Law Related to Mental Health andWelfare of the Person with Mental Disorder
Full Text as Amended(Law No. 94 Dated June 23,2006)

This tentative translation was prepared by Hiromi Shiraishi, and Sachiko Ohi (Legal &Technical Translations Co. Ltd.).
This translation is part of Comprehensive Research for Health Care and Welfare for
People with Disabilities (Chief: Prof emeritus Masahumi Nakane) financed by the Healt
h and Labor Science Research Grant (H21-Shogai-Ippan-010).
Correspondence: Hiromi Shiraishi M.D., Ph.D., Faculty of Life Design, Toyo University．
48-1 Oka, Asaka-City, Saitama Pref 351-8510, Japan.
Tel: +81-48-468-6658; Fax +81-48-468-6658;
e-mail: hshiraishi@toyonet.toyo.ac.jp-1-

(Translation)

Law Related to Mental Health andWelfare of the Person with Mental Disorder
Law Related to Mental Health andWelfare of the Person with Mental Disorder【Contents （Chapters)・（Articles））
Chapter 1: General Provisions(Articles 1 to 5)

Chapter 2: Mental Health and Welfare Center(Articles 6 to 8)

Chapter 3: Local Council for Mental Health and Welfare and Psychiatric Review
Board(Articles 9 to 17)

Chapter 4: Designated Physician of Mental Health, Registered Training Institution,
And Mental Hospital(Articles 18 to 19-10)

Chapter 5: Medical Care and Protection(Articles 20 to 44)

Chapter 6: Health and Welfare(Articles 45 to 51)

Chapter 7: Social Rehabilitation Center for People with Mental Disorder(Articles 51-2 to 51-11)
Chapter 8: Miscellaneous(Articles 51-11-2 to 51-15)

Chapter 9: Penal Provisions(Articles 52-57)

Supplementary Provisions
Attachment------------------------------------------------------------------------<<Change of the Title of the Law>> The Law 098 of 1987 / Formerly, Law Related to

Mental Hygiene<<Change of the Title of the Law>> The Law 094 of 1995 / Formerly, Law Related to
Mental Health-2-Chapter 1. General Provisions(Purpose of the Law)
Article1. The purpose of this Law is to provide person(s) with mental disorder withmedical care and protection, and in combination with the Law to Support Independence ofDisabled Persons（Law No. 123 of 2005）to offer necessary assistance for promoting theirsocial rehabilitation, self-support and participation in socio-economic activities, and to
endeavor to prevent onset thereof, maintain and promote mental health of the people ingeneral, to thereby advance general well-being of the person(s) with mental disorder and toenhance mental health of the people in general.

(Obligations of the National Government and Local Public Entities)
Article2. The national government and the local public entities shall endeavor to enable

the person(s) with mental disorder to socially rehabilitate themselves, to support themselves,
and to participate in socio-economic activities by comprehensively implementing themeasures related to medical care, protection, health and welfare of person(s) with mental
disorder by expanding and improving the facilities for medical care and the facilities foreducation along with benefit to assist self-support and service to support community life inaccordance with the provisions of the Law to Support Independence of Disabled Persons, andshall take measures for improving mental health of people by promoting researches andstudies related to mental health and attempting to diffuse knowledge.
(Obligations of the People)
Article3. The people shall endeavor to maintain and improve mental health, to deepen

understanding of persons with mental disorder and to assist these persons in their effort toovercome their disorder, socially rehabilitate the self, achieve self-support and participate insocio-economic activities.
(Consideration for Social Rehabilitation, Self-support and Participation in Social Activities of
Person(s) with Mental Disorder)
Article4. The party founding a facility for medical care or the party conducting businessfor training in social adaptation shall, in management of said facility or service, endeavor tocontrive and device measures suited to the community and to win understanding andcooperation of the community people, etc. in order to promote social rehabilitation,
self-support and participation in socio-economic activities of person(s) with mental disorder.
2.

The national government, the local public entities, the founders of medical carefacilities, and those conducting business for training in social adaptation of person(s) with-3-

mental disorder shall cooperate with each other to promote their social rehabilitation,
self-support and participation in socio-economic activities.
(Definition)
Article5. The term "Person with Mental Disorder" as used in this Law refers to a person

or persons suffering from schizophrenia, acute poisoning of or dependence on psychotropic
substance(s), mental retardation, psychopathy or other mental illnesses.

Chapter 2. Mental Health and Welfare Center(Mental Health and Welfare Center)
Article6. Prefectural government shall establish a facility for enhancing mental healthand improving welfare of the Person with Mental Disorder (hereinafter referred to as “theMental Health and Welfare Center”).
2.

The Mental Health and Welfare Center shall perform the following businesses.

I:

Disseminate knowledge of and conduct investigations and researches related tomental health and welfare of the Person with Mental Disorder.

II:

Offer complex or difficult counseling and guidance services that are related to mental
health and welfare of the Person with Mental Disorder.

III:

Conduct businesses of the Psychiatric Review BoardIV:

Conduct businesses that require expertise knowledge and skill among the businesses
related to decision(s) regarding application(s) under Art. 45-1 and approval(s) of grantas provided in Art. 52-1 (limited to those related to the Person with Mental
Disorder”).

V:

State opinion(s) regarding the decision by the municipalities to allow or not to allow
the grant as provided in Art. 22-1of the Law to Support Independence of Disabled
Persons in accordance with the provisions of Art. 22-2 of said Law.

VI:

Offer cooperation regarding the technical matters and other necessary assistance tothe municipalities in accordance with the provisions of Art. 26-1 of the Law to
Support Independence of Disabled Persons.

(Subsidy of the National Government)
Article7. The national government shall subsidize, as prescribed by the cabinet order,

one half of the expenses needed by the prefectural government to establish the facility under
the preceding Article and one third of the expenses necessary for operating such facility.

-4-

(Delegation to Cabinet Order)
Article8. In addition to those provided by this Law, the matters related to the Mental

Health and Welfare Center shall be determined by ordinance(s).

Chapter 3. Local Council on Mental Health and Welfare andPsychiatric Review Board(Local Council on Mental Health and Welfare)
Article9. Prefectural government may establish a council and other panels on mental

health and welfare to investigate and deliberate the matters related to mental health andwelfare of the Person with Mental Disorder (hereinafter referred to as "the Local Council on
Mental Health and Welfare").
2.

The Local Council on Mental Health and Welfare may respond to question(s)regarding the matters consulted by the prefectural governor and submit opinions related tomental health and welfare of the Person with Mental Disorder.
3.

In addition to those prescribed in the preceding two Paragraphs, the mattersnecessary for organization and management of the Local Council on Mental Health andWelfare shall be provided by the prefectural ordinance.
Articles 10 and 11: Deleted.
(Psychiatric Review Board)
Article12. The Psychiatric Review Board shall be established in prefecture(s) to conduct

reviews under Para. 2 of Art. 38-3 (including cases to which the same is applied mutatis
mutandis under Para. 6 of said Article) and Para. 2 of Art. 38-5.
(Board Members)
Article13. Members of the Psychiatric Review Board shall be selected for appointment by

the prefectural governor from among those having expertise in medical care of the Personwith Mental Disorder (limited to the designated physician(s) of mental health as provided inPara. 1 of Art. 18), those having expertise in jurisprudence, and those having expertise inother disciplines.
(Handling of Cases Under Review)-5-Article

14. The Psychiatric Review Board shall be a panel consisting of five (5) members

designated thereby and shall handle the case(s) under review.
2.

The members of the panel shall be those mentioned in the following Items, and thequorum shall be at least that provided in said Items.
1.

Those having expertise in medical care of the Person with Mental DisorderTwo (2)2.

Those having expertise in jurisprudence

One (1)

3.

Those having expertise in other discipline

One (1)(Delegation to Cabinet Orders)
Article15. In addition to those provided in this Law, the matters related to thePsychiatric Review Board shall be determined by cabinet orders.
Articles

16 and 17. Deleted

Chapter 4. Designated Physician of Mental Health, Registered Training Institution and
Mental Hospital
Section1: Designated Physician of Mental Health (Art. 18 to Art. 19-6)

Section

2: Registered Training Institution (Art. 19-6-2 to Art. 19-6-17)

Section

3: Mental Hospital (Art. 19-7 to Art. 19-10)
Section 1: (Designated Physician of Mental Health)(Designated Physician of Mental Health)
Article18. The Minister of Health, Labour and Welfare shall designate, upon application, thosephysicians falling subject to the following and recognized as having knowledge and skills necessary for
conducting duties provided in Art. 19-4 as the designated physician(s) of mental health (hereinafter referred toas "the Designated Physician"):I:

A person having experience of being engaged for five (5) years or more in medical diagnosis ortreatment;II:

A person having experience of being engaged for three (3) years or more in diagnosis or treatmentof mental disorder(s);III:

A person having experience of being engaged in diagnosis or treatment of the degree prescribed by
the Minister of Health, Labour and Welfare of mental disorders prescribed by the Minister of
Health, Labour and Welfare;

-6-

IV:

A person who has completed the training (limited to that conducted within a year prior toapplication) as provided by the Health, Labour and Welfare Ministerial Ordinance.

2.

Not withstanding the preceding Paragraph, the Minister of Health, Labour and Welfare may notdesignate a person under the preceding Paragraph whose designation as the Designated Physician wascancelled within five (5) years previously under Para. 1 or 2 of Art. 19-2 or a physician who is deemed
exceedingly unsuitable as the Designated Physician.
3.

When determining the degree of experience of engagement in diagnosis or treatment of mental

disorder under Item 3 of Para. 1, when appointing a physician as the Designated Physician under saidParagraph, or when not appointing a physician as the Designated Physician under the preceding Paragraph,
the Minister of Health, Labour and Welfare shall ask the opinion of the Council on Public Health in advance.

(Training After Designation)
Article19: The Designated Physician shall undergo training given by the party registered with the

Minister of Health, Labour and Welfare under the Health and Welfare Ministerial Ordinance in the year
designated by the Minister of Health, Labour and Welfare once every five (5) years (the year starting on April
1 and ending on March 31 of the following year; the same shall apply in this Article).
2.

Designation under Para. 1 of the preceding Article shall become void on the last day of the year

when said training was to have been received if a physician thus designated failed to undergo the training
under the preceding Paragraph. Provided, however, this provision shall not apply to the case where the
Minister of Health, Labour and Welfare recognizes that there was an unavoidable reason as provided by the
Health, Labour and Welfare Ministerial Ordinance for failure to undergo said training.

(Cancellation, etc. of Designation)
Article19-2: If a Designated Physician is cancelled of his/her physician's license or is orderedsuspension of medical practice for a predetermined term, the Minister of Health, Labour and Welfare shallcancel his/her designation.
2.

