Dental Laws in Japan

DENTIST HYGIENIST'S LAW

(Law No. 204 of July 30, 1948)

The Final Amendment: Law No. 31 of 1989

Article 1 (The purpose of the law)

　The purpose of this law is to fix the qualification for dental hygienists, and thereby to prevent dental disease and to elevate oral health.

Article 2 (Definition of "dental hygienist")

　In this Law, "dental hygienist" shall mean a person who has been licensed by the Minister of Health and Welfare and practises the following job as a part of procedures for prevention of dental and oral diseases under direct　guidance of a dentist (including a medical practitioner who may practise as a dental professional):

(1)Removal by mechanical means of adhesion and deposit on the exposed surface of tooth and the normal free subgingival part, and

(2)Topical application of therapeutic agent to the tooth surface and mucus membrane of the oral cavities.

2.A dental hygienist assists in dental practise notwithstanding the provisions of Article 31 paragraph 1 (Limitation of the Professional Scope of Nurse) and Article 32 (Limitation of Professional Scope of Assistant Nurse) of PUBLIC-HEALTH NURSE, MIDWIFE AND NURSE LAW (Law No. 203 of 1948).

3.In addition to the previous two items, a dental hygienist gives dental health guidance with authority as a dental hygienist.

Article 3 (License)

　One who wants to practise as a dental hygienist must pass the dental hygienist examination (hereinafter to be called the "examination") and obtain a dental hygienist license (hereinafter to be called the "license") from the Minister of Health and Welfare.

Article 4 (Absolute disqualification)

　The license shall not be given to those who are deaf, dumb or blind.

Article 5 (Relative disqualification)

　The license may not be given to one who comes under any of the following items:

(1)One who has been sentenced in excess of monetary penalty;

(2)One who has committed a crime or done a wrongful act concerning the practise of a dental hygienist, excepting one who comes under the preceding item (1);(The practise includes the work of assistance in dental treatment and instruction on dental health in the name of a dental hygienist, and the work called "practise" in Article 7 paragraph 3 and Article 8 paragraph 2.)

(3)One who is of very loose character; and

(4)One who is a mental patient, or a narcotic, opiums or marihuana addict or who has an infectious disease.

Article 6 (List of dental hygienists)

　A list of Dental Hygienists shall be prepared by the Ministry of Health and Welfare and the matters concerning the license shall be registered therein.

Article 7 (Registration, issue of certificate and reporting)

　The license shall be furnished on its registration in the list of Dental Hygienists.

2.When the Minister of Health and Welfare grants a license, he shall deliver the certificate of dental hygienist license (hereinafter to be called the "certificate").

3.A dental hygienist shall report her/his name, address (in case of one engaged in the practise, the place as well) and other matters provided for by the Ministerial Ordinance, as of December 31 every 2 years, to the governor of the prefecture she/he resides in, by January 15 of the next year.

Article 8 (Cancellation and suspension of the license, and relicensing)

　In case a dental hygienist comes under Article 4, the Minister of Health and Welfare shall cancel her/his license.

2.In case a dental hygienist comes under any of the items of Article 5, or behaves in a way detrimental to the dignity of a dental hygienist, the Minister of Health and Welfare may cancel her/his license or may order her/his >suspension practise for a fixed period.

3.One who has been dealt with by cancellation of license under the preceding paragraph may be relicensed when the disease is cured, or when she/he shows sincere repentance. In this case, the provision of the preceding Article paragraph 1 or paragraph 2 shall apply mutatis mutandis.

Article 8-2 (Designation of authorized agency for registration)

　The Minister of Health and Welfare may designate anybody (hereinafter called "authorized agency for registration" to carry out the matters concerning procedures of registration (hereinafter to be called "registration procedure") of dental hygienist under the provision of theMinisterial Ordinance.

2.The authorized agency for registration shall be designated upon application by those who shall take up registration procedure under the provision of the application by Ministerial Ordinance.

