render the following dispositions:

②A person who has been rendered a disposition of revocation pursuant to the provisions of the preceding paragraph (excluding persons who have been rendered a disposition of revocation pursuant to the provisions of that paragraph as a person who falls under Article 4, item (iii) or item (iv) or who has acted in a way that damages their respectability as a medical practitioner, for whom five years have not elapsed since the date of disposition) may be granted a new license when the person no longer falls under the circumstances which led to the revocation or when it is found appropriate to grant a new license due to subsequent circumstances. In this case, the provisions of Article 6, paragraph (1) and paragraph (2) apply mutatis mutandis.

③In rendering a disposition as provided for in the preceding two paragraphs, the Minister of Health, Labour and Welfare must hear the opinions of the Medical Ethics Council in advance.

④When the Minister of Health, Labour and Welfare seeks to render a disposition to revoke a license pursuant to the provisions of paragraph (1), the Minister may request that the prefectural governor hear the opinions of the person subject to the disposition, and the hearing of opinions may be substituted for the hearing by the Minister of Health, Labour and Welfare.

⑤The provisions of Chapter III, Section 2 (excluding Article 25, Article 26, and Article 28) of the Administrative Procedure Act (Act No. 88 of 1993) apply mutatis mutandis to the case in which a hearing of opinions is conducted by a prefectural governor pursuant to the preceding paragraph. In this case, the term "hearing" in Section 2 is deemed to be replaced with "hearing of opinions," the term "administrative agency" in Article 15, paragraph (1) and paragraph (3) of that Act (including as applied mutatis mutandis pursuant to Article 22, paragraph (3) of that Act) with "prefectural governor," the phrase "the administrative agency has" in Article 15, paragraph (4) of that Act (including as applied mutatis mutandis pursuant to Article 22, paragraph (3) of that Act) with "the prefectural governor has," the phrase "of the administrative agency" in that paragraph with "of the prefecture," the term "administrative agency" in Article 16, paragraph (4) and Article 18, paragraph (1) and paragraph (3) of that Act with "prefectural governor," the phrase "an employee nominated by an administrative agency or other persons specified by Cabinet Order" in Article 19, paragraph (1) of that Act with "an employee nominated by the prefectural governor," the term "administrative agency" in Article 20, paragraph (1), paragraph (2), and paragraph (4) of that Act with "prefecture," and the term "administrative agency" in paragraph (6) of that Article and Article 24, paragraph (3) of that Act with "prefectural governor."

⑥When documents proving the facts leading to the relevant disposition or other documents necessary for conducting a hearing of opinions is requested by a prefectural governor, the Minister of Health, Labour and Welfare must promptly send the documents to the prefectural governor.

⑦When a prefectural governor, in conducting a hearing of opinions pursuant to the provisions of paragraph (4), has received the record as set forth in Article 24, paragraph (1) of the Administrative Procedure Act and the report as set forth in paragraph (3) of that Article pursuant to the provisions of Article 24, paragraph (3) of that Act as applied mutatis mutandis pursuant to paragraph (5) following the deemed replacement of terms, the governor must keep them and submit copies of the record and the report to the Minister of Health, Labour and Welfare. In this case, if there is an opinion on the decision on the disposition, the governor must submit, in addition to the copies, a written opinion stating that opinion.

⑧When the Minister of Health, Labour and Welfare finds it necessary in light of the circumstances that arose after the conclusion of the hearing of opinions, the Minister may request the prefectural governor to return the copies of the record and the report submitted pursuant to the provisions of the first sentence of the preceding paragraph and the written opinion submitted pursuant to the provisions of the second sentence of that paragraph, and to order the presiding official to resume the hearing of opinions. The provisions of the main text of Article 22, paragraph (2), and paragraph (3) of the Administrative Procedure Act apply mutatis mutandis to this case.

⑨In making a decision on the disposition, the Minister of Health, Labour and Welfare must carefully consider the details of the written opinion and copies of the record and report submitted pursuant to the provisions of paragraph (7).

⑩When the Minister of Health, Labour and Welfare seeks to order the suspension of medical practice pursuant to the provisions of paragraph (1), the Minister may request the prefectural governor to hear the explanation of the person subject to the disposition, and may substitute the hearing of explanation for the Minister's grant of an opportunity for explanation.

