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Dental Laws in Japan
DENTIST'S LAW
Chapter Ｉ. General Provisions
Chapter Ⅱ. License
Chapter Ⅲ. Examination
Chapter Ⅲ-2. Clinical Training (Continuing Education)
Chapter Ⅳ. Practise
Chapter Ⅴ. Councils
Chapter Ⅵ. Penal Provisions
Supplementary Provisions
Chapter I. General Provisions
Article 1 (Duty)
Dentists shall take charge of dental treatment and provide health guidance, and contribute to the improvement and the promotion of public health for securing healthy life of the people.
Chapter II. License
Article 2 (License)
Those intending to practise as dentists shall pass the National Dental Practitioners' Examination and obtain license from the Minister of Health and Welfare.
Article 3 (Absolute disqualifications)
License shall not be issued to a minor, a legally incompetent person, a legally quasi-incompetent person, or a person who is deaf, dumb or blind.
Article 4 (Relative disqualification)
Anyone who comes under either of the following items may not be issued a dentist's license:
(1)One who is a mental patient or a narcotic marihuana or opium addict.
(2)One who has been subjected to a penalty heavier than a fine; and
(3)Anyone who excepting those who come under the preceding items, has committed a crime or done something wrong related to medical and dental matters.
Article 5 (Dentists register)
Dentists' Register shall be prepared by the Ministry of Health and Welfare and the matters concerning the dentists' license shall be registered therein.
Article 6 (Registration, delivery and reporting of the license certificate)
The license shall be given on registration in the dentists' register.
2.When the Minister of Health and Welfare grants the license to someone, he shall issue a dentists' license to him.
3.A dentist shall report one's name, address, (in case of one already engaged in dental profession, the place of professional work) and other matters provided for by the Ministerial Ordinance, as of Dec. 31 every two years, to the Minister of Health and Welfare through the governor of the prefecture where one's place of residence is situated, by Jan. 15 of the following year.
Article 7 (Cancellation of the license, suspension and relicensing)
In case a dentist happens to come under Article 3, the Minister of Health and Welfare shall cancel his license.
2.In case a dentist happens to come under any one of the items of Article 4 or behaves in a way detrimental to the dignity of a dentist, the Minister of Health and Welfare may cancel the license or may suspend his dental profession for a fixed term.
3.One whose license has been cancelled under the preceding paragraph, may be issued a license again when his disease is cured, or when he is found to show sincere repentance. In this case, the
provisions of Paragraph 1 and 2 Article 6 shall apply mutatis mutandis.
4.In executing the provisions of the preceding Paragraph 3, the Minister of Health and Welfare shall have the opinions of Medical Ethics Council in advance.
5.If in case the Minister of Health and Welfare decides to revoke a license in accordance with Paragraph 1 or 2, the Minister of Health and Welfare may hold a hearing and request the prefectural governor to conduct a hearing of the comments made by the subject person, subject of this disposition.
6.The legislation of Section 2, Chapter 3 (excluding Articles 25, 26 and 28) of the Governmental Procedures Act (legislation Article 88, 1993) shall apply if in case the prefectural governor conducts a hearing in accordance with the preceding mentioned legislation. In this case, "hearing" appearing in the paragraph refers to a "hearing of comments";" governmental organization" appearing in Article 15-1 of the same Act refers to the "prefectural governor";" governmental organization" appearing in Article 15-3 (including the case when Article 22-3 of the same Act applies) refers to the "subject prefectures"; "governmental organization" appearing in Article 16-4, Article 18-1 and Article 18-3 of the same Act refers to the "prefectural governor" officer appointed by governmental organization and officers appointed by other ordinances" appearing in Article 19-1 of the same Act refers to the "officer appointed by the prefectural governor";" governmental organization" appearing in Article 20-1, Article 20-2 and Article 20-4 of the same Act refers to the "prefectural government"; and "governmental organization" appearing in Article 20-6, Article 24-3 and Article 27-1 of the same Act refers to the "prefectural governor".
7.If in case the Minister of Health and Welfare is requested of documentation that corroborates the cause of the subject disposition or is required to submit documentation required to conduct a hearing of other comments, he/she shall immediately without delay, forward the said documents to the prefectural governor.