3.The Minister of Health and Welfare shall not designate an authorized agency for registration, unless he recognizes that there is no other designee and that the application mentioned in the preceding paragraph complies with the requirements mentioned in the following items:

(1)The plan of carrying out the procedures of registration, such as the method of managing the staff, equipment, registration procedure and the like, shall be appropriate for just and certain implementation; and

(2)The plan of carrying out the procedures of registration mentioned in the preceding item shall have necessary financial and technical basis for proper and certain implementation.

4.The Minister of Health and Welfare shall not designate an authorized agency for registration, in case the application mentioned in paragraph 2 comes under any of the following items:

(1)The applicant shall be someone other than a juridical person established according to the Article 34 of Civil Law (Law No. 89 of 1896);

(2)In case there is a possibility that the applicant shall not be able to carry out the registration procedures well because of other work than the job of registration procedures;

(3)The applicant shall be one whose designation has not been cancelled according to the provision of Article 8 paragraph 13, within a period of not more than two years;

(4)In case any one of the directors of the applicant comes under any one of the following items;

(a)One who passed not more than two years since completition of execution of his sentence in violation of this Law;

(b)One who passed not more than two years since his dismissal from service by an order according to the Article 8-3 paragraph 2.

Article 8-3 (Nomination and dismissal of a director of an authorized agency for registration)

　Nomination and dismissal of any director of an authorized agency for registration shall come into effect upon approval by the Minister of Health and Welfare.

2.The Minister of Health and Welfare may issue an order of dismissal to an authorized agency, in case any director thereof violates this Law (including any order according to this Law) or the stipulated registration procedures under the provision of Article 8 paragraph 5 item 1, or performs highly improper act in connection with the registration procedures;

Article 8-4 (Project plan & budget)

　The authorized agency for registration shall prepare a project plan and budget each year, which shall be approved by the　Minister of Health and Welfare before the beginning of the year (not later than the designated day in each year). 　The same shall apply in case of any change therein.

2.Authorized agencies for registration are required to prepare a business report and settlement of the operations during the fiscal year within 3　months of the business report　beginning of the fiscal operation year to be submitted to the Minister of Health and Welfare.

Article 8-5 (Prescriptions for the registration)

The authorized agency for registration shall prepare a prescription (hereinafter called "the prescription of registration procedures") for carrying out the registration procedures before actually taking them up, and it shall be approved by the Minister of Health and Welfare. The same may apply to any change therein.

2.The matters to be shown in the prescription for registration procedures shall be stipulated by the Ministerial Ordinance.

3.The Minister of Health and Welfare may order the authorized agency to make changes in case he recognizes that the prescription for registration procedures approved as per paragraph 1 is not appropriate to fairly and certainly carry out the registration procedures.

　

Article 8-6 (Registration procedures, etc. of the authorized agency)

　In applying the prescription of Article 6 and Article 7 paragraph 2 (including Article 8 paragraph 3 mutatis mutandis), when the authorized agency takes up the registration procedures, "the Ministry of Health and Welfare" in Article 6 shall be replaced by "the authorized agency for registration"; "the Minister of Health and Welfare" by "the very Minister of Health and Welfare"; "certificate of dental hygienist license hereinafter called the "certificate")" by "the authorized agency for registration shall deliver the certificate of dental hygienist license".

2.In case the authorized agency for registration takes up registration procedures, one who will get a renewal or reissue of register or license, or certificate of dental hygienist, shall pay the handling fee equivalent to the actual cost to the authorized agency for registration.

3.According to the preceding item, the handling fee paid to the authorized agency shall be regarded as an income of the authorized agency for registration.

Article 8-7

　Any present or former director or staff shall not reveal confidential matters concerning registration procedures.

2.In applying criminal law (Law No. 45 of 1907) or other penal provisions to any director or staff working with the authorized agency for registration, he shall be regarded as an official working under public services under the law.

Article 8-8 (Preparation of account)

　The authorized agency for registration shall provide and maintain a book containing all the prescriptions concerning registration procedures as provided for by the Ministerial Ordinance.

Article 8-9 (Order of supervision)

　When he recognizes it necessary to carry out this Law, the Minister of Health and Welfare may supervise the authorized agency and make order about necessary matters concerning registration procedures.