⑪In conducting an explanation hearing pursuant to the provisions of the preceding paragraph, the prefectural governor must notify the person subject to the disposition of the following matters in writing, within a reasonable period of time prior to the date of the explanation hearing:

⑫In addition to the case referred to in paragraph (10), the Minister of Health, Labour and Welfare may have a member of the Medical Ethics Council hear the explanation of the person subject to the disposition, in lieu of the Minister's grant of an opportunity for explanation. In this case, the term "the preceding paragraph" in the preceding paragraph is deemed to be replaced with "the following paragraph," the term "the prefectural governor" is deemed to be replaced with "the Minister of Health, Labour and Welfare," and the provisions of the same paragraph apply.

⑬A person who has received a notice as set forth in paragraph (11) (including cases where the deemed replacement of terms is applied pursuant to the provisions of the second sentence of the preceding paragraph) may have an agent appear and submit documentary evidence or articles of evidence.

⑭When an explanation hearing has been conducted pursuant to the provisions of paragraph (10) or the first sentence of paragraph (12), the prefectural governor or a member of the Medical Ethics Council must prepare and keep a hearing report, and also prepare a report and submit it to the Minister of Health, Labour and Welfare. In this case, if there is an opinion on the decision on the disposition, the opinion must be stated in the report.

⑮When a prefectural governor is to conduct a hearing of opinions or an explanation hearing pursuant to the provisions of paragraph (4) or paragraph (10), the Minister of Health, Labour and Welfare must notify the governor of the following matters in advance:

⑯Both the notice under Article 15, paragraph (1) of the Administrative Procedure Act as applied mutatis mutandis pursuant to the provisions of paragraph (5) following the deemed replacement of terms in which a hearing of opinions is conducted pursuant to the provisions of paragraph (4), and the notice under paragraph (11) in which an explanation hearing is conducted pursuant to the provisions of paragraph (10), must be based on the details notified pursuant to the provisions of the preceding paragraph.

⑰The provisions of Chapter III of the Administrative Procedure Act (excluding Article 12 and Article 14) do not apply to the disposition when the prefectural governor conducts a hearing of opinions or an explanation hearing pursuant to the provisions of paragraph (4) or paragraph (10), or when a member of the Medical Ethics Council conducts an explanation hearing pursuant to the provisions of the first sentence of paragraph (12).

①The Minister of Health, Labour and Welfare may order a medical practitioner who has been rendered a disposition set forth in paragraph (1), item (i) or item (ii) of the preceding Article, or a person who seeks to receive a new license pursuant to the provisions of paragraph (2) of the same Article to undergo the training on maintenance of ethics as a medical practitioner or the training on the knowledge and skills that should be possessed as a medical practitioner that is specified by Order of the Ministry of Health, Labour and Welfare (hereinafter referred to as "reeducation training").

②Upon application by a person who has completed the reeducation training pursuant to the provisions of the preceding paragraph, the Minister of Health, Labour and Welfare registers the fact that the person has completed the reeducation training in the register of medical practitioners.

③When the Minister of Health, Labour and Welfare has made a registration as set forth in the preceding paragraph, the Minister delivers a registration certificate for completion of reeducation training.

④A person seeking to be registered as set forth in paragraph (2) or a person seeking to be issued a replacement or redelivery of the registration certificate for completion of reeducation training must pay the amount of fees that is specified by Cabinet Order in consideration of the actual costs.

⑤The provisions of Article 7, paragraphs (10) through (17) (excluding paragraph (12)) apply mutatis mutandis to the case in which the Minister of Health, Labour and Welfare seeks to render an order pursuant to the provisions of paragraph (1). In this case, the necessary technical replacement of terms is specified by Cabinet Order.

①When the Minister of Health, Labour and Welfare finds that it is necessary to investigate whether a disposition should be made regarding a medical practitioner pursuant to the provisions of Article 7, paragraph (1), the Minister may seek the opinions of and collect reports from persons who are connected with the case, or witnesses, order the owners of medical records and other objects to submit them, and have the relevant officials enter the hospital or any other location that is connected with the case and inspect the medical records and other objects.