8.In accordance with the guidelines of Paragraph 5, the prefectural governor shall: define the terminology in accordance with Paragraph 6 when conducting a hearing of comments in accordance with the legislation of Paragraph 5; execute Governmental Procedures Act Article 24-3 and requested for submission of the statement taken as of Article 24-1 and the report of Article 24-3 of the same Act, the governor shall keep a record of these documentation, prepare a petition documenting the comments on the finalization of the subject disposition, and make a photocopy of thesubject statement and report for submission to the Minister of Health and Welfare.
9.The Minister of Health and Welfare has the authority to request another hearing of the comments made by the subject person if deemed necessary in accordance with the situation arising after finalization of the hearing, by returning the report submitted by the prefectural governor, in accordance with the guidelines of the preceding paragraph, back to the prefectural governor. In this case the legislation of Governmental Procedure Act Article 22-2 of the main text and Article 22-3 of the guidelines shall apply.
10.When the Minister of Health and Welfare concludes the subject disposition, the details of the comment report, statement and report in form of photocopy must be thoroughly taken into consideration.
11.If in case the Minister of Health and Welfare attempts to order termination of dental practise in accordance with the legislation of Paragraph 2, the Minister of Health and Welfare may request for the prefectural governor conduct a hearing of the subject person of the subject disposition, in addition to the opportunity of a defense by the Minister of Health and Welfare.
12.If in case a hearing of the defense is conducted in accordance with the legislationof the preceding paragraph, the prefectural governor must notify in writing the following items to the person subject of a disposition, with sufficient prior notice to the date andtime in which the hearing is scheduled to take place.
(1)Summary and details of the cause resulting in the subject disposition in accordance with the legislation of Paragraph 2.
(2)Facts leading to the subject disposition.
(3)Date, time and location of hearing of defense.
13.The Minister of Health and Welfare may request a hearing of the subject person and subject disposition by the Medical Ethics Committee, in addition to the hearing of the Minister of Health and Welfare as defined in the legislation of Paragraph 11. In this case, preceding paragraph appearing in the preceding paragraph shall be defined as next paragraph prefectural governor as Minister of Health and Welfare that should apply in accordance with the guidelines of the said paragraph.
14.Persons receiving notification as defined in Paragraph 12 (including the case when the latter statement of the preceding paragraph is applied) may be represented by counsel, and submit documentation and items of evidence.
15.When the prefectural governor or the members of the Medical Ethics Committee conducts a hearing of defense in accordance with the preceding items of Paragraph 11 or Paragraph 13, a hearing statement shall be prepared and kept, and thereafter a report shall be prepared documenting the comments on the finalization of the subject disposition for submission to the Minister of Health and Welfare.
16.If in case the prefectural governor conducts a hearing of comments in accordance with the legislation of Paragraph 5 or Paragraph 11, the Minister of Health and Welfare must priorly notify the prefectural governor of the following items.
(1)Name and address of the person concerned of the subjectdisposition.
(2)Details and articles corroborating the claim of the subject disposition.
(3)Facts corroborating the cause of the subject disposition.
17.When a hearing is conducted in accordance with Paragraph 5, the terminology as defined in Paragraph 6 shall apply; the report as defined in Paragraph 12 when conducting a hearing of defense as stipulated in Governmental Procedures Act Article 15-1 and the legislation of Paragraph 11, must be respectively based on the details in the report as defined in the preceding paragraph.
18.If in case the prefectural governor conducts a hearing of defense in accordance with Paragraph 5 or Paragraph 11, or if the Medical Ethics Committee conducts a hearing on the defense in accordance with Paragraph 13 of the prior legislation in terms of the subject disposition, the guidelines of Governmental Procedures Act Chapter 3 (excluding Article 12 and 14) shall not apply.
Article 8 (Delegation of power to the cabinet order)
In addition to what are provided for in this Chapter, necessary matters concerning the application for license, delivery, rewriting, redelivery, returning and issue of the certificate of license, registration, correction and deletion of Dentists' Register and reporting concerning dwelling-place shall be authorized by Cabinet Order.
Chapter III. Examination
Article 9 (The scope of the Examination)
The National Dental Practitioners' Examination shall be carried out on the knowledge and technique to be possessed by a dentist concerning the clinical dentistry and the oral health.
Article 10 (Carrying out of Actual Examination)
The National Dental Practitioners' Examination and its Preliminary Examination shall be held at least once a year by the Minister of Health and Welfare.
