Supplementary Provisions, Article 108

①The administrator of a hospital or clinic must, for the time being, pursuant to an Order of the Ministry of Health, Labour and Welfare, have face-to-face guidance conducted by a physician (limited to a person who meets the requirements specified by an Order of the Ministry of Health, Labour and Welfare as being appropriate to conduct face-to-face guidance (meaning guidance in which the physical and mental state is ascertained by medical interview or other means and the necessary guidance is given in person accordingly; the same applies hereinafter) for a physician subject to face-to-face guidance; hereinafter in this Article referred to as the "physician conducting face-to-face guidance") for those physicians working at the hospital or clinic whose working hours status in each month falls under the requirements specified by an Order of the Ministry of Health, Labour and Welfare (hereinafter in this Article referred to as "physicians subject to face-to-face guidance").

②A physician subject to face-to-face guidance must receive the face-to-face guidance provided by the administrator of the hospital or clinic pursuant to the preceding paragraph. However, this does not apply where, in the case of not wishing to receive face-to-face guidance conducted by the physician conducting face-to-face guidance designated by that administrator, the physician has received face-to-face guidance equivalent to the face-to-face guidance under that paragraph conducted by another physician conducting face-to-face guidance and has submitted a document certifying the result to that administrator.

③The administrator of a hospital or clinic must, pursuant to an Order of the Ministry of Health, Labour and Welfare, provide the physician conducting face-to-face guidance with information on the working hours of the physician subject to face-to-face guidance and other information specified by an Order of the Ministry of Health, Labour and Welfare as necessary for the physician conducting face-to-face guidance to conduct the face-to-face guidance appropriately.

④The administrator of a hospital or clinic must, based on the result of the face-to-face guidance under paragraph (1) or the proviso to paragraph (2), hear the opinion of the physician conducting face-to-face guidance, pursuant to an Order of the Ministry of Health, Labour and Welfare, on the measures necessary to maintain the health of the relevant physician subject to face-to-face guidance.

⑤The administrator of a hospital or clinic must, taking into account the opinion of the physician conducting face-to-face guidance under the preceding paragraph and where finding it necessary, take appropriate measures such as shortening working hours and reducing the number of night duty shifts, in consideration of the actual situation of the relevant physician subject to face-to-face guidance, pursuant to an Order of the Ministry of Health, Labour and Welfare.

⑥The administrator of a hospital or clinic must, in the case where the working hours status in each month of a physician subject to face-to-face guidance falls under the requirements specified by an Order of the Ministry of Health, Labour and Welfare as being of particularly long hours, take the measures necessary to shorten working hours for that physician, pursuant to an Order of the Ministry of Health, Labour and Welfare.

⑦The administrator of a hospital or clinic must, pursuant to an Order of the Ministry of Health, Labour and Welfare, record and preserve the contents of the face-to-face guidance under paragraph (1) and the proviso to paragraph (2), the hearing of the opinion of the physician conducting face-to-face guidance under paragraph (4), and the measures under the preceding two paragraphs.

⑧In the case where face-to-face guidance under Article 66-8, paragraph (1) of the Industrial Safety and Health Act (Act No. 57 of 1972) (limited to that which falls under the requirements specified by an Order of the Ministry of Health, Labour and Welfare) has been conducted for a physician subject to face-to-face guidance, notwithstanding the provisions of paragraph (1), it is not necessary to conduct the face-to-face guidance under that paragraph.