②An official seeking to carry out entry and inspection pursuant to the provisions of the preceding paragraph must carry an identification card and produce it when requested to do so by the persons concerned.

③The authority for entry and inspection pursuant to paragraph (1) must not be construed as being approved for the purposes of criminal investigation.

Beyond what is provided for in this Chapter, necessary matters related to application for license, registration, correction, and cancellation in the register of medical practitioners, the delivery, replacement, redelivery, return, and submission of license certificates, and notification of address are specified by Cabinet Order, and necessary matters related to the dispositions set forth in Article 7, paragraph (1), the implementation of reeducation training as set forth in Article 7-2, paragraph (1), registration in the register of medical practitioners as set forth in paragraph (2) of the same Article, and the delivery, replacement, and redelivery of the registration certificate for completion of reeducation training as set forth in paragraph (3) of the same Article are specified by Order of the Ministry of Health, Labour and Welfare.

The national examination for medical practitioners tests the requisite knowledge and skills related to medical science and public health in clinical practices that a person should possess as a medical practitioner.

①The national examination for medical practitioners and the national preliminary examination for medical practitioners are to be given by the Minister of Health, Labour and Welfare at least once every year.

②The Minister of Health, Labour and Welfare must hear the opinions of the Medical Ethics Council in advance when seeking to specify the subjects, implementation, or method of determining successful examinees of the national examination for medical practitioners or the national preliminary examination for medical practitioners.

①A person who does not fall under any of the following items may not take the national examination for medical practitioners:

②When the Minister of Health, Labour and Welfare seeks to draft the enactment or amendment of the Order of the Ministry of Health, Labour and Welfare set forth in item (i) of the preceding paragraph, the Minister must hear the opinions of the Medical Ethics Council.

A person who has graduated from a medical school in a foreign state or who has acquired a medical practitioner's license in a foreign state may take the national preliminary examination for medical practitioners if the person does not fall under paragraph (1), item (iii) of the preceding Article and has been approved as eligible by the Minister of Health, Labour and Welfare.

When there has been any wrongful act in connection with the national examination for medical practitioners or the national preliminary examination for medical practitioners, the person involved in the wrongful act may be stopped from taking the examination, or may have the examination invalidated. In this case, the person may be barred from taking the examination within a specified period.

Beyond what is provided for in this Chapter, the subjects for examination, examination procedures, and other necessary matters related to examinations, as well as necessary matters related to practical training, are specified by Order of the Ministry of Health, Labour and Welfare.

①A medical practitioner who seeks to engage in medical practice must undergo clinical training for a period of two years or more at a hospital designated by the prefectural governor or at a hospital in a foreign country designated by the Minister of Health, Labour and Welfare.

②A designation pursuant to the provisions of the preceding paragraph is made upon application by the establisher of the hospital that seeks to conduct clinical training.

③The Minister of Health, Labour and Welfare or the prefectural governor must not make a designation pursuant to the provisions of paragraph (1) unless the Minister or governor finds that the hospital that is the subject of the application under the preceding paragraph satisfies the following standards:

④When the Minister of Health, Labour and Welfare or the prefectural governor subsequently finds that it is inappropriate for the hospital designated pursuant to the provisions of paragraph (1) to conduct clinical training, the Minister or governor may revoke the designation.

⑤When the Minister of Health, Labour and Welfare seeks to make a designation pursuant to the provisions of paragraph (1) or to revoke a designation pursuant to the provisions of the preceding paragraph, or seeks to prepare a draft for the establishment, amendment or abolition of the Order of the Ministry of Health, Labour and Welfare set forth in paragraph (3), item (iv), the Minister must hear the opinions of the Medical Ethics Council in advance.

⑥When a prefectural governor seeks to make a designation pursuant to the provisions of paragraph (1) or to revoke a designation pursuant to the provisions of paragraph (4), the governor must hear in advance the opinions of the regional medical care measures council prescribed in Article 30-23, paragraph (1) of the Medical Care Act (Act No. 205 of 1948) (hereinafter referred to as the "regional medical care measures council").