If a Designated Physician violates this Law or an order under this Law, commits an exceedingly

improper act regarding his/her duties, or is deemed exceedingly unsuitable as a Designated Physician, theMinister of Health, Labour and Welfare may cancel his/her designation or order suspension of his/her duties
by predetermining a term.
3.

When taking the measure under the preceding Paragraph, the Minister of Health, Labour andWelfare shall ask the opinion of the Council on Public Health in advance.
4.

Prefectural governor may notify the Minister of Health, Labour and Welfare if he/she considers thata Designated Physician falls subject to Para. 2 above.

Article19-3: Deleted-7-

(Duties)
Article19-4: The Designated Physician shall judge whether or not continued hospitalization under Para.

3 of Art. 22-4 and Art. 29-5 is necessary; whether or not hospitalization under Para. 1 of Art. 33 and Para. 1 ofArt. 33-4 is necessary, and whether or not hospitalization under Art. 22-3 is possible; whether or not restraintof movement prescribed in Para. 3 of Art. 36 is necessary; and whether or not examination is appropriate of
the person hospitalized because of the reported matter under Para. 1 of Art. 38-2 (including the case where theprovision is applied mutatis mutandis under Para. 2 of said Article), and whether or not it is appropriate totemporarily discharge the person from the hospital for observation under Art. 40.
2.

In addition to the duties prescribed in the preceding Paragraph, the Designated Physician shallperform the following duties as a public official:
I:

Judging whether or not hospitalization under Para. 1 of Art. 29 and Para. 1 of Art. 29-2 is necessary;II:

Judging whether or not restraint of movement under Para. 3 of Art. 29-2-2 is necessary (including
the case where the provision is applied mutatis mutandis under Para. 4 of Art. 34);

III:

Judging whether or not continued hospitalization under Para. 2 of Art. 29-4 is necessary;IV:

Judging whether or not transfer under Para. 1 and 3 of Art. 34 is necessary;

V:

Medical examination under Para. 3 of Art. 38-3 (including the case where the provision is appliedmutatis mutandis under Para.6 of said Article) and Para. 4 of Art. 38-5;

VI:

Inspection by entry, questioning and medical examination under Para. 1 of Art. 38-6;

VII:

Judging whether or not continued hospitalization is necessary under Para. 2 of Art. 38-7;

VIII:

Medical examination under Para. 4 of Art. 45-2.

(Obligation to Keep Medical Record)
Article19-4-2: The Designated Physician shall promptly describe his/her name and other mattersprescribed by the Health, Labour and Welfare Ministerial Ordinance in the medical record when he/she has
performed the duties under Para. 1 of the preceding Article.

(Obligation to Retain Designated Physician)
Article19-5: The administrator of the Mental Hospital where the Person with Mental Disorder is

hospitalized under Para. 1 of Art. 29, Para. 1 of Art. 29-2, Para. 1, 2, or 4 of Art. 33, Para. 1 or 2 of Art. 33-4
(including hospital(s) which is not a Mental Hospital but has psychiatric ward(s). The same applies
hereinafter except in Art. 19-10) shall retain full-time Designated Physician at said Mental Hospital under the
Health, Labour and Welfare Ministerial Ordinance (except those whose duties are suspended under Para. 2 ofArt. 19-2; the same applies hereinafter except under Para. 1 of Art. 53).

(Delegation to Cabinet Orders and Ministerial Ordinances)-8-Article

19-6: In addition to those provided in this Law, the matters necessary for designation of the

Designated Physician are provided by the cabinet order, and the matters related to training under Item 4, Para.
1 of Art. 18 and Para. 1 of Art. 19 are provided by the Health, Labour and Welfare Ministerial Ordinance.

Section 2: Registered Training Institution(Registration)
Article19-6-2: Registration under Item 4, Para. 1 of Art. 18 or Para. 1 of Art. 19 (hereinafter referred toas “Registration” in this section) shall be effected by the application of a party conducting the training under
Item 4, Para. 1 of Art. 18 or Item 1 of Art. 19 (hereinafter referred to as “Training” in this Section) as provided
in the Health, Labour and Welfare Ministerial Ordinance.

(Disqualification)
Article19-6-3: A person falling under any of the following Items may not be registered.

I:

A person who has been punished with a fine or greater punishment because of violation of this Law,an order under this Law or an order under the Law to Support Independence of Disabled Persons or
an order under said Law, and for whom the period of two (2) years has not elapsed since the day
when execution of punishment was completed or since the day when execution was no longer
imposed;II:

A person whose registration has been cancelled under Art. 19-6-13, and for whom the period of two(2) years has not elapsed;III:

A corporation of which officers include a person falling subject to either of the preceding Items.

(Standards for Registration)
Article19-6-4: The Minister of Health, Labour and Welfare shall effect the registration of a person who

has filed an application for registration under Art. 19-6-2 if said person meets all the requirements mentioned
below.
I:

A person who has taught the subject(s) described in the Column 1 of the Attached Table and thenumber of hours taught exceeds the hours described in the Column 3 or 4 of said Table;II:

A person with expertise who meets the conditions prescribed in the Column 2 of the Attached Table
is to teach the subject(s) prescribed in the preceding Item.

III:

The registration is effected by describing the name or title, address, the date and number ofregistration in the register of the Training Institutions.

(Renewal of Registration)
Article19-6-5: Registration shall become null and void unless renewed once every five (5) years.

-9-

２．

The provision of the preceding three Articles shall be applied mutatis mutandis to the renewal ofregistration under the preceding Paragraph.

(Obligation to Execute Training)
Article19-6-6: A party who has been registered (hereinafter referred to as “Registered Training

Institution”) shall prepare the plan for execution of training for every business year (hereinafter referred to as“Training Plan”) and execute the training according to the Training Plan unless there is a valid reason not to.
2.

The Registered Training Institution shall execute the training in a fair manner as provided under

Item 4, Para. 1 of Art. 18 or Item 1 of Art. 19 in accordance with the Health, Labour and Welfare Ministerial
Ordinance.
3.

The Registered Training Institution shall submit to the Minister of Health, Labour and Welfare theTraining Plan prepared under Para. 1 prior to the start of each business year. The same applies to any change
to be made to the Plan.

(Report of Change)Art.

19-6-7: The Registered Training Institution shall report to the Minister of Health, Labour andWelfare any proposed change to its name, title or address at least two weeks prior to the date of proposedchange.

(Rules of Business)Art.

19-6-8: The Registered Training Institution shall establish the rules concerning the training(hereinafter referred to as “ Rules of Business), and report the same to the Minister of Health, Labour andWelfare prior to the start of training. The same applies to any change(s) to be made to the Rules.
2.

The Rules of Business shall prescribe the method of execution, the fees, and other matters related tothe training as prescribed by the Health, Labour and Welfare Ministerial Ordinance.

(Suspension or Discontinuation of Business)Art.

19-6-9: The Registered Training Institution shall report to the Minister of Health, Labour andWelfare in advance of its intension to suspend or discontinue all or part of the training business as provided by
the Health, Labour and Welfare Ministerial Ordinance.

(Keeping and Inspection, etc. of Financial Statements, etc.)Art.

19-6-10: The Registered Training Institution shall prepare the general inventory, the statement ofassets and liabilities, and the statement of profits and losses, or the statement of income and expenditure andthe account of business (where the electromagnetic record is prepared (the record created by the electronic or
magnetic means or other means that cannot be recognized by human perception, and offered for use for- 10 -

information processing by computer. The same applies hereunder.) is prepared, said electromagnetic record isincluded. Referred to as “Financial Statements, etc.” in the following Paragraph and Article 57), and shallkeep the same at its office for five (5) years.
2.

The person wishing to undergo the Training and other interested parties may demand the following

at any time during the business hours of the Registered Training Institution. Provided, however, when
making a demand under Item 2 or 4, the fee stipulated by the Registered Training Institution must be paid.
I:

Demand for inspection or copying of the Financial Statements, etc. when the same have been
prepared in writing

II:

Demand for the true copy or extract copy of the documents mentioned in the preceding Item.

III:

If the Financial Statements, etc. are prepared electromagnetically, the demand for inspection or
copying of the matters recorded in said electromagnetic record displayed by the method prescribedby the Health, Labour and Welfare Ministerial Ordinance.

IV:

The demand for providing the matter recorded electromagnetically under the preceding Item by theelectromagnetic method provided by the Health, Labour and Welfare Ministerial Ordinance, or thedemand for delivery of the document describing said matter.

(Order for Meeting Requirements)
Art.

19-6-11.

If the Minister of Health, Labour and Welfare finds that a Registered Training

Institution no longer meets the provision of any of the Items of Para. 1 of Art. 19-6-4, he/she may order said
Registered Training Institution to take necessary measures to cause the Institution to meet these provisions.

(Order for Improvement)Art.

19-6-12:

If the Minister of Health, Labour and Welfare recognizes that a Registered Training

Institution is in violation of the provision of Item 1 or 2 of Art. 19-6-6, he/she may order said Registered
Training Institution to take necessary measures regarding execution of the training, or improvement of themethod for execution of the training and other businesses.

(Cancellation, etc. of Registration)Art.

19-6-13:

If a Registered Training Institution falls subject to any of the following Items, theMinister of Health, Labour and Welfare may order cancellation of its registration or suspension of all or partof the training business by prescribing the term therefor.
I:

The Institution comes to fall subject to Item 1 or 3 of Art. 19-6-3;

II:

The Institution contravenes the provisions of Item 3 of Art. 19-6-6, Art. 19-6-7, Art. 19-6-8, Art.
19-6-9, Item 1 of Art. 19-6-10, or the following Article;

III:

The Institution refuses the demand made under the provisions of Items, Para. 2 of Art. 19-6-10
without a valid reason;- 11 -IV:

The Institution contravenes an order under the provisions of Art. 19-6-11 or the preceding Article.

V:

The Institution has been registered by improper means.

(Provision of Account Books)
Art.

19-6-14:The Registered Training Institution shall keep account books as provided by the Health,Labour and Welfare Ministerial Ordinance, record the matters regarding training as provided by the Health,Labour and Welfare Ministerial Ordinance, and maintain the same.

(Execution of Training by the Minister of Health, Labour and Welfare)Art.

19-6-15:The Minister of Health, Labour and Welfare may execute all or part of the business of

training if there is no party to be registered, if a report is made of suspension or discontinuation of all or part of
the training business under the provision of Art.19-6-9, if an order is issued to cancel registration, or a
Registered Training Institution is ordered to suspend all or part of training business under the provision of
Art.19-6-13, or a Registered Training Institution is recognized to have difficulty in executing all or part of the
training business due to natural disaster, etc., or if there is recognized a need to do so.
2.

A person intending to undergo the training given by the Minister of Health, Labour and Welfare

under the provisions of the preceding Paragraph shall pay the fee, the amount of which is determined by acabinet order by considering the actual expense.
3.

In case the Minister of Health, Labour and Welfare conducts all or part of the training business under

the provision of Para. 1, the transfer of training business and other necessary matters shall be prescribed by the
Health, Labour and Welfare Ministerial Ordinance.