Article 8-10 (Report)

　When he recognizes it necessary to carry out this Law, the Minister of Health and Welfare may get the authorized agency to report as required according to the Ministerial Ordinance.

Article 8-11 (On-the-spot inspection)

　When he recognizes it necessary to carry out this Law, the Minister of Health and Welfare may have the official make on-the-spot inspection of matters necessary such as books, documents and the like at the authorized agencys office, and ask questions of the persons concerned as required.

2.Any official who shall make an on-the-spot inspection under the provision of the preceding paragraph, shall carry an identification card and exhibit it to the persons concerned when asked for.

3.The competence prescribed in paragraph 1 shall not be interpreted as its approval for criminal investigation.

Article 8-12 (Suspension and abrogation of registration procedures)

　The authorized agency for registration shall not suspend or abrogate the whole or a part of the procedures unless permitted by the Minister of Health and Welfare.

Article 8-13 (Cancellation, etc. of the authorized agency for registration)

　The Minister of Health and Welfare shall cancel the designation when the authorized agency comes under any one of the items of Article 8-2 paragraph 4 (excluding item 3).

2.The Minister of Health and Welfare may cancels the designation or suspends the whole or a part of the registration for a fixed period, when the authorized agency comes under any one of the following items:

(1)When it is recognized that it does not fulfill the requirements in any item of Article 8-2 paragraph 3;

(2)When it disobeys orders under the provisions of Article 8-3 paragraph 2, Article 8-5 paragraph 3 or Article 8-9;

(3)When it violates the prescription of Article 8-4 or the preceding Article;

(4)When it takes up registration procedures beyond the prescription of registration procedures approved under Article 8-5 paragraph 1;

(5)When it is against the provision of paragraph 1 of the following Article.

Article 8-14 (Designation of condition)

　The designation, approval or permission according to the provisions of Article 8-2 paragraph 1, Article 8-3 paragraph 1, Article 8-4 paragraph 1, Article 8-5 paragraph 1, or Article 8-12 may be subjected to condition and changed.

2.The condition mentioned in the preceding item shall be limited to the minimum necessity in order to certainly carry out the matters concerning the designation, approval or permission, and shall not be unreasonably obligatory to those who are designated, approved or permitted.

Article 8-15

Deleted.

Article 8-16 (Claim of investigation into the disposition)

　When one is not satisfied with the disposition or cesser concerning the registration procedures carried out by the authorized agency for registration, he may claim an investigation by the Minister of Health and Welfare under a Complaint against Administrative Action Inquiries Act (Law No. 160 of 1962).

Article 8-17 (Carrying out of registration procedures by the Minister of Health and Welfare)

　The Minister of Health and Welfare shall not take up registration procedures when he designates an authorized agency for registration.

2.The Minister of Health and Welfare shall take up himself the whole or a part of the registration procedures approved according to the provision of Article 8-12, when the Minister suspends the whole or a part of registration procedures according to the provision of Article 8-13 paragraph 2, or when the authorized agency is unable to carry out the whole or a part of registration procedures due to an act of God or other reasons.

Article 8-18 (Public notification)

　The Minister of Health and Welfare shall make public notification in the official gazette in the following cases:

(1)Designation according to the provision of Article 8-2 paragraph 1;

(2)Permission according to the provision of Article 8-12;

(3)Cancellation of designation or suspension of the whole or a part of registration procedures according to the provision of Article 8-13; and

(4)When the Minister will carry out himself the whole or a part of the registration procedures, or decides not to carry out the whole or a part of registration procedures which has been done by himself according to the provision of the preceding Article paragraph 2.

Article 9 (Delegation of power of decision by Cabinet Order) 　Except for the provisions of this Law, matters concerning application for license, registration, correction and erasure of the Dental Hygienist List, delivery, delivery of re-writing, re-delivery, returning and presentation of the license or license certificate, reporting of the residence, and taking over of the authorized agency for registration and its registration procedures, shall be prescribed by Cabinet Order.

Article 10 (Aim of the examination)

　The examination shall be given on knowledge and technical ability required of a dental hygienist.