Article 11 (Qualification for the National Dental Practitioners' Examination)
Anyone who does not come under any of the following items cannot take the National Dental Practitioners' Examination:
(1)One who has graduated and completed the course of dental surgery in school of dentistry, a college or a university based on the Colleges and Universities Ordinance;
(2)One who has passed the Preliminary Examination of the National Dental Practitioners' of Examination, and, after passing it, has gone through the internship on dental treatment and oral health for more than one year;
(3)One who has graduated from a foreign school of dentistry or obtained a dentist license in a foreign country, and is recognized by the Minister of Health and Welfare to be equal to or of higher than standard specified in the preceding two items in scholarship and technique and also to be aappropriate.
Article 12 (Qualification for the Preliminary Examination)
One who has graduated from a foreign school of dentistry or obtained a dentist license in a foreign country and does not come under item 3 of the preceding article and has been recognized to be appropriate by the Minister of Health and Welfare can only take the Preliminary National Dental Practitioners' Examination.
Article 13 (Absolute disqualification for the Examination)
A legally incompetent person, or a person who is deaf, dumb or blind cannot take the National Dental Practitioners' Examination or its Preliminary Examination.
Article 14 (Relative disqualification for the Examination)
Anyone who falls in any of the category specified below may not be allowed to take the National Dental Practitioners' Examination and Preliminary National Dental Practitioners' Examination:
(1)A legally quasi-incompetent person; and
(2)One who comes under any of the items of Article 4.
Article 15 (Proceedings against the unfair examinee)
When there is any unfair deed concerning the National Dental Practitioners' Examination or the Preliminary National Dental Practitioners' Examination, anyone who has any connection with such unfair deed may be suspended or invalidated for such examination. In this case, the permission to take examination may not be given to him for a fixed term.
Article 16 (Delegation of authority to Ministerial Ordinance)
In addition to what are provided for in this Chapter, necessary matters concerning the subject, procedure, etc. of the examination and the internship shall be fixed by Ministerial Ordinance.
Chapter III-2. Clinical Training (Continuing Education)
Article 16-2
Dentists, after being licensed, are required to receive a clinical training for more than one year in University or in school of dentistry or in hospital attached to medical school (except the school with no dental facilities) or in the hospital or the clinic authorized by the Minister of Health and Welfare.
2.In authorizing the provisions of the preceding paragraph, the Minister of Health and Welfare shall have the opinions of Medical Ethics Council in advance.
3.In the application of the regulation of the first paragraph, foreign hospitals or clinics, which are recognized appropriate by the Minister of Health and Welfare, shall be deemed to the hospitals or the clinics authorized by the Minister of Health and Welfare in the first paragraph.
Article 16-3
The chiefs of the hospitals or the clinics regulated in the preceding first paragraph, when receiving a trainee, shall report to the Minister of Health and Welfare that he has done the clinical training concerned.
2.One who has done the clinical training concerned in hospitals or clinics by the Minister of Health and Welfare in the preceding first paragraph with the regulation of the preceding third paragraph shall report to the Minister of Health and Welfare that he has done the clinical training concerned.
Article 16-4
In addition of what are provided for in this Chapter, the designation of the first paragraph of Article 16-2 and necessary matters concerning the reports of paragraph 1 and 2 of preceding Article shall be fixed by the Ministerial Ordinance.
Chapter IV. Practise
Article 17 (Prohibition of practise as dentist without license)
One shall not be engaged in the dental practise unless one is duly licensed as a dentist.
Article 18 (Limit of the use of title)
One shall not use the title of dentist or attach the names liable to be confused with it, unless one is a dentist.
Article 19 (Obligation to complying with request for treatment and issuing of a certificate)
A dentist who is engaged in dental practise, shall not refuse any treatment when asked for, without any proper reason.
2.A dentist who has made treatment shall not refuse to issue a dental certificate, it asked for, without any proper reason.
Article 20 (Prohibition of treatment without examining)
A dentist shall not perform dental treatment, or deliver a dental certificates or prescriptions without examining the patients personally.
Article 21 (Duty of delivering prescription)
A dentist shall, in case where he considers it necessary to compound the drugs for the purpose of the treatment of the patient, deliver the prescription to the patient or the person actually taking care thereof, provided that, this shall not apply in case where the patient or the person actually taking care thereof has proposed that he does not need delivery of prescription, or where the case falls under any of the following items:
(1)Where it is apprehended that delivering the prescription shall to hinder the purpose of attaining the expected suggestive effect;
(2)Where it is apprehended that delivery of the prescription shall make the treatment of the disease difficult making the patient uneasy with the consultation or treatment or convalescence of the disease;
(3)Where the drugs are given in response to momentary change of the disease;
(4)Where the diagnosis or the method of treatment has not yet been determined.