(Collection of Report and Inspection by Entry)Art.

19-6-16: The Minister of Health, Labour and Welfare may require the Registered Training

Institution to report the matters deemed necessary within the limit required to secure optimum management of
the training business, or to have its official enter the office thereof and inspect the business status or
accounting books, etc.
2.

The official conducting the inspection by entry under the provision of the preceding Paragraph shallcarry identification card showing their official status and present the same when asked to do so by the parties
concerned.
3.

The authority under the provision of Para. 1 shall not be construed as having been recognized for

criminal investigation.

(Public Notice)Art.

19-6-17: The Minister of Health, Labour and Welfare shall publish the facts mentioned in thefollowing instances.

- 12 -

1.

When registration is made;2.

When a report is made under the provision of Art.19-6-7;

3.

When a report is made under the provision of Art. 19-6-9;

4.

When an order is issued to cancel the registration or suspend the business of training under theprovision of Art.19-6-13;

5.

When the Minister of Health, Labour and Welfare decides to perform all or part of the business of
training, or not to perform all or part of the business of training so far performed thereby under theprovision of Art. 19-6-15.

Section 3: Mental Hospital(Prefectural Mental Hospital)
Article19-7: The prefectural government shall establish the Mental Hospital. Provided, however,such establishment may be postponed if there is a designated hospital under the following Article.
2.

If the Mental Hospital is established by the prefectural government, by a local independentadministrative corporation established by a local government or by a local public corporation other then thelocal government (meaning Local Independent Administrative Corporation as provided in Art. 2-1 of the Law
Concerning Local Independent Administrative Corporation (Law No. 118 of 2003). The same applies in thefollowing Article), the provision of the preceding Paragraph shall not apply to said prefectural government.

(Designated Hospital)
Article19-8: The prefectural governor may designate all or part of the Mental Hospital established by aparty other than the national government, the prefectural government or Local Independent Administrative
Corporation other than the prefecture (hereinafter referred to as the National Government, etc.) which meetthe standards prescribed by the Minister of Health, Labour and Welfare as the facility in place of the Mental
Hospital established by the prefectural government (hereinafter referred to as the Designated Hospital) withthe consent of the founder.

(Cancellation of Designation)
Article19-9: The prefectural governor may cancel designation of the Designated Hospital if said

hospital ceases to meet the standards under the preceding Article or its way of management is recognized
inadequate for achieving the purpose thereof.
2.

The prefectural governor shall ask the opinion of the Local Council on Mental Health and Welfare(in the prefecture with no Local Council on Mental Health and Welfare, the Prefectural Council on Medical
Care as provided under Para. 1 of Art. 71-2 or the Medical Care Law (Law No. 205 of 1948)) in advance if- 13 -

he/she intends to cancel the designation under the preceding Paragraph.
3.

The Minister of Health, Labour and Welfare may instruct the prefectural governor to conduct his/herwork falling under the jurisdiction of the prefectural governor as prescribed in Para. 1, if there is recognized
an urgent need to secure treatment of a person being hospitalized in the Designated Hospital.

(Subsidy of the National Government)
Article19-10. The national government shall subsidize under a cabinet order one half of the expense

required for establishing and managing the Mental Hospital established by the prefecture or the psychiatricward created in a hospital other than the Mental Hospital (excluding the expense to be borne by theprefectural government under Para. 1 of Art. 30; the same applies to the following Paragraph).
2.

The national government may subsidize under a cabinet order not more than one half of theexpense necessary for establishing and managing the Mental Hospital and the psychiatric ward in a hospitalother than the Mental Hospital established by a non-profit entity (entities).

Chapter 5. Medical Care and Protection

Section 1: Person Responsible for Protection (Art.20 to Art. 22-2)
Section 2: Voluntary Hospitalization (Art. 22-3 to Art. 22-4)
Section 3: Examination by Designated Physician and Involuntary Hospitalization (Art. 23 to Art.
32)
Section 4: Hospitalization, etc. by Medical Care and Protection Measures (Art. 33 to Art. 35)
Section 5: Treatment, etc. in Mental Hospital (Art. 36 to Art. 40)
Section 6: Miscellaneous Rules (Art. 41 to Art. 44)

Section 1: Person Responsible for Protection(Person Responsible for Protection)
Article20:

The guardian, the curator, the spouse, the person exercising parental power or the person

responsible for support shall become the person responsible for protection of the Person with Mental Disorder.
Provided, however, anyone falling under any of the following items shall not be appointed as a person
responsible for protection of the Person with Mental Disorder:
I:

A person whose whereabouts is not known;II:

A person who has brought or ever brought litigation against said Person with Mental Disorder,
his/her spouse and lineal relative(s);III:

The legal representative, the curator or the assistant who has been dismissed by the Family Court;- 14 -IV:

A person who has been declared bankrupt;

V:

A person who is of legal age but for whom a custodian or a curator is appointed;

VI:

A person who is a minor.

2.

When there are more than one person responsible for protection, their order of assuming

responsibility shall be as follows. Provided, however, if there is recognized a special need for protection of
the person in question, the Family Court may change the order upon application by an interested party inrespect of a person other than the guardian or curator:
I:

The guardian or the curator;

II:

The spouse;

III:

The person exercising the parental power;IV:

The person appointed by the Family Court from among those responsible for support except thosedescribed in the preceding two items.

3.

Change of the order under the proviso of the preceding Paragraph and appointment under Item 4 ofsaid Paragraph shall be deemed as the matters described in Class A, Para. 1 of Art. 9 of the Law for
Adjustment of Domestic Relations (the Law No. 152 of 1947) as far as application of said Law is concerned.

Article21: If there is no person responsible for protection under the items of Para. 2 of the preceding

Article or such person is unable to perform his/her duties, the mayor of municipality (including the head of
special ward; the same applies hereinafter) having jurisdiction over the place of residence of the Person with
Mental Disorder concerned, or when he/she has no place of residence or his/her place of residence is notknown, the mayor of a municipality having jurisdiction over the place where the Person with Mental Disorderis currently in shall be responsible for protection.

Article22: The person responsible for protection shall cause the Person with Mental Disorder(excluding those being voluntarily hospitalized under Para. 2 of Art. 22-4 or those receiving continuous
medical care for mental disorder at a hospital or clinic without hospitalization; the same applies to thisParagraph and Para. 3) to receive treatment and shall protect his/her proprietary interests.
2.

The person responsible for protection shall cooperate with the physician in order to cause the Personwith Mental Disorder to be correctly diagnosed.
3.

The person responsible for protection shall comply with the physician's instructions when causing

the Person with Mental Disorder to receive medical care.

Article22-2: In performing obligations under Art. 41 (limited to those related to taking over the person

being released from the hospital under Art. 29-3 or Para. 1 of Art. 29-4), the person responsible for protection
may consult with and seek necessary assistance for promotion of social rehabilitation of said Person with
Mental Disorder from the administrator of said Mental Hospital or Designated Hospital or the person- 15 -

performing service related to disorder and welfare as provided in Para. 1 of Art. 5 of the Law to Support
Independence of Disabled Person associated with the Mental Hospital or Designated Hospital (hereinafterreferred to as “Welfare Service for Disabled Persons”).

Section 2: Voluntary Hospitalization(Voluntary Hospitalization)
Article22-3: The administrator of the Mental Hospital shall endeavor to hospitalize a Person with

Mental Disorder based on his/her consent, when causing hospitalization of said Person with Mental Disorder.

Article22-4: When a Person with Mental Disorder voluntarily hospitalizes himself/herself, theadministrator of the Mental Hospital shall inform in writing to said Person with Mental Disorder at the time of
his/her admission the matters related to the request for release, etc. under Art. 38-4 and other mattersprescribed by the Health, Labour and Welfare Ministerial Ordinance, and shall receive a document statingthat he/she is entering the hospital voluntarily.
2.

The administrator of the Mental Hospital shall release the Person with Mental Disorder who has

voluntarily entered the hospital (hereinafter referred to as “Voluntary Patient”), if he/she so requests.
3.

In the event prescribed in the preceding Paragraph, the administrator of the Mental Hospital may

choose not to release said Voluntary Patient for seventy two (72) hours at maximum if the result of
examination by the Designated Physician reveals the need to continue hospitalization for medical care andprotection of said Voluntary Patient irrespective of the provisions of said Paragraph.
4.

When taking the measure under the preceding Paragraph, the administrator of the Mental Hospital(limited to those recognized to meet the standards provided in the Health, Labour and Welfare Ministerial
Ordinance) may cause a physician (limited to those registered by the provision of Para. 1 of Art. 16-4 of theMedical Practitioners Law (the Law No. 201 of 1948) and meeting the standards provided by the Health,Labour and Welfare Ministerial Ordinance. Hereinafter referred to as “Specific Physician”) other than the
Designated Physician instead of the Designated Physician perform medical examination of the Voluntary
Patient. In this case, if it is deemed that continuation of hospitalization is necessary for medical care andprotection of said Voluntary Patient, said Voluntary Patient may not be released from the hospital for 12hours maximum irrespective of the provisions of the preceding Article.
5.

The provisions of Art. 19-4-2 shall be applied mutatis mutandis to the medical examination under

the provision of the preceding Paragraph. In this case, “the Designated Physician, … … under Para. 1 ofthe preceding Article” shall read as “the Specific Physician as provided in Para. 4 of Art. 22-4 … …undersaid Paragraph”, and “said Designated Physician” shall read as “said Specific Physician”.
6.

In taking a measure under the provision of the latter portion of Para. 4, the administrator of the- 16 -

Mental Hospital shall promptly prepare and keep the record concerning said measure in accordance with the
Health, Labour and Welfare Ministerial Ordinance.
7.

In taking the measure under the provision of Para. 3 or the latter portion of Para. 4, theadministrator of the Mental Hospital shall notify in writing to said Voluntary Patient that said measure is
being taken, the matters concerning the release, etc. from the Hospital under Art. 38-4, and other mattersprescribed by the Health, Labour and Welfare Ministerial Ordinance.

Section 3: Examination by Designated Physician and Involuntary Hospitalization(Application for Examination and Protection)
Article23: Any party who learns of a Person with Mental Disorder or a person suspected ofmental disorder may apply to the prefectural governor for medical examination by the Designated Physician
and necessary protection for such a person.
2.

For filing an application under the preceding Paragraph, a written application describing thefollowing matters should be filed with the prefectural governor via the director of nearby Health Center:
I:

The address, name and birth date of the applicant;II:

The current whereabouts, place of residence, name, gender and birth date of the person in question;

III:

Outline of conditions of the person in question;IV:

The address and name of a person who is actually protecting him/her, if any.

(Notification by Police)
Article24: When the police, in executing their duties, finds a person who is deemed likely to hurt

himself/herself or others because of mental disorder judging from abnormal behavior and other circumstances,the police shall immediately notify the same to the prefectural governor via the director of nearby HealthCenter.