Article 11 (Carrying out of the examination)

　The examination shall be held by the Minister of Health and Welfare at least once a year.

Article 11-2 (Prohibition of wrongful act on the examination)

　The Minister of Health and Welfare shall make the Dental Hygienist Examination Council" to be established in the Ministry of Health and Welfare (to be called "Examination Council in the following paragraph) handle the preparation of questions and making answers for the examination.

2.The members of the Examination Council shall remain strict and shall not perform any wrongful act in connection with their duties concerning preparation of questions and making answers.

Article 12 (Qualification for the examination)

　Only those who come under anyone of the following items shall be allowed to take the examination:

(1)Graduates from the dental hygienist school authorized by the Minister of Education.

(2)Graduates from the dental hygienist training school authorized by the Minister of Health and Welfare.

(3)Those who graduated from a foreign dental hygienist school or who received a dental hygienist license in foreign countries, and are judged by the Minister of Health and Welfare to be equivalent to those under the preceding item 2 in terms of possession of knowledge and technical ability.

Article 12-2 (Suspension or invalidation of the examination for wrongful act related to the examination)

　The Minister of Health and Welfare may suspend a person from the examination and invalidate the examination of the person connected thereto when there is any wrongful act regarding the examination.

2.The Minister of Health and Welfare may bar the person disposed of according to the preceding paragraph from taking the examination for a fixed period.

Article 12-3 (Examination fee)

　Those who will take an examination shall pay the examination fee to the state in an amount equivalent to the actual cost prescribed by a Cabinet Order.

2.The examination fee of the preceding paragraph shall not be returned if a payer does not take the examination.

Article 12-4 (Designation of authorized agency for examination)

　The Minister of Health and Welfare may designate anybody (hereinafter called "the authorized agency for examination") to conduct the procedures concerning the examination (hereinafter called "examination procedures").

2.The authorized agency for examination shall be designated upon application from those who conduct examination procedures under the provisions of the Ministerial Ordinance.

Article 12-5 (Examination Council)

　The authorized agency for examination shall have the Dental Hygienist Examination does Council (hereinafter called "the Examination Council" mentioned in the following Article and paragraphs and Article 12-8), prepare the question papers and answers for the examination.

2.The authorized agency for examination shall nominate a person who fulfills the requirements prescribed by the Ministerial Ordinance to the Examination Council.

Article 12-6 (Prohibition of wrongful act on the examination)

　The Members of the Examination Council shall remain strict and shall not perform any wrongful act in connection with their duties concerning preparation of questions and answers.

Article 12-7 (Suspension of examination, etc.) 　In conducting the examination procedures, the authorized agency for examination may suspend from the examination a person connected with any wrongful act concerning the examination.

2.Except for those provided in the preceding paragraph, in applying the prescriptions of Article 12-2 and Article 12-3 paragraph 1 when the authorized agency conducts examination procedures," suspend a person from the examination and invalidate the examination" in Article 12-2 paragraph 1 shall be replaced by "invalidate the examination", "the preceding paragraph" in the said Article paragraph 2 by "the preceding paragraph or Article 12-7 paragraph 1", and "to the state" in Article 12-3 paragraph 1 by "to the authorized agency for examination".

3.The examination fee which is to be received by the authorized agency for examination instead of the state according to the preceding paragraph concerning the provision of Article 12-3 paragraph 1, shall be regarded as an income of the authorized agency.

Article 12-8 (Mutatis mutandis)

　The provisions of Article 8-2 paragraph 3 and 4, Article 8-3 to 8-5, and Article 8-7 to 8-14 and from Article 8-16 to 8-18 shall be replaced by the matters concerning authorized agency for examination. In this case, such prescriptions as "registration procedures" shall be replaced by "examination procedures", "prescriptions of registration procedures" by "prescriptions of examination procedures", "preceding paragraph" in Article 8-2 paragraph 3 and "paragraph 2" in each item of the said Article 8-2 paragraph 4 (b) by "Article 12-4 paragraph 2", "any director" in Article 8-3 and Article 8-7 by "any director (including Examination Council)", or the preceding Article in Article 8-13 paragraph 2 item 3 by "the preceding Article or Article 12-5", "Article 8-2 paragraph 1" in Article 8-14 paragraph 1 and Article 8-18 item 1 by "Article 12-4 paragraph 1".