⑦When a prefectural governor has heard the opinions of the regional medical care measures council pursuant to the provisions of the preceding paragraph, the governor must endeavor to reflect those opinions in making a designation pursuant to the provisions of paragraph (1) or in revoking a designation pursuant to the provisions of paragraph (4).

①The Minister of Health, Labour and Welfare is to, each fiscal year, determine the quota of clinical trainees (meaning medical practitioners who undergo clinical training at clinical training hospitals (meaning hospitals designated by the prefectural governor as prescribed in paragraph (1) of the preceding Article; the same applies in paragraph (3) and paragraph (1) of the following Article); hereinafter the same applies in this Article and Article 16-8) for each prefecture.

②When the Minister of Health, Labour and Welfare seeks to determine the quota of clinical trainees pursuant to the provisions of the preceding paragraph, the Minister must hear the opinions of the Medical Ethics Council in advance.

③A prefectural governor is to, each fiscal year, within the scope of the quota of clinical trainees for each prefecture determined by the Minister of Health, Labour and Welfare pursuant to the provisions of paragraph (1), determine the quota of clinical trainees for each clinical training hospital located within the area of the prefecture.

④When a prefectural governor seeks to determine the quota of clinical trainees pursuant to the provisions of the preceding paragraph, the governor must give consideration to the status of the number of medical practitioners in the areas where securing medical practitioners should be particularly pursued, as prescribed in Article 5-2, paragraph (1) of the Medical Care Act.

⑤When a prefectural governor seeks to determine the quota of clinical trainees pursuant to the provisions of paragraph (3), the governor must notify the Minister of Health, Labour and Welfare of its content in advance.

⑥When a prefectural governor seeks to give the notification pursuant to the provisions of the preceding paragraph, the governor must hear the opinions of the regional medical care measures council in advance.

⑦When a prefectural governor has heard the opinions of the regional medical care measures council pursuant to the provisions of the preceding paragraph, the governor must endeavor to reflect those opinions in determining the quota of clinical trainees pursuant to the provisions of paragraph (3).

①When a prefectural governor finds it necessary to ensure the proper implementation of the clinical training operations, the governor may request the administrator or establisher of a clinical training hospital to submit a report on its operations, or may give necessary instructions to the administrator or establisher regarding its operations.

②When the Minister of Health, Labour and Welfare finds it necessary to ensure the proper implementation of the clinical training operations, the Minister may request the administrator or establisher of a hospital designated by the Minister of Health, Labour and Welfare prescribed in Article 16-2, paragraph (1) to submit a report on its operations, or to take necessary measures.

A medical practitioner who is undergoing clinical training must devote themselves to the clinical training and endeavor to improve their qualities.

①Upon application by a person who has completed the clinical training pursuant to the provisions of the Article 16-2, paragraph (1), the Minister of Health, Labour and Welfare must register the fact that the person has completed clinical training in the register of medical practitioners.

②When the Minister of Health, Labour and Welfare has made a registration as set forth in the preceding paragraph, the Minister delivers a registration certificate for completion of clinical training.

A person seeking to be registered as set forth in paragraph (1) of the preceding Article and a person seeking to be issued a replacement or redelivery of the registration certificate for completion of clinical training must pay the amount of fees that is specified by Cabinet Order in consideration of the actual costs.

Beyond what is provided for in this Section, necessary matters related to designation as set forth in Article 16-2, paragraph (1), determination of the quota of clinical trainees as set forth in Article 16-3, paragraph (1) and paragraph (3), registration in the register of medical practitioners as set forth in Article 16-6, paragraph (1), and delivery, replacement, and redelivery of the registration certificate for completion of clinical training as set forth in paragraph (2) of the same Article are specified by Order of the Ministry of Health, Labour and Welfare.

The national government, prefectures, administrators of hospitals or clinics, universities, academic associations related to medical science and medical techniques, associations of persons with knowledge and experience regarding medical care, and other persons concerned must endeavor to cooperate with each other while maintaining mutual collaboration, with an appropriate division of roles, so that training of medical practitioners is conducted in consideration of its impact on securing the medical care provision system (meaning the medical care provision system prescribed in Article 30-3, paragraph (1) of the Medical Care Act; the same applies in paragraph (1) of the following Article).