(Notification by Public Prosecutor)
Article25: When a public prosecutor decides not to prosecute a suspect or a defendant who is mentallydisordered or is suspected of mental disorder, or if the judgment of a court is irrevocably established(excluding those of imprisonment with or without forced labor, or penal detention, without suspension of
execution of the sentence), he/she shall promptly notify the same to the prefectural governor. Provided,
however, if an application is filed under Para. 1 of Art. 33 of the Law Related to Medical Care andObservation, etc. of Person Who Committed Grave Act of Hurting Other(s) While in a State of Mental
Unsoundness, etc. (Law No. 110 of 2003) for said person who has been judged not to be prosecuted or who
has been tried in court, this provision shall not apply.

- 17 -

2.

In addition to the cases provided in the text of the preceding Paragraph, the public prosecutor shallpromptly inform the prefectural governor if he/she recognizes it particularly necessary about a suspect or adefendant or a person who has inflicted grave injury to others while in a state of mental unsoundness and who
is an object of the Law Related to Medical Care, Observation, etc (the object as provided in Para. 3 of Art. 2of said law. The same applies to Art. 26-3 and Para. 1 of Art. 44)(Report by Head of Probation Office)
Article25-2: When the head of a probation office learns that the person under probationary supervision

is mentally disordered or is suspected of mental disorder, he/she shall promptly notify the same to theprefectural governor.

(Notification by Head of Correctional Institution)
Article26: When the head of a correctional institution (which means a detention house, a prison, ajuvenile prison, a reformatory, a juvenile classification office and a women's guidance home. The same
applies hereinafter.) intends to free, release, or discharge an institutionalized person who is mentallydisordered or is suspected of mental disorder, he/she shall report in advance the following matters to theprefectural governor having jurisdiction over the place to which the person in question returns (or the place
where said correctional institution is located if he/she has no place to return):
I:

The place to which he/she returns, his/her name, gender and birth date;II:

Outline of his/her conditions;III:

The date of freeing, release or discharge;

IV:

The address and name of a person who takes over the person in question.

(Report by Administrator of Mental Hospital)
Article26-2: When the administrator of the Mental Hospital receives an application from Person with

Mental Disorder hospitalized in his/her hospital who is recognized to meet the provisions of Para. 1 of Art. 29
for release from the hospital, he/she shall immediately report the same to the prefectural governor via thedirector of nearby Health Center.

(Report of Person Who Has Committed Grave Injury to Other Person While in State of Unsound
Mind, etc.)
Article26-3: The administrator of a designated medical institution as provided under Para. 6 of Art. 2of the Law Related to Medical Care and Observation, etc. of Person Who Has Committed Grave Injury to
Other(s) While in the State of Unsound Mind and the head of Probation Office shall immediately report tothe prefectural governor via the head of nearby Health Center of a person who is an object of said Law but
not hospitalized in the designated medical institution as provided in Para. 5 of said Article, if said person is- 18 -

recognized likely to injure self or others because of his/her mental disorder.

(Medical Examination, etc. by Designated Physician Based on Application, etc.)
Article27: The prefectural governor shall designate and cause the Designated Physician to examine theperson for whom an application, a notification or a report was made under Art. 23 through the preceding
Article and who is recognized as needing the examination upon investigation.
2.

The prefectural governor may designate and cause the Designated Physician to examine the person

who is evidently likely to hurt himself/herself or others because of mental disorder unless hospitalized, even if
no application, notification or report has been made under Art. 23 through the preceding Article.
3.

The prefectural governor shall cause its staff to be present at the time of medical examination under

the preceding two Paragraphs.
4.

The Designated Physician and said staff mentioned in the preceding Paragraph may enter the place

where the person in question resides within the limit necessary for carrying out their duties under thepreceding three Paragraphs.
5.

The provisions of Para. 2 and 3 of Art. 19-6-16 shall be applied mutatis mutandis to the entry under

the provision of the preceding Paragraph. In this case, "the preceding Paragraph” in Para. 2 of said Article
shall read as “Para. 4 of Art. 27” and “said staff ” shall read as “the Designated Physician and said staff”, and“Para. 1” in Para. 3 of said Article shall read as “Para. 4 of Art. 27”.

(Notice of Medical Examination)
Article28: In having the examination conducted under the provision of Para. 1 of the preceding Article,

the prefectural governor shall in advance notify a person, if any, who is actually exercising custody of theperson in question about the time and place of medical examination.
2.

The guardian, the curator, the person exercising the parental power, the spouse or the person who

is actually exercising the custody of the person in question may be present at the medical examination underPara. 1 of the preceding Article.

(Criteria for Judgment)
Article28-2: The Designated Physician conducting medical examination under Para. 1 or 2 of Art. 27

shall judge according to the criteria established by the Minister of Health, Labour and Welfare and determine
whether or not the person examined is mentally disordered and whether or not said person is likely to hurt
himself/herself or others because of mental disorder unless hospitalized for medical care and protection.

(Involuntary Hospitalization Ordered by Prefectural Governor)
Article29: If a prefectural governor recognizes that a person is mentally disordered and is likely to hurt

himself/herself or others because of mental disorder unless hospitalized for medical care and protection based- 19 -

on the result of examination under Art. 27, he/she may cause said person to enter the Mental Hospitalestablished by the national government , etc. or the Designated Hospital.
2.

The prefectural governor shall cause said person to enter the hospital under the preceding Paragraphonly when said person has been examined by at least two Designated Physicians designated by him/her andthe results of examination by each physician concur in that said person is mentally disordered and that he/she
is likely to hurt himself/herself or others because of mental disorder unless admitted to a hospital for medicalcare and protection.
3.

When taking the measure under Para. 1, the prefectural governor shall notify in writing to said

Person with Mental Disorder that said measure of hospitalization is being taken, the matters related to request
for release, etc. under Art. 38-4 and other matters prescribed by the Health and Welfare Ministerial
Ordinance.
4.

The administrator of the Mental Hospital established by the national government, etc. or of the

Designated Hospital shall admit the Person with Mental Disorder mentioned in Para. 1 unless no bed isavailable because there are already persons hospitalized under Para. 1 or Para. 1 of the following Article (bedsdesignated in the hospital where a ward is designated under Art. 19-8).

Article29-2: The prefectural governor may admit the Person with Mental Disorder or the person

suspected of mental disorder who is deemed to fall subject to the provision of Para. 1 of the preceding Article
to the Mental Hospital or the Designated Hospital provided in Para. 1 of the preceding Article in an urgent
case where it is not possible to take the measure under Art. 27 and 28 and the preceding Article, the person inquestion being recognized as excessively likely to hurt himself/herself or others because of his/her mental
disorder unless admitted to hospital immediately after causing the Designated Physician to examine said
person.
2.

When taking the measure under the preceding Paragraph, the prefectural governor shall decide

promptly whether the measure for hospitalization for said person shall be taken under Para. 1 of the preceding
Article.
3.

The term of hospitalization under Para. 1 shall not exceed seventy two (72) hours.

4.

The provisions of Para. 4 and 5 of Art. 27 and of Art. 28-2 shall be applied mutatis mutandis to the

medical examination under Para. 1, that of Para. 3 of the preceding Article to the measure under Para. 1, andthat of Para. 4 of said Article to hospitalization of the person being hospitalized under Para. 1.

Article29-2-2: The prefectural governor shall transfer the Person with Mental Disorder for whomhe/she is about to take the measure under Para. 1 of Art. 29 or Para. 1 of the preceding Article to a hospital for
said hospitalization measure.
2.

When the transfer under the preceding Paragraph is to be carried out, the prefectural governor shallnotify in writing about said transfer and other matters prescribed by the Health, Labour and Welfare- 20 -

Ministerial Ordinance to said Person with Mental Disorder.
3.

When the transfer under Para. 1 is to be carried out, the prefectural governor may impose restraint of

movement as provided by the Minister of Health, Labour and Welfare which has been determined after
hearing the opinion of the Council on Social Security if the Designated Physician who examined said Personwith Mental Disorder recognizes it necessary within the limit that is essential for medical care or protection ofsaid person.

Article29-3: The administrator of the Mental Hospital or the Designated Hospital as provided in Para. 1of Art. 29 shall immediately release the person hospitalized under Para. 1 of Art. 29-2 if a notice to the effectthat no hospitalization measure under Para. 1 of Art. 29 is to be taken is received from the prefectural
governor, or if a notice of hospitalization measure under Para. 1 of Art. 29 is not received within the term
provided in Para. 3 of Art. 29-2.

(Dissolution of Measure for Involuntary Hospitalization)
Article29-4: The prefectural governor shall immediately release the person hospitalized under Para. 1of Art. 29 (hereinafter referred to as "Involuntary Patient") when said person is recognized not likely to hurt
himself/herself or others because of his/her mental disorder even if hospitalization is discontinued. In thiscase, the prefectural governor shall ask in advance opinion of the administrator of the Mental Hospital or the
Designated Hospital where said person is being hospitalized.
2.

The prefectural governor releasing said person under the preceding Paragraph shall base his/her

judgment that said person is no longer likely to hurt himself/herself or others because of mental disorder even
if hospitalization is discontinued only on the result of examination by the Designated Physician appointed byhim/her or the result of medical examination under the following Article.

Article29-5. If an Involuntary Patient is recognized that he/she is no longer likely to hurt

himself/herself or others even if hospitalization is discontinued as a result of medical examination by the
Designated Physician, the administrator of the Mental Hospital or the Designated Hospital where theInvoluntary Patient is being hospitalized shall immediately report that fact, his/her conditions, and othermatters prescribed by the Health, Labour and Welfare Ministerial Ordinance to the prefectural governor via
the director of nearby Health Center.

(Treatment Policy and Amount of Medical Expenses for Involuntary Hospitalization)
Article29-6: The treatment policy of medical care performed by the Mental Hospital established by thenational government, etc. or the Designated Hospital of the person hospitalized under Para. 1 of Art. 29 andPara. 1 of Art. 29-2, and the method of calculation of medical expenses therefor shall be based on the methodof calculation of the Health Insurance System.

- 21 -

2.

If it is impossible or inappropriate to base the treatment policy and the calculation of expenses for

medical care on the exemplified method provided in the preceding Paragraph, the treatment policy and thecalculation of expenses for medical care shall be determined by the Minister of Health, Labour and Welfare.

(Consignment of Works to the Social Insurance Medical Fee Payment Fund)
Article29-7: The prefectural government may consign the work related to the review of whether or not

medical care given by the Mental Hospital established by the national government, etc. or the DesignatedHospital to the person hospitalized under Para. 1 of Art. 29 and Para. 1of Art. 29-2 meets the treatment policy
provided under the preceding Article and the work related to calculation of the payment of medical service
fees to the national government, etc. or the founder of the Designated Hospitals to the Social Insurance
Medical Fee Payment Fund.