(5)Where the drugs are given as an emergency measure necessary for the treatment.
(6)Where there is no person who can receive the delivery of the drugs than the patient needing rest.
(7)Where the drugs are given on a ship where there is no pharmacist on board.
Article 22 (Duty of giving instructions on health)
A dentist, in case he has examined the patients or given treatments to them, shall give instructions for recovering their health and on other matters necessary for promoting their health to the patients themselves or their guardians.
Article 23 (Record and preservation of the patient's record books)
In case a dentist has examined or given treatment, he shall enter the matters concerning the examination and the treatment in the patients' record-book.
2.The patients' record-book mentioned in the preceding paragraph concerning the treatment given by the dentists serving in hospitals or clinics shall be preserved by the managers of the hospitals or the clinics, and the record concerning the treatment other than those mentioned above by the dentists concerned for 5 years in each case.
Article 23-2
The Minister of Health and Welfare may, in case he considers that there may arise grave danger to public health and it is especially necessary to prevent it, arise give necessary instructions to the dentists with regard to dental treatment or guidance about public health.
2.The Minister of Health and Welfare shall, in giving instructions according to the arise provisions of the preceding paragraph, hear beforehand the opinion of the Medical Ethics Council.
Chapter V. Councils
Article 24 (Establishment of the Council)
The Dental Practitioners' Examination Council (hereinafter referred to as the Council) shall be established under the supervision of the Minister of Health and Welfare to make research and deliberation, in response to the request of the Minister of Health and Welfare, on important matters about the National Dental Practitioners' Examination and to take charge of the matters concerning the National Dental Practitioners' Examination and the Preliminary National Dental Practitioners' Examination.
2.The items required of the Dental Practitioners' Examination Council will be stipulated in Cabinet Order. Article 25 Deleted.Article 26 Deleted.Article 27 Deleted.
Article 28 (Prohibition of wrong doing)
The Members of the National Dentists' Examination Committee, the members of the committee of the Preliminary National Dental Practitioners' Examination and others managing the affairs of the National Dental Practitioners' Examination and the Preliminary National Dental Practitioners' Examination shall always be just and fair in performing their duties and shall be careful not to do any wrongful act.
Chapter VI. Penal Provisions
Article 29 (Penal provision)
One who comes under any one of the following items shall be liable to a penal servitude of not more than 2 years or a fine of not more than 20,000 yen:
(1)One who has violated the provision of Article 17; and
(2)One who has received the dentists license on the basis of any falsification or distortion of fact.
2.In case one, who has committed a crime under item 1 of the preceding paragraph, has, at the same time, professed himself falsely as a dentist or the like, shall be liable to a penal servitude of not more than 3 years or a fine of not more than 30,000 yen.
Article 30
One who comes under any one of the following items shall be liable to a penal servitude of not more than 1 year or a fine of not more than 10,000 yen (20,000 yen):
(1)One who has violated an order of suspension under the provision f Article 7, oParagraph 2; and
(2)One who has violated betrayed the secrecy of examination questions willfully or due to a serious mistake in contravention of the provision of Article 28.
Article 31
One who has violated the provision of Article 6 paragraph 3, Article 18, Article 20, Article 21, or Article 23 shall be liable to a fine not exceeding 5,000 yen(20,000 yen).
Supplementary Provisions:
Article 32 (Day of enforcement)
This Law shall come into force with effect from the day of enforcement (27 Octover, 1948) of the Medical Practitioners Law (Law No. 201 of 1948).
Article 33 (Validity of the old Dentists License)
Those who have received dentist's license according to the National Medical Treatment Law (Law No. 70 of 1942, hereinafter referred to as the Old Law), or the Dentists Law (Law No. 48 of 1906, hereinafter referred to as the Old Dentists Law) shall be deemed to have received the dentist's license according to this Law.
2.Those who have obtained the license for the practise of dental profession before the enforcement of the Old Dentists Law shall still carry out their profession in accordance with earlier practise.
3.The license and examination to Japanese nationals who have been licensed as dentists by Governor-General of Korea, by Governor-General of Formosa, by the Director of Saghalien Government, by the Director of South Sea Government, the Ambassador Plenipotentiary to Manchukuo or by Manchukuo, before Aug. 15, 1945 may still be in accordance with the earlier practise, forfive years after the day of enforcement of this Law.