①When an academic association related to medical science and medical techniques or any other association specified by Order of the Ministry of Health, Labour and Welfare seeks to establish or change a plan concerning the training of medical practitioners (limited to a case specified by Order of the Ministry of Health, Labour and Welfare in which implementing training based on the plan would have a significant impact on securing the medical care provision system), it must hear the opinions of the Minister of Health, Labour and Welfare in advance.

②When the Minister of Health, Labour and Welfare seeks to prepare a draft for the establishment, amendment or abolition of the Order of the Ministry of Health, Labour and Welfare that specifies the associations referred to in the preceding paragraph, the Minister must hear the opinions of the Medical Ethics Council.

③When the Minister of Health, Labour and Welfare states opinions pursuant to the provisions of paragraph (1), the Minister must hear the opinions of the prefectural governors concerned in advance.

④When a prefectural governor states opinions pursuant to the provisions of the preceding paragraph, the governor must hear the opinions of the regional medical care measures council in advance.

⑤When an association specified by Order of the Ministry of Health, Labour and Welfare under paragraph (1) has heard the opinions of the Minister of Health, Labour and Welfare pursuant to the provisions of that paragraph, it must endeavor to reflect those opinions in the content of the plan concerning the training of medical practitioners prescribed in that paragraph.

①When the Minister of Health, Labour and Welfare finds it particularly necessary to ensure that medical practitioners have opportunities to receive training in the latest knowledge and skills concerning medical care without impairing their health through long working hours, the Minister may request an academic association related to medical science and medical techniques or any other association specified by Order of the Ministry of Health, Labour and Welfare that conducts or seeks to conduct such training to take necessary measures regarding the implementation of the training.

②When the Minister of Health, Labour and Welfare seeks to prepare a draft for the establishment, amendment or abolition of the Order of the Ministry of Health, Labour and Welfare under the preceding paragraph, the Minister must hear the opinions of the Medical Ethics Council.

③When an association specified by Order of the Ministry of Health, Labour and Welfare under paragraph (1) has been requested by the Minister of Health, Labour and Welfare pursuant to the provisions of that paragraph to take necessary measures regarding the implementation of training, it must endeavor to comply with the request.

No person except a medical practitioner may engage in medical practice.

Notwithstanding the provisions of the preceding Article, a student majoring in medicine at a university who has passed the common examination may, in clinical practicum conducted by the university, under the guidance and supervision of a medical practitioner, engage in medical practice (excluding that specified by Cabinet Order; the same applies in the following Article) in order to acquire the knowledge and skills that a medical practitioner should possess.

A person who engages in medical practice pursuant to the provisions of the preceding Article must not divulge to others a secret of a person that the person has learned in the course of those duties, except where there is a justifiable reason. The same applies after the person has ceased to be a person who engages in medical practice pursuant to the provisions of that Article.

No person except a medical practitioner may use the title of medical practitioner or a title that may be confused with this.

①No medical practitioner who engages in medical practice may refuse any request for medical examination or treatment without legitimate grounds.

②No medical practitioner who has performed an examination or fact examination, or who was in attendance at a birth may refuse a request for a medical certificate, certificate of post mortem examination, birth certificate, or certificate of stillbirth without legitimate grounds.

No medical practitioner may provide medical treatment or issue a medical certificate or prescription without personally performing a medical examination, nor issue a birth certificate or certificate of stillbirth without personally being in attendance at the birth, nor issue a certificate of post mortem examination without personally performing the fact examination; provided, however, that this does not apply to a death certificate that has been issued where a patient undergoing medical care has died within 24 hours of the medical examination.

When a medical practitioner finds any abnormality during the fact examination of a corpse or stillborn baby from a pregnancy that had entered its fourth month or beyond, the medical practitioner must notify the competent police station within 24 hours.

①If a medical practitioner finds it necessary to dispense and administer medicine as a part of a patient's treatment, the medical practitioner must issue a prescription to the patient or a person caring for the patient; provided, however, that this does not apply when the patient or a person caring for the patient states that it is not necessary to issue a prescription, or in any of the following cases:

②When a medical practitioner has provided a prescription pursuant to the provisions of Article 12-2, paragraph (1) of the Act on Promotion of Comprehensive Securing of Medical and Long-Term Care in Communities (Act No. 64 of 1989), the medical practitioner is deemed to have issued a prescription to the patient or the person caring for the patient set forth in the preceding paragraph.