(Bearing of Expenses)
Article30: The expense for hospitalization of the Person with Mental Disorder hospitalized by theprefectural governor under Para. 1 of Art. 29 and Para. 1 of Art. 29-2 shall be paid by the prefectural
government.
2.

The national government shall pay three fourths of the expense paid by the prefectural government

under the preceding Paragraph as provided by the cabinet order.

(Adjustment with Medical Care Benefits Under Other Laws)
Article30-2: When the Person with Mental Disorder for whom the expense is to be paid under Para. 1of the preceding Article is a person entitled to medical care benefits under the Health Insurance Law (Law No.
70 of 1922), the National Health Insurance Law (Law No. 192 of 1958), the Mariners' Insurance Law (Law
No. 73 of 1939), the Laborers' Accident Compensation Insurance Law (Law No. 50 of 1947), the National
Public Servants Mutual Aid Association Law (Law No. 128 of 1958; including cases under other laws towhich this Law is applied mutatis mutandis or where the law is cited as an example), the Local PublicServants Mutual Aid Association Law (Law No. 152 of 1962), the Law of Health & Medical Service for the
Aged (Law No. 80 of 1982) or the Law of Care Service Insurance (Law No. 123 of 1997), the prefectural
government is not required to pay the expense under said Paragraph within the limit specified.

(Levying of Expense)
Article31: The prefectural governor may levy all or part of the expenses incurred for the Person with

Mental Disorder hospitalized under Para. 1 of Art. 29 and Para. 1 of Art. 29-2 if said person or the person
responsible for his/her support is deemed to be in a position to pay such expenses.

Article32: Deleted- 22 -

Section ４: Hospitalization, etc. for Medical Care and Protection(Hospitalization for Medical Care and Protection)
Article33: The administrator of the Mental Hospital may cause the following person to be hospitalized

without his/her consent so long as the person responsible for his/her protection consents to suchhospitalization:I:

The person who is judged to be mentally disordered based on the examination by the DesignatedPhysician, who needs hospitalization for medical care and protection, and who is not in a state forhospitalization under Art. 22-3 for treatment of his/her mental disorder;II:

The person who has been transferred under Art. 34-1.

2.

In the case where the person responsible for protection of the person as prescribed in Item 1 of thepreceding Paragraph must be appointed by the Family Court under Item 4, Para. 2 of Art. 20 and suchappointment has not been made or said person is transferred under Para. 2 of Art. 34, the administrator of the
Mental Hospital may cause such person to be hospitalized for up to four (4)weeks without his/her consent if
the consent of a person responsible for support of the person defined in Item 1 of the preceding paragraph orsaid person being transferred under Para. 2 of said Art. 34 is obtained.
3.

During hospitalization under the preceding Paragraph, the person responsible for support who gave

the consent under said Paragraph is deemed to be any one of those listed in Item 4, Para. 2 of Art. 20, andshall be deemed as the person responsible for protection as provided in said Article except where theprovision of Para. 1 is applied.
4.

When the administrator of the Mental Hospital (limited to those recognized by the prefectural

governor as meeting the standards provided by the Health, Labour and Welfare Ministerial Ordinance) takes
the measure under Para. 1 or 2, he/she may cause the Specific Physician instead of the Designated Physician
to conduct medical examination in emergency or for other unavoidable reason. In this case, if it is judgedthat the person examined has mental disorder and requires hospitalization for medical care and protection,and he/she is not in a state for hospitalization under the provision of Art. 22-3 because of said mental
disorder, he/she may be hospitalized without his/her consent limited to 12 hours maximum irrespective of
the provisions of Para. 1 or 2.
5.

The provision of Art. 19-4-2 shall be applied mutatis mutandis to medical examination under theprovision of the preceding Paragraph. In this case “the Designated Physician, … … Para. 1 of thepreceding Article” shall read as “the Specific Physician as provided in Para. 4 of Art. 22-4, … … Para. 4 ofArt. 33” , and “said Designated Physician” shall read as “said Specific Physician”.
6.

The administrator of the Mental Hospital shall promptly prepare and keep the record of themeasure taken under the provision of the latter part of Para. 4 in accordance with the Health, Labour and- 23 -

Welfare Ministerial Ordinance.
7．

When the measure under Para. 1, Para. 2 or the latter part of Para. 4 was taken, the administrator of

the Mental Hospital shall submit a report describing the conditions of said person and other mattersprescribed by the Health, Labour and Welfare Ministerial Ordinance to the prefectural governor via the headof nearby Health Center within ten (10) days, attached with a letter of consent of the person who has agreed
to said hospitalization.

Article 33-2:

When the administrator of the Mental Hospital discharges the person hospitalized underPara. 1 of the preceding Article (hereinafter referred to as "Person Hospitalized for Medical Care andProtection"), he/she shall report the same and other matters provided by the Health and Welfare Ministerial
Order to the prefectural governor via the director of nearby Health Center within ten (10) days.

Article33-3: When taking the measure under the provision of Para. 1, Para. 2 or the latter part of Para. 4of Art. 33, the administrator of the Mental Hospital shall inform in writing to said Person with Mental
Disorder that said measure is being taken, the matters about the request for discharge, etc. under Article 38-4,
and other matters provided by the Health, Labour and Welfare Ministerial Ordinance. Provided, however,this provision may not be applied after four (4) weeks from the day when said hospitalization measure istaken, or until the time when medical care and protection of said Person with Mental Disorder is no longer
hampered in view of his/her conditions. In such instance, the administrator of the Mental Hospital shallpromptly describe the matters provided by the Health and Welfare Ministerial Order in the medical record.

(Emergency Hospitalization)
Article33-4: The administrator of the Mental Hospital designated by the prefectural governor as

meeting the standards established by the Minister of Health, Labour and Welfare shall cause a person, forwhom emergency medical care and protection was requested and the consent from the person responsible forhis/her protection (or the person responsible for his/her support in the case provided in Para. 2, Art. 33) is not
obtainable, to be hospitalized up to seventy-two (72) hours without the consent of the person in question if
he/she falls subject to any of the following:I:

A person who is judged mentally disordered, who is in a state that medical care and protection for
him/her is exceedingly hampered unless hospitalized immediately, and who is not in a state forhospitalization under Art. 22-3 because of said mental disorder based on the result of examinationby the Designated Physician;II:

A person who was transferred under Para. 3 of Art. 34.

2.

When taking the measure under the preceding Paragraph, the administrator of the Mental Hospitalprovided in the preceding Paragraph shall cause the Specific Physician instead of the Designated Physician
to examine the person for whom the request for medical care and protection under said Paragraph was made.

- 24 -

In this instance, if the result of medical examination determines that the person in question is mentallydisordered and unless hospitalized immediately, his/her medical care and protection will be exceedingly
hampered and said person is judged not in a state for hospitalization under the provision of Art. 22-3 becauseof said mental disorder, said person may be hospitalized without his/her consent limited to twelve (12) hours
irrespective of the provisions of said Paragraph.
3.

The provisions of Art. 19-4-2 is applied mutatis mutandis to the medical examination under thepreceding Paragraph. In this instance, “the Designated Physician, … … Para.1 of the preceding Article”
shall read as “the Specific Physician as provided in Para. 4 of Art. 22-4, Para. 2 of Art. 33-4”, and “saidDesignated Physician” shall read as “said Specific Physician”.
4.

The administrator of the Mental Hospital as defined in Paragraph 1 shall promptly prepare therecord regarding the measure taken under the provision of the latter part of Paragraph 2, and safekeep the
same.
5.

In case the measure under Para. 1 or the latter part of Para.2 is taken, the administrator of the

Mental Hospital as provided in Para. 1 shall immediately report the reason for taking said measure and othermatters provided by the Health, Labour and Welfare Ministerial Ordinance to the prefectural governor via
the head of nearby Health Center.
6.

The prefectural governor may cancel designation of the Mental Hospital designated under Para. 1 if

he/she deems that the hospital no longer meets the standards under said Paragraph.
7.

The Minister of Health, Labour and Welfare may order the prefectural governor to perform his/herwork falling under the jurisdiction of the prefectural governor as provided by the preceding Paragraph if it isdeemed urgently necessary to secure the treatment for the person being hospitalized in the DesignatedHospital under Para. 1.

Article33-5: The provision of Para. 2 of Art. 19-9 shall be applied mutatis mutandis to the case where

disposition under Para. 6 of the preceding Article is taken, and the provision of Para. 3 of Art. 29 shall beapplied mutatis mutandis when the administrator of the Mental Hospital takes the measure under Para. 1 or
the latter part of Para. 2 of the preceding Article.

(Transfer for Hospitalization for Medical Care and Protection, etc.)
Article34: If an examination by the Designated Physician appointed by the prefectural governor reveals

that a person is mentally disordered, that his/her medical care and protection may be exceedingly hampered
unless he/she is hospitalized immediately, and that he/she is not in a state for hospitalization under Art. 22-3
because of said mental disorder, the prefectural governor may cause said person to be transferred to the
Mental Hospital provided in Para. 1 of Art. 33-4 for hospitalization under Para. 1 of Art. 33 without theconsent of said person if the consent is obtained from the person responsible for his/her protection.
2.

If the person responsible for protection of the person provided under the preceding Paragraph needs- 25 -

to be appointed by the Family Court under Item 4, Para. 2 of Art. 20 and when such appointment has not been
made, the prefectural governor may cause said person to be transferred to the Mental Hospital provided inPara. 1 of Art. 33-4 for hospitalization under Para. 2 of Art. 33 without the consent of said person.
3.

In an emergency case where the consent from the person responsible for his/her protection (or the

person responsible for his/her support under the preceding Paragraph) is not obtainable, the person in question
is judged mentally disordered based on the result of examination by the Designated Physician who isappointed by the prefectural governor, said person is in a state where his/her medical care and protection may
be exceedingly hampered unless hospitalized immediately, and said person is judged to be not in a state forhospitalization under Art. 22-3 because of said mental disorder, the prefectural governor may cause said
person to be transferred to the Mental Hospital prescribed in Para. 1 of Art. 33-4 for hospitalization under saidParagraph even without the consent of said person.
4.

The provisions of Para. 2 and 3 of Art. 29-2-2 shall be applied mutatis mutandis to the transfer under

the preceding three Paragraphs.

Article35: Deleted.

Section 5: Treatment, etc. at the Mental Hospital(Treatment)
Article36. The administrator of the Mental Hospital may impose necessary restraint of movement on

the person hospitalized within the limit essential for his/her medical care and protection.
2.

Notwithstanding the preceding Paragraph, the administrator of the Mental Hospital shall not impose

the restraints that are prescribed in advance by the Minister of Health, Labour and Welfare based on theopinion of the Council of Social Security, said restraints being those related to receipt/dispatch of confidential
papers, interviews, etc. with the staff of the prefectural government or other administrative organization.
3.