4.In addition to those mentioned above those who have received a license as a dentists' license or dental practitioner's license in a foreign country in accordance with the law in that respective country or Japanese nationals who have received a dental practitioner's license through the embassy in China (including Manchuria and Mongolia) up to December 31, 1955 shall further matters in accordance with the aforementioned item.
Article 34 (Treatment for the medical practitioners with the dental practise)
The dental practise by the medical practitioners who, with the approval according to the provisions of Article 8 paragraph 2, of the Old Law, or being deemed to have been approved according to the provisions of Article 72 of the Enforcement Regulations of the National Medical Treatment Law (Ministry of Health and Welfare Ordinance No. 48 of 1942), can perform the job falling into the area of the technique of filling, prosthetics and orthodontics of the dental profession, shall be dealt with according to the earlier practise.
2.The medical practitioners referred to in the preceding paragraph shall be deemed to be the dentists in the application of Article 6 Paragraph 3, Article 7 Paragraph 2 (excepting the items concerning cancellation of license) Article 17 and Article 19 to Article 23 inclusive of the both.
Article 35 (Interim measure for the former example)
The medical practitioner who, receiving the approval according to the provisions of Article 8 paragraph 2 of the Old Law can profess himself as the dental profession may still profess himself as a dental profession according to earlier practise, even after the enforcement of this Law.
Article 36 (Interim measure after enforcement of the Law)
The medical practitioners who, at the time of enforcement of this Law, have studied dental surgery as specialty for more than 2 years in a school offering the course of dental surgery or are actually studying may, after the enforcement of this Law, still profess himself as a dental profession according to earlier practise with the approval of Minister of Health and Welfare, or perform the job falling into the area of technique of filling, prosthetics and orthodontics of dental profession.
2.The provisions of Article 34 paragraph 2, shall apply mutatis mutandis to the medical practitioners who may perform the job falling into the area of technique of filling, prosthodontics and orthodontics of the dental profession with the approval of Minister Welfare.
Article 37 (Validity of the older dentists register)
The registration into the Dentists' Register according to the Old Law or the Old Dentists Law shall be deemed to have been done according to this Law.
Article 38 (Validity of the measures according to the old law)
Any cancellation of dentist's license or suspension of dental profession according to the Old Law or the Old Dentists Law shall be deemed to have been done according to the corresponding provisions of this Law. In this case, the term of suspension shall still be in accordance with earlier practise.
Article 39 (Interim punishment measure)
With regard to the punishment of one who has violated the Old Dentists Law or the Ordinance issued on the basis of the same Law, or the dispositions on the basis of the above Ordinances, the Old Dentists Law shall still remain in force.
Article 40 (Validity of the earlier patients record-books)
The patients' record-books maintained by the dentists or by those mentioned in Article 34 Paragraph 1 according to the provisions of the Old Law shall be deemed to be the patients' record-books mentioned in Article 23.
Article 41 (Treatment for those qualified for the earlier preliminary examination)
Those who are qualified for Preliminary National Dental Practitioners' Examination according to the former provisions at the time of enforcement of this Law, shall be allowed to take the Preliminary National Dental Practitioners' Examination, notwithstanding the provision of Article 12.
Article 42 (Treatment for those who may receive dentists' license in accordance with the old law)
One who comes under paragraph 2 of the Supplementary Provisions of the Imperial Ordinance on Partial Amendments to the Enforcement Ordinance on the National Medical Treatment Law (Imperial Ordinance No. 402 of 1946) may receive dentists license, notwithstanding the provisions of Article 2.
Article 43 (Examination of the previously qualified examinees)
One who comes under paragraph 2 of the Supplementary Provisions of the Imperial Ordinance on Partial Amendments to the Enforcement Ordinance for the National Medical Treatment Law (Imperial Ordinance No. 137 of 1947) may take the National Dental Practitioners Examination, notwithstanding the provisions of Article 11.
Article 44 (Treatment for schools in accordance with the old law)
Colleges, universities or Technical School (specialized technical schools) permitted to continue to operate as colleges or universities according to the Colleges and Universities Ordinance (Imperial Ordinance No. 388 of 1918) or as Technical School (specialized technical schools) according to the Technical School Ordinance (Imperial Ordinance No. 61 of 1903) in accordance with the provision of Article 98 of School Education Law shall be deemed to be the colleges or universities mentioned in item 1 of Article 11.
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