When a medical practitioner has provided medical care, the medical practitioner must give guidance to the person in question or to their custodian on the method of treatment and other matters necessary to improve their health.

①When a medical practitioner has provided medical care, the medical practitioner must enter the matters related to that medical care in a medical record without delay.

②Medical records as set forth in the preceding paragraph must be kept for a period of five years by the administrator of the hospital or clinic where medical care was provided by a medical practitioner works at that hospital or clinic, and by the medical practitioner themselves for medical records related to other medical care.

①Where there is a risk of causing serious harm to public health, and the Minister of Health, Labour and Welfare finds it especially necessary to do so in order to prevent the harm, the Minister may give necessary instructions to medical practitioners regarding medical treatment or health guidance.

②The Minister of Health, Labour and Welfare must hear the opinions of the Medical Ethics Council in advance before giving instructions pursuant to the provisions of the preceding paragraph.

①A medical practitioners' examiner is to be assigned at the Ministry of Health, Labour and Welfare to administer affairs related to the national examination for medical practitioners and the national preliminary examination for medical practitioners.

②Necessary matters related to the medical practitioners' examiner are specified by Cabinet Order.

The medical practitioners' examiner and other persons in charge of affairs related to the national examination for medical practitioners and the national preliminary examination for medical practitioners must preserve impartiality and not act unfairly in implementing those affairs.

The Minister of Health, Labour and Welfare is to publicize the names of medical practitioners and other matters specified by Cabinet Order, to enable persons receiving medical treatment and the citizens to confirm the qualifications of medical practitioners and to choose adequate medical treatment.

The affairs to be administered by the prefectures pursuant to the provisions of Article 6, paragraph (3), Article 7, paragraph (4) and the first sentence of paragraph (8), and paragraphs (10) and (11) of that Article (including as applied mutatis mutandis pursuant to Article 7-2, paragraph (5)); Article 15, paragraphs (1) and (3) (including as applied mutatis mutandis pursuant to Article 22, paragraph (3) of that Act), Article 16, paragraph (4), Article 18, paragraphs (1) and (3), Article 19, paragraph (1), Article 20, paragraph (6) and Article 24, paragraph (3) of the Administrative Procedure Act as applied mutatis mutandis pursuant to Article 7, paragraph (5); and Article 15, paragraph (3) of that Act as applied mutatis mutandis pursuant to Article 22, paragraph (3) of that Act as applied mutatis mutandis pursuant to the second sentence of Article 7, paragraph (8) are Type I statutory entrusted functions prescribed in Article 2, paragraph (9), item (i) of the Local Autonomy Act (Act No. 67 of 1947).

①A person who falls under any of the following items is punished by imprisonment for not more than three years, a fine of not more than one million yen, or both:

②When a person who has committed the crime set forth in item (i) of the preceding paragraph has used the title of medical practitioner or a similar title, the person is punished by imprisonment for not more than three years, a fine of not more than two million yen, or both.

A person who has been ordered to suspend medical practice pursuant to the provisions of Article 7, paragraph (1) and who has engaged in medical practice during the period of suspension is punished by imprisonment for not more than one year, a fine of not more than five hundred thousand yen, or both.

A person who has violated the provisions of Article 30 and has divulged examination questions in advance either intentionally or through gross negligence, or who has intentionally and wrongfully scored examinations is punished by imprisonment for not more than one year or a fine of not more than five hundred thousand yen.

①A person who has violated the provisions of Article 17-3 and divulged a secret of another person that the person learned in the course of duties is punished by imprisonment for not more than six months or a fine of not more than one hundred thousand yen.

②The crime prescribed under the preceding paragraph is prosecuted only upon complaint.

A person falling under any of the following items is liable to a fine of five hundred thousand yen or less:

When the representative of a corporation, or an agent, employee or other worker of a corporation or individual, commits a violation set forth in item (iii) of the preceding Article in connection with the business of the corporation or individual, not only the offender but also the corporation or individual is punished by the fine prescribed in that Article.