Of the restraints imposed under Para. 1, the restraint of movements such as isolation, etc. prescribedin advance by the Minister of Health, Labour and Welfare based on the opinion of the Council on Public
Health shall be imposed only when the Designated Physician deems it necessary.

Article37: In addition to those provided by the preceding Article, the Minister of Health, Labour andWelfare may establish the necessary criteria for treatment of those hospitalized in the Mental Hospital.
2.

When the criteria are established under the preceding Paragraph, the administrator of the Mental

Hospital shall observe said standards.
3.

The Minister of Health, Labour and Welfare shall ask for the opinion of the Council on Public

Health in advance when establishing the criteria under Para. 1.

- 26 -

(Report, etc. by Designated Physician to Administrator of Mental Hospital)
Article37-2: If the Designated Physician recognizes that the treatment of person(s) hospitalized at the

Mental Hospital where he/she works is in violation of the provision of Art. 36, does not meet the criteria
under Para. 1 of the preceding Article, or that the treatment of person(s) hospitalized at the Mental Hospital isexceedingly inappropriate, the Designated Physician shall endeavor to improve such treatment by reporting
the fact, etc. to the administrator of such Mental Hospital and cause measures necessary for improving thetreatment of the person hospitalized in said hospital to be taken.

(Consultation, Assistance, etc.)
Article38: The administrator of the Mental Hospital or a facility offering medical care for mental

disorder shall offer consultation and necessary assistance to the Person with Mental Disorder receiving
medical care at said facility in order to promote his/her social rehabilitation and shall endeavor to liaise andcoordinate with the person responsible for his/her protection, etc.

(Regular Report, etc.)
Article38-2: The administrator of the Mental Hospital or the Designated Hospital where theInvoluntary Patient is hospitalized shall regularly report to the prefectural governor via the director of nearby
Health Center the conditions of the Involuntary Patient and other matters provided by the Health, Labour andWelfare Ministerial Ordinance (hereinafter referred to as "Reported Matters") in accordance with theprovisions of the Health, Labour and Welfare Ministerial Ordinance. In this case, the matters provided by
the Health and Welfare Ministerial Ordinance among the Reported Matters shall be based on the result of
examination by the Designated Physician.
2.

The provisions of the preceding Paragraph shall be applied mutatis mutandis to the administrator of

the Mental Hospital where the patient under medical care and protection is being hospitalized. In this case,the term "the Involuntary Patient" shall read as "the Patient Under Medical Care and Protection."
3.

The prefectural governor may require the administrator of the Mental Hospital (limited to those who

received the order under Para. 1, Para. 2 or Para.4 of Art.38, those for whom the period provided by the
Health, Labour and Welfare Ministerial Ordinance has not elapsed counting from the day when said order
was received, and those similar thereto as provided by the Health, Labour and Welfare Ministerial Ordinance)
to report on the conditions, etc. of the Involuntary Patient being hospitalized in said Mental Hospital (limited
to those falling subject to the criteria as provided by the Health, Labour and Welfare Ministerial Ordinance).

(Review Based on Regular Report, etc.)
Article38-3: When a report under Para. 1 or 2 of the preceding Article or a notification under Para. 7of Art. 33 (limited to those concerned with the measure under the provision of Para. 1 of said Article) is
submitted, the prefectural governor shall notify the Psychiatric Review Board of conditions, etc. of the patient- 27 -

being reported or notified as provided by the Health, Labour and Welfare Ministerial Ordinance, and seek
their review of whether or not hospitalization is necessary for said person being hospitalized.
2.

When a review is requested under the preceding Paragraph, the Psychiatric Review Board shallreview whether or not hospitalization is necessary for the person being reviewed, and notify the result to theprefectural governor.
3.

In conducting the review under the preceding Paragraph, the Psychiatric Review Board shall, if

deemed necessary, ask the opinion of the hospitalized person to whom the review is related, or cause acommittee member (who shall be a Designated Physician; the same applies to Para. 4 of Art. 38-5) toexamine said person with his/her consent, ask for the report or the opinion from the administrator of the
Mental Hospital where said person is hospitalized or other person(s) concerned, order submission of the
medical record and other documents, or order to appear for a hearing.
4.

The prefectural governor shall discharge the person for whom hospitalization is deemed unnecessary

based on the result of review by the Psychiatric Review Board notified under Para. 2, or order theadministrator of the Mental Hospital to release said person.
5.

When a report under Paragraph 1 or Paragraph 3 of the preceding Article is received, the prefectural

governor shall notify the Psychiatric Review Board regarding the conditions of the person hospitalized andother matters as provided by the Health, Labour and Welfare Ministerial Ordinance, and ask for their reviewof the need for continued hospitalization of said person.
6.

The provisions of Para. 2 and 3 shall be applied mutatis mutandis to the case where the prefectural

governor asks for review under the preceding Paragraph.

(Request for Discharge, etc.)
Article38-4: The person hospitalized at the Mental Hospital or the person responsible for his/her

protection may request the prefectural governor under the Health, Labour and Welfare Ministerial Ordinanceto cause said person to be discharged, order the administrator of the Mental Hospital to discharge him/her, or
take measures necessary for improving his/her treatment.

(Review Based on Request for Discharge, etc.)
Article38-5: When a request under the preceding Article is received, the prefectural governor shallnotify the content of said request to the Psychiatric Review Board and shall ask for their review to determine
whether or not the person concerned with said request requires hospitalization and whether or not his/hertreatment is adequate.
2.

When the review under the preceding Article is requested, the Psychiatric Review Board shallreview whether or not the person concerned with said review requires hospitalization, or his/her treatment isadequate, and notify the result to the prefectural governor.
3.

In conducting the review under the preceding Paragraph, the Psychiatric Review Board shall ask the- 28 -

opinion of the person making the request for said review under the preceding Paragraph and the administratorof the Mental Hospital where the person for whom the review was requested is being hospitalized. Provided,
however, this provision shall not apply if the Psychiatric Review Board specifically recognizes that there is noneed for asking their opinions.
4.

In addition to those provided in the preceding Paragraph, if the Psychiatric Review Board recognizes

it necessary to conduct the review under Para. 2, the Board may cause a committee member to examine theperson hospitalized to whom the review is related with his/her consent, or ask the administrator of the Mental
Hospital where said person is hospitalized or the other person concerned to report, to order submission of the
medical record and other documents, or order to appear for a hearing.
5.

Based on the result of review by the Psychiatric Review Board notified under Para. 2, the prefectural

governor shall discharge the person for whom hospitalization is recognized not necessary, or order theadministrator of said Mental Hospital to discharge said person, or to take necessary measures for improving
his/her treatment.
6.

The prefectural governor shall notify the person making the request under the preceding Article of

the result of requested review by the Psychiatric Review Board and the measure taken based on the review
result.

(Collection of Report, etc.)
Article38-6: The Minister of Health, Labour and Welfare or the prefectural governor may, if deemednecessary, require the administrator of the Mental Hospital to report the conditions or treatment of the person
being hospitalized in said Mental Hospital, ask for a report, or order to submit or present the medical recordand other documents, to cause the staff or the Designated Physician appointed thereby to enter the Mental
Hospital and inspect the medical record and other documents related to these matters (including theelectromagnetic record if such is prepared and stored instead of documents), to ask questions of said person
hospitalized in said Mental Hospital or other persons concerned, or to cause the Designated Physician
appointed thereby to enter the Mental Hospital and examine the person hospitalized in said hospital.
2.

The Minister of Health, Labour and Welfare or the prefectural governor may ask the administratorof the Mental Hospital, the person being hospitalized in the Mental Hospital or the person consenting tohospitalization under Para. 1 or 2 of Art. 33, if deemed necessary, to report, to submit or to present the
documents regarding the procedure required for hospitalization under this Law.
3.

Provisions of Para. 2 and 3 of Art. 19-6-16 shall be applied mutatis mutandis to the inspection by

entry, questioning or medical examination under Para. 1. In this case, “the preceding Paragraph” in Para. 2of said Article shall read as “Para. 1 of Art. 38-6”, “said official” shall read as “said official and the
Designated Physician”, and “Para. 1” in Para. 3 of said Article shall read as “Para. 1 of Art. 38-6”.

(Order for Improvement, etc.)- 29 -

Article38-7: If treatment of a person being hospitalized in the Mental Hospital is recognized as

violating the provision of Art. 36 or not meeting the criteria under Para. 1 of Art. 37, or is exceedingly
inadequate, the Minister of Health, Labour and Welfare or the prefectural governor shall ask the administratorof said Mental Hospital to submit a plan for improvement in order to secure the proper treatment by
indicating the measure to be taken and the due date by which they should be taken, order to alter the
improvement plan submitted, or to take the measure necessary for improving the treatment.
2.

The Minister of Health, Labour and Welfare or the prefectural governor may, if deemed necessary,cause at least two Designated Physicians appointed by them to examine the person hospitalized under Para. 3of Art. 22-4 or the person hospitalized under Para. 1, 2 or 4 of Art. 33 or Para. 1 or 2 of Art. 33-4, and order
the administrator of the Mental Hospital where such person is hospitalized to release him/her if the results of
examinations of each of the Designated Physicians do not concur regarding the need for continuing
hospitalization, or if such person was hospitalized in violation of this Law or an order under this Law.
3.

If the administrator of the Mental Hospital does not comply with the order under the preceding two

Paragraphs, the prefectural governor may publish said fact.
4.

The Minister of Health, Labour and Welfare or the prefectural governor may set a term and order torestrict all or part of medical care related to hospitalization of the Person with Mental Disorder under Para. 1of Art. 22-4, Para. 1, 2 and 4 of Art. 33 and Para. 1 and 2 of Art. 33-4 if the administrator of the Mental
Hospital does not obey the order under the provision of Para. 1 or 2.
5.

When the prefectural governor issued an order under the provision of the preceding Paragraph,he/she shall publish the fact.

(Measure for Unauthorized Discharge)
Article39: When a patient, who is likely to hurt himself/herself or others, leaves the hospital withoutauthorization and his/her whereabouts is not known, the administrator of the Mental Hospital shall notify thefollowing matters to the chief of police having jurisdiction and ask for his/her search:I:

The address, name, gender and birth date of the person who left the hospital;II:

The time and date at which he/she left;

III:

The outline of his/her conditions;IV:

The facial features, clothing, and other matters that may help to find the person who left;

V:

The date of admission to the hospital;

VI:

The address and name of the person responsible for protection or a person similar thereto.

2.

If the police finds the person for whom the search was requested under the preceding Paragraph,they shall immediately notify the fact to the administrator of said Mental Hospital. In this case, the police
may place such a person in custody for twenty four (24) hours maximum in a place suitable for custody of the
Person with Mental Disorder such as a police station, hospital, relief aid station, etc.

