The designation under the preceding Article by the Minister of Health, Labour and Welfare is to be made upon application by the establisher of a hospital or clinic, or of a pharmacy, as provided by Order of the Ministry of Health, Labour and Welfare.
厚生労働大臣による前条の指定は、厚生労働省令で定めるところにより、病院若しくは診療所又は薬局の開設者の申請により行う。
In the case where an application under the preceding paragraph has been filed, the Minister of Health, Labour and Welfare must not make the designation under the preceding Article if any of the following items applies:
the hospital or clinic, or pharmacy, pertaining to the application is not a medical institution providing services covered by health insurance or a pharmacy providing services covered by health insurance prescribed in Article 63, paragraph (3), item (i) of the Health Insurance Act (Act No. 70 of 1922);
当該申請に係る病院若しくは診療所又は薬局が、健康保険法（大正十一年法律第七十号）第六十三条第三項第一号に規定する保険医療機関又は保険薬局でないとき。
when the applicant has been sentenced to imprisonment or a severer punishment and execution of said sentence has not yet been completed or has not yet expired;
申請者が、拘禁刑以上の刑に処せられ、その執行を終わり、又は執行を受けることがなくなるまでの者であるとき。
when the applicant is punished by a fine pursuant to the provisions of this Act or another Act pertaining to health and medical care or public aid for citizens as determined by a Cabinet Order and execution of said penalty has not yet been completed or has not yet expired;
申請者が、この法律その他国民の保健医療若しくは福祉に関する法律で政令で定めるものの規定により罰金の刑に処せられ、その執行を終わり、又は執行を受けることがなくなるまでの者であるとき。
the applicant is a person whose designation has been rescinded pursuant to Article 51, paragraph (2) and for whom five years have not elapsed from the date of the rescission (including a person who was, within 60 days before the date on which the notice under Article 15 of the Administrative Procedure Act pertaining to the disposition of the rescission was given, the administrator of the hospital or clinic, or pharmacy, whose designation was rescinded, and for whom five years have not elapsed from the date of the rescission); except where the case falls under a case specified by Order of the Ministry of Health, Labour and Welfare as one for which it is found appropriate not to treat it as falling under the main clause of this item, in consideration of the degree of responsibility the applicant had regarding the facts that were the grounds for the disposition of rescission of the designation;
the applicant is a person who gave notice of declination of the designation pursuant to Article 51, paragraph (1) (excluding a person with reasonable grounds for the declination of the designation) during the period from the date on which the notice under Article 15 of the Administrative Procedure Act pertaining to the disposition of rescission of the designation under Article 51, paragraph (2) was given to the date of making the disposition or the date of deciding not to make the disposition, and for whom five years have not elapsed from the date of the notice of declination;
the applicant is a person who gave notice of declination of the designation pursuant to Article 51, paragraph (1) (excluding a person with reasonable grounds for the declination of the designation) during the period from the date on which the inspection under Article 54, paragraph (1) was conducted to the scheduled hearing decision date (meaning the specific date, where the Minister of Health, Labour and Welfare has notified the applicant, as provided by Order of the Ministry of Health, Labour and Welfare and within 10 days from the date on which the inspection was conducted, of a specific date as the date on which it is expected to be decided, based on the results of the inspection, whether to hold a hearing on the disposition of rescission of the designation under Article 51, paragraph (2)), and for whom five years have not elapsed from the date of the notice of declination;
in the case where notice of declination of the designation pursuant to Article 51, paragraph (1) was given within the period prescribed in item (v), the applicant (excluding a person with reasonable grounds for the declination of the designation) is a person who was, within 60 days before the date of the notice referred to in that item, the administrator of the hospital or clinic, or pharmacy, pertaining to the notice of declination, and for whom five years have not elapsed from the date of the notice of declination;
the applicant is a person who, within five years before the application for designation, committed an illegal or grossly unjust act relating to the medical care of public assistance recipients; or
申請者が、指定の申請前五年以内に被保護者の医療に関し不正又は著しく不当な行為をした者であるとき。
the administrator of the hospital or clinic, or pharmacy, pertaining to the application is a person falling under any of items (ii) through the preceding item.
当該申請に係る病院若しくは診療所又は薬局の管理者が第二号から前号までのいずれかに該当する者であるとき。
In the case where an application under paragraph (1) has been filed, the Minister of Health, Labour and Welfare may refrain from making the designation under the preceding Article if the hospital or clinic, or pharmacy, pertaining to the application falls under any of the following items:
it has repeatedly received guidance under Article 50, paragraph (2), regarding the medical care of public assistance recipients, on the grounds that there is a risk of lacking appropriateness in its content;
beyond what is provided for in the preceding item, it is found to be extremely inappropriate as a provider to be in charge of medical care for medical assistance.
前号のほか、医療扶助のための医療を担当させる機関として著しく不適当と認められるものであるとき。
The provisions of the preceding three paragraphs apply mutatis mutandis to the designation under the preceding Article by a prefectural governor. In this case, the term "clinic" in paragraph (1) is deemed to be replaced with "clinic (including those specified by the Cabinet Order referred to in the preceding Article; the same applies in the following paragraph and paragraph (3))", and the term "or a pharmacy providing services covered by health insurance" in paragraph (2), item (i) is deemed to be replaced with "or a pharmacy providing services covered by health insurance, or an office or facility specified by Order of the Ministry of Health, Labour and Welfare".
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