Article 12-9 (Delegation of power of decision by Ministerial Ordinance)

　Except for the provisions of this Law, necessary matters concerning examination, such as examination subjects, procedures of examination and the like, designation and cancellation of dental hygienist school or dental hygienist training institute, and taking over of the authorized agency for examination, and its examination procedures, shall be prescribed by Ministerial Ordinance.

Article 13 (Restriction in dental hygienists practise)

　Those who are not dental hygienist shall not practise what is stated under Article 2, paragraph 1. However, those who practise according to the provisions of the Dentist Law (Law No. 202 of 1948) shall be exempted from this provision.

Article 13-2 (Prohibition of medical act)

　A dental hygienist shall not perform any such job as use of dental apparatus, prescription or administration of drugs and other acts which are liable to cause hygienical harm unless done by a dentist, except under the guidance of the dentist in charge. However, this shall not apply to the first aid treatments.

Article 13-3 (Instruction of consultant dentist or medical doctor)

　When there is any consultation with a dentist or medical doctor and dental hygienist for giving guidance on dental health, she/he shall follow the instructions of the consultant.

Article 13-4

　When there is any instructions from the head of a public health centerto a dental hygienist within the jurisdiction of the work concerning guidance on dental health, she/he shall follow them, provided that the same does not apply to the preceding paragraph.

Article 13-5 (Duty of maintaining secrecy)

　A dental hygienist shall not reveal any secret, without good reason, of the person connected with her/his practise.The same shall apply even after her/his retirement the person from the profession of a dental hygienist.

Article 13-6 (Restriction in the use of the title)

　One shall not use the title of a dental hygienist or any name or title liable to be confused with it, unless she/he is a dental hygienist.

Article 14 (Penal Provisions)

　One who violates the provision of Article 8-7 paragraph 1 (including Article 12-8 mutatis mutandis) or Article 13, shall be sentenced to a penal servitude of not more than one year or a fine of not more than 300 thousand yen.

Article 15

　When any one belonging to the authorized agency for registration, or a director or staff of the authorized agency for examination violates the order of suspension under the provision of Article 8-13 paragraph 2 (including Article 12-8 mutatis mutandis), he shall be sentenced to a penal servitude of not more than one year or a fine of not more than 300 thousand yen.

Article 16

　One who comes under any one of the following items shall be sentenced to a fine of not more than 300 thousand yen:

(1)One who has violated the order of suspension under the provision of Article 8 paragraph 2;

(2)One who has violated the provision of Article 11-2 paragraph 2 or Article 12-6, and has given any unjust mark;

(3)One who has violated the provisions of Article 13-2 through Article 13-4;

(4)One who has violated the provision of Article 13-5;

(5)One who has obtained the license on the basis of falsification of facts or wrong information.

2.In case of the preceding Article item 4, an accusational charge shall be brought about for punishment.

Article 16-2

　One who has violated the provision of Article 13-6 shall be sentenced to a fine of not more than 200 thousand yen.

Article 16-3

　When anyone belonging to the authorized agency for registration or a director or staff of the authorized agency for examination comes under any one of the following items, he shall be sentenced to a fine of not more than 200 thousand yen:

(1)When he violates the provision of Article 8-8 (including the Article 12-8 mutatis mutandis), and does not provide a record, does not enter it, and makes false entry and does not keep it;

(2)When he does not make a report under the provision of Article 8-10 (including the Article 12-8) mutatis mutandis; and

(3)When he refuses entry or inspections, or obstructs and avoids them, or does not answer the question, or makes a false statement.

(4)When he abrogates the whole of registration procedures or examination procedures, without permission of Article 8-12 (including the mutatis mutandis of Article 12-8).

Article 17

One who has violated the provision of Article 7 paragraph 3 shall be sentenced to a fine of not more than 100 thousand yen.