- 30 -

(Temporary Discharge)
Article40: If it is deemed adequate to temporarily discharge the Involuntary Patient in view of his/her

conditions and place him/her under observation based on the result of examination by the DesignatedPhysician, the administrator of the Mental Hospital or the Designated Hospital as defined in Para. 1 of Art. 29
may temporarily discharge such patient for six (6) months at maximum with the permission of the prefectural
governor.

Section 6: Miscellaneous(Obligation of Person Responsible for Protection to Take Charge, etc.)
Article41: The person responsible for protection shall take charge of the person being discharged under

Art. 29-3 or Para. 1 of Art. 29-4 or the person being temporarily discharged under the preceding Article, andshall comply with instructions of the administrator of said Mental Hospital or the Designated Hospital whenassuming protection of the person temporarily discharged.

(Cost of Medical Care and Protection)
Article42: The cost of medical care and protection of the Person with Mental Disorder paid by the

person responsible for protection shall be borne by said Person with Mental Disorder or the person
responsible for his/her support.

(Relation With Procedure, etc. for Criminal Case)
Article43: Provisions of this Chapter do not prevent the procedure under the laws and ordinances

related to criminal or juvenile custody case(s) involving the Person with Mental Disorder or the person
suspected of mental disorder, or detaining such person in a correction house for execution of penalty,
guidance or protection.
2.

Except for Art. 25, 26 and 27, the provisions of this Chapter do not apply to those being detained incorrection facilities.

(Relation to Procedures, etc. Regarding the Person Inflicting Grave Harm to Other(s) While in State ofUnsound Mind)
Article44: The provisions of this Chapter do not prevent the procedure or disposition of the object of

the Law Related to Medical Care and Observation, etc. of the Person Who Has Inflicting Grave Harm toOthers While in State of Unsound Mind in accordance with the provision of said Law or an order under said
Law.
2.

The provisions of Section 2 through the preceding Section of this Chapter shall not apply to- 31 -

persons hospitalized in the Designated Hospital under the former part of Para. 1 of Art. 34, or the orderunder the former part of Para. 1 of Art. 60, or by the decision made under the former part of Para.5 of Art. 37,
or the former part of Para. 2 of Art. 62, or to persons hospitalized in the Designated Hospital by the decision
made under Item 1, Para. 1 of Art. 42 or Item 1, Para. 1 of Art. 61 of the Law Related to Medical Care andObservation, etc. of Person(s) Inflicting Grave Harm to Other(s) While in State of Unsound Mind.

Chapter 6. Health and Welfare

Section 1: Certificate for Health and Welfare of Person with Mental Disorder (Art. 45 to 45-2)
Section 2: Counseling, Guidance, etc. (Art. 46 to 51)

Section 1: (Certificate for Health and Welfare of Person With Mental Disorder)(Certificate for Health and Welfare of Person With Mental Disorder)
Article45: The Person with Mental Disorder (excluding mentally retarded persons; the same applies tothis and the next Chapters) may apply for delivery of the Certificate for Health and Welfare of the Personwith Mental Disorder to the prefectural governor of the place of residence (if he/she has no place of residence,the place where he/she is currently living) by attaching documents prescribed by the Health, Labour andWelfare Ministerial Orderinance.
2.

If the prefectural governor decides that the applicant is in the state of mental disorder as defined by

the cabinet order by examining the application under the preceding Paragraph, he/she shall deliver to theapplicant the Certificate for Health and Welfare of the Person with Mental Disorder.
3.

If the prefectural governor decides that the applicant is not mentally disordered as defined in thecabinet order based on the result of examination under the preceding Paragraph, he/she shall notify theapplicant to that effect by giving the reason.
4.

A recipient of the Certificate for Health and Welfare of the Person with Mental Disorder shall becertified by the prefectural governor once every two (2) years under the Health, Labour and Welfare
Ministerial Ordinance that he/she is in the state of mental disorder as defined in the cabinet order mentioned
in Para. 2.
5.

The provision of Para. 3 shall apply mutatis mutandis to the certification under the preceding

Paragraph.
6.

In addition to those provided in the preceding Paragraphs, the matters necessary for the Certificate

for Health and Welfare of the Person with Mental Disorder shall be prescribed by the cabinet orders.

- 32 -

(Return, etc. of Certificate for Health and Welfare of the Person with Mental Disorder)
Article45-2: A recipient of the Certificate for Health and Welfare of the Person with Mental Disordershall promptly return the Certificate to the prefectural government when he/she is no longer in the state ofmental disorder as defined in the cabinet order under Para. 2 of the preceding Article.
2.

A recipient of the Certificate for Health and Welfare of the Person with Mental Disorder shall not

assign or loan the same.
3.

The prefectural governor may order the recipient of the Certificate for Health and Welfare of the

Person with Mental Disorder to return the same if he/she is deemed to be no longer in the state defined in thecabinet order under Para. 2 of the preceding Article.
4.

When ordering the return of the Certificate under the preceding Paragraph, the prefectural governor

shall in advance cause the Designated Physician to examine the person thus ordered.
5.

The provision of Para. 3 of the preceding Article shall be applied mutatis mutandis to recognition

under Para. 3.

Section 2: Counseling, Guidance, etc.

(Dissemination of Correct Knowledge)
Article46: The prefectural and municipal governments shall endeavor to deepen concerns andunderstanding of the community people about social rehabilitation, self-support and participation insocio-economic activities of the Person with Mental Disorder through public relations activities, etc. fordissemination of correct knowledge about mental disorder.

(Counseling, Guidance, etc.)
Article47: The prefectural government, the municipal or the special ward government(s) (hereinafterreferred to as "Prefectural and Other Governments") establishing the Health Center shall, if necessary, cause
the mental health and welfare counselor and other staff as defined in Para. 1 of the following Article, or thephysician designated by the prefectural governor or the mayor of city or special ward establishing the HealthCenter (hereinafter referred to as "the Prefectural Governor, etc.") to offer counseling and guidance to the
Person with Mental Disorder and his/her family, etc.
2.

The Prefectural and Other Governments shall, as necessary, refer the Person with Mental Disorder

requiring medical care to a medical care facility appropriate for the state of his/her mental disorder.
3.

In offering counseling and guidance on welfare of the Person with Mental Disorder, the Mental

Health and Welfare Center and the Health Center shall endeavor to keep close contact with the Welfare
Office (the office concerned with welfare as provided in the Social Welfare Work Law (Law No. 45 of
1951)) and other related administrative organs.
4.

The municipal governments (excluding the city and the special ward government(s) establishing the- 33 -

Health Center) shall cooperate with the prefectural government regarding their work related to the Personwith Mental Disorder under Para. 1 and 2, and shall endeavor to offer counseling and guidance to the Personwith Mental Disorder and his/her family, etc. regarding mental health and welfare of the Person with Mental
Disorder as necessary.
5.

In addition to that prescribed in the preceding Paragraph, the municipal government(s) shallendeavor to offer counseling and guidance to the Person with Mental Disorder and his/her family, etc.
regarding mental health.

(Mental Health and Welfare Counselor)
Article48: The prefectural and the municipal governments may retain the staff for counseling on

mental health and welfare of the Person with Mental Disorder and offer necessary guidance by visiting the
Person with Mental Disorder and his/her family, etc. (referred to as "Mental Health and Welfare Counselor"in the following Paragraph).
2.

The Mental Health and Welfare Counselor shall be selected for appointment by the prefectural

governor or the mayor of municipality from among those qualified as the psychiatric case worker or having
other qualifications prescribed by the cabinet order.

(Coordination, etc. for Use of Business)
Article49: If requested by the Person with Mental Disorder who has received the Certificate for Healthand Welfare of Person with Mental Disorder, the mayor of municipal government shall consider his/herrequest, his/her state of mental disorder and the content of guidance, training and assistance necessary forpromoting his/her social rehabilitation, self-support, and participation in socio-economic activities, and offer
counseling and necessary advice so that said Person with Mental Disorder can utilize the most appropriate
business for social rehabilitation or the social adaptation training work for the Person with Mental Disorder(hereinafter referred to as "Service, etc. for Welfare of the Person with Mental Disorder"). In this case, themayor of municipal government may consign said business to a party conducting counseling and assistancebusiness as provided in Para. 17 of Art. 5 of the Law to Support Independence of Disabled Persons.
2.

The mayor of municipal government shall liaise or coordinate the use of service and welfare fordisabled persons, as necessary, if requested by the Person with Mental Disorder receiving advice under thepreceding Paragraph, and shall request, as necessary, the use by said Person with Mental Disorder to the party
offering service and welfare for disabled persons.
3.

Regarding liaison, coordination and request made by the municipal government under theprovisions of the preceding Paragraph, the prefectural government shall offer cooperation, etc. regarding thetechnical matters by the Health Center established thereby and other assistance necessary to the municipal
government and liaise and coordinate the relation among the municipal governments.
4.

The party conducting the welfare service for disabled persons shall cooperate as much as possible to- 34 -

comply with liaison, coordination and requests under the preceding Paragraph.

( Social Rehabilitation Training for Person with Mental Disorder)
Article50: The Prefectural Government may conduct the social rehabilitation training business (whichmeans the business of offering and conducting training necessary for social adaptation of person(s) for
whom employment by ordinary enterprise(s) is difficult by consigning the party having zeal for promoting
participation in socio-economic activities of the Person with Mental Disorder. This applies hereinafter.) for
prompting social rehabilitation and participation in socio-economic activities of the Person with Mental
Disorder.

(Subsidy by the National Government)
Article51: The national government may subsidize the municipal government a part of expenses

required for social adaptation training business for the Person with Mental Disorder conducted by themunicipal government within the limit of its budget.

Chapter 7: Social Rehabilitation Promotion Center for the Person with Mental Disorder(Designation, etc.)
Article51-2: The Minister of Health, Labour and Welfare may designate upon application general

corporation(s) or general foundation(s) aiming to promote social rehabilitation of the Person with Mental
Disorder by conducting research and development related to the training and guidance, etc. for promotion ofsocial rehabilitation of the Person with Mental Disorder, which is recognized as being able to optimally andsecurely conduct the businesses prescribed in the following Article as the Social Rehabilitation Promotion
Center for Person with Mental Disorder limited to one in the country (hereinafter referred to as “the Center”).
2.

The Minister of Health, Labour and Welfare shall publish the title, address and location of the officeof the Center when making designation under the preceding Paragraph.
3.

The Center shall report in advance to the Minister of Health, Labour and Welfare when changing thetitle, address or location of its office.
4.

The Minister of Health, Labour and Welfare shall publish the matters related to the report madeunder the provisions of the preceding Paragraph.

(Businesses)
Article51-3: The Center shall carry out the following businesses.

I:

To conduct enlightenment and public relations activities in order to contribute to promotion ofsocial rehabilitation of the Person with Mental Disorder;II:

To conduct researches and development related to training, guidance, etc. for promoting social- 35 -

rehabilitation of the Person with Mental Disorder adapted to the actual cases of social rehabilitationof the Person with Mental Disorder;III:

To conduct researches related to promotion of social rehabilitation of the Person with Mental
Disorder in addition to those described in the preceding Items;IV:

To offer regularly or timely the result of researches and development under Item 2 or the researchunder the preceding Item in order to promote social rehabilitation of the Person with Mental
Disorder;V:

To offer training to persons engaged or planning to engage in the business for promoting social
rehabilitation of the Person with Mental Disorder;VI:

To conduct businesses necessary for promotion of social rehabilitation of the Person with Mental
Disorder in addition to those described in the preceding Items.

(Cooperation with the Center)
Article51-4: The party establishing the Mental Hospital or other facility to offer medical care formental disorder and the party conducting services for disorder and welfare may, in response to the request of
the Center and within the limit necessary for the Center to perform the businesses under Items 2 and 3 of thepreceding Article, offer information, materials related to the training and guidance for promotion of social
rehabilitation of the Person with Mental Disorder, or other information or materials provided by the Health,Labour and Welfare Ministerial Ordinance.

(Rules Regarding Specific Information Control)
Article51-5: The Center shall prepare the rules concerning control and use of information and materials

related to the businesses described in Items 2 and 3 of Art. 51-3 (referred to as “Specific Information” in this
Article and in Art. 51-7, (the rules being referred to as “Rules for Specific Information Control” in this Article
and in Art. 51-7), and obtain the approval of the Minister of Health, Labour and Welfare. The same applies
to intended changes thereto.
2.

The Health, Labour and Welfare Minister may order change(s) to said Rules for SpecificInformation Control when said rules approved under the preceding Paragraph is deemed to have become
inappropriate in attempting the optimum control or use of the Specific Information.
3.

The matters to be described in the Rules for Specific Information Control shall be determined by the

Health, Labour and Welfare Ministerial Ordinance.

(Confidentiality Obligation)
Article51-6: The current or past officer(s) or staff of the Center shall not divulge any confidential

matters which he/she has learned about the business described in Item 2 or 3 of Art. 51-3 in conducting
his/her duties.

- 36 -

(Order for Dismissal)
Article51-7: The Health, Labour and Welfare Minister may order the Center to dismiss its officer orstaff who has controlled or used the Specific Information not by the Rules for Specific Information Control
approved under Para. 1 of Art. 51-5 or who has violated the preceding Article.

(Business Plan, etc.)
Article51-8: The Center shall prepare the business plan and the budget for every business year andsubmit the same to the Minister of Health, Labour and Welfare prior to the start of said business year. The
same applies to proposed change(s) thereto.
2. The Center shall prepare the business report and the financial statements for every business year andsubmit the same to the Minister of Health, Labour and Welfare within three (3) months following the end of
said business year.

(Report and Inspection)
Article51-9: The Minister of Health, Labour and Welfare shall require the Center to report the mattersdeemed necessary within the limit required for securing the optimum management of business as provided in
Article 51-3, or cause its staff to enter the office and inspect the work status, the accounting books, thedocuments and other matters.
2.

The provisions of Para. 2 and 3 of Art. 19-6-16 shall be applied mutatis mutandis to the inspection

by entry under the preceding Paragraph. In this case, the term "the preceding Paragraph" in Para. 2 of said
Article shall read as "Para. 1 of Art. 51-9" and "Para. 1" in Para. 3 of said Article as "Para. 1 of Art. 51-9".

(Order for Supervision)
Article51-10: The Minister of Health, Labour and Welfare may issue to the Center order(s) necessary

for supervision regarding the business provided in Article 51-3 within the limit necessary for carrying out theprovisions of this Chapter.

(Cancellation, etc. of Designation)
Article51-11: The Minister of Health, Labour and Welfare may cancel the designation under Para. 1of Art. 51-2 when the Center falls subject to any of the following:I:

When the Center is deemed unable to perform the business provided in Art. 51-3 in an optimum andsecure manner;

II:

When there was an illegal act regarding the designation;

III:

When the Center violated the provisions of this Chapter or the order or disposition under said rules.

2.

When canceling the designation under the preceding Paragraph, the Minister of Health, Labour and- 37 -

Welfare shall publish the same.

Chapter 8.

Miscellaneous(Demand for Judgment)
Article51-11-2: The mayor of municipality may demand a judgment provided under Art. 7, Art. 11,

Para. 2 of Art. 13, Para. 1 of Art. 15, Para. 1 of Art. 17, Para. 1 of Art. 876-4 or Para. 1 of Art. 876-9 of the
Civil Code (the Law No. 89 of 1896) regarding the Person with Mental Disorder if it is deemed specificallynecessary for his/her welfare.

(Exception for Big Cities)
Article51-12: Of the works prescribed by this Law to be processed by the prefectural government,

those provided by the cabinet order shall be processed by the city designated under Para. 1 of Art. 252-19 of
the Local Autonomy Law (Law No. 67 of 1947) (hereinafter referred to as “Designated City”) as provided by
the cabinet order. In this case, the provisions regarding the prefecture government in this Law shall beapplied to the Designated City as the provision for such.
2.

The party who is not satisfied with the decision rendered by a prefectural governor regarding

disposition made by the mayor of the Designated City (limited to those related to the legally delegated work
under Item 1 as provided in Item 1, Para. 9 of Art. 2 of the Local Autonomy Law) may demand the Ministerof Health, Labour and Welfare to hold re-investigation.

(Classification of Works)
Article51-13: The works which are provided to be processed by the prefectural government under theprovisions of this Law (excluding Chapters 1 through 3, Para. 4 of Art. 19-2, Art. 19-7, Art. 19-8, Para. 1 ofArt. 19-9, Para. 2 of Art. 19-9 (including the case where the provision is applied mutatis mutandis under Art.
33-5), Art. 29-7, Para. 1 of Art. 30 and Art. 31, Para.1 and 6 of Art. 33-4, and Chapter 6) are defined as "Item1: Legally Delegated Matters" as provided in Item 1, Para. 9 of Art. 2 of the Local Autonomy Law (referred
to as "Item 1. Legally delegated matters" in the following paragraph and in Para. 3.)
2.

The works to be carried out by the city or the special ward in establishing the Health Center (limited

to those related to the head of the Health Center) under this Law (excluding Para. 3 of Art. 32 and Section 2 ofChapter 6) shall be Item 1: Legally Delegated Matters.
3.

The works to be processed by the municipality under Art. 21 shall be Item 1: Legally Delegated

Matters.

(Delegation of Authority)- 38 -

Article

51-14: The authority of the Minister of Health, Labour and Welfare shall be delegated to thehead of the Regional Health and Welfare Bureau under the Health, Labour and Welfare Ministerial
Ordinance.
2.

The authority delegated to the head of the Regional Health and Welfare Bureau under thepreceding Paragraph may be delegated to the branch head of the Regional Health and Welfare Bureau underthe Health, Labour and Welfare Ministerial Ordinance.

(Transitory Measures)
Article51-15: When an order is issued, revised or abolished under the provisions of this Law,

necessary transitory measures (including the transitory measures concerning the penal provisions) may beprovided within the scope judged reasonably necessary for the making, revision or abolishment under saidorder.

Chapter 9.

ArticlePenal Provisions

52: A person falling subject to any of the following shall be imposed imprisonment with forcedlabor for three (3) years or less or fine of one million (1,000,000) yen or less:I:

A person violating an order under Para. 4 of Art. 38-3;

II:

A person violating an order for discharge under Para. 5 of Art. 38-5;

III:

A person violating an order under Para. 2 of Art. 38-7;

IV:

A person violating an order under Para. 4 of Art. 38-7;

Article53: The administrator of the Mental Hospital, the Designated Physician, member(s) of the

Local Council on Mental Health and Welfare, member(s) of the Psychiatric Review Board or the SpecificPhysician who conducted the medical examination under Para. 4 of Art. 22-4, Para. 4 of Art. 33 or Para. 2 ofArt. 33-4, or those who occupied any of these posts in the past shall be sentenced to imprisonment withforced labor of one (1) year or less or fine of one million (1,000,000) yen or less if he/she divulges without ajustifiable reason the confidential matter of a person that he/she has come to learn in the course of executionof duties under this Law.
2.

The current or the past staff of the Mental Hospital shall be sentenced similarly to the preceding

Paragraph if he/she divulges without a justifiable reason the confidential matters that he/she has come to learn
while assisting the administrator of the Mental Hospital executing the duties under this Law.

Article53-2: A person violating the provision of Art. 51-6 shall be sentenced to imprisonment withforced labor for one (1) year or less or fine of one million (1,000,000) yen or less.

- 39 -

Article

54: A person falling subject to any of the following shall be sentenced to imprisonment withforced labor for six (6) months or less or fine of five hundred thousand (500,000) yen or less:I:

A person violating an order for suspension under Art. 19-6-13;

II:

A person who filed an application under Para. 1 of Art. 23 by describing false fact(s);Article55: A person falling subject to any of the following shall be sentenced to fine of three hundred

thousand (300,000) yen or less:I:

A person who failed to report or made a false report under Para. 1 of Art. 19-6-16, or refused,
obstructed or evaded the inspection under said Paragraph;II:

A person who refused, obstructed or evaded the medical examination under Para. 1 or 2 of Art. 27
or refused or obstructed the entry under Para. 4 of said Article;

III :A person who refused, obstructed or evaded the medical examination under Para. 1 of Art. 29-2, orrefused or obstructed the entry under Para. 4 of Art. 27 applied mutatis mutandis under Para. 4 of said
Article.

IV.

A person who failed to report or made a false report under Para. 3 of Art. 38-3 (including the casewhere the provision is applied mutatis mutandis under Para. 6 of said Article. This applies in this Item),obstructed the medical examination under Para. 3 of said Article, failed to appear at ahearing undersaid Paragraph, or failed to respond to questions without a justifiable reason or gave

false response ata hearing under said Paragraph;V.

A person who failed to report , to submit a report or made a false report under Para. 4 of Art. 38-5,
obstructed the medical examination under said Paragraph, failed to appear at hearing under saidParagraph, failed to answer questions without a justifiable reason or gave a false response at thehearing under said Paragraph;

Ⅵ.

A person who failed to report or to submit report, or made false report under Para. 1 of Art. 38-6, or
refused, obstructed, or evaded the examination or medical examination under said Paragraph, or failed torespond without a justifiable reason or gave false response to the question asked under the provision ofsaid Paragraph;VII.

The administrator of the Mental Hospital who failed to report, to submit or to present report, ormade false report under Para. 2 of Art. 38-6;

VIII.

A person who failed to report or made false report under Para. 1 of Art. 51-9, or refused,
obstructed or evaded the examination under said Paragraph.

Article56: If the representative of a corporation, an agent, a servant or an employee of a corporation ora person commits an act in violation of Art. 52, Item 1 of Art. 54 or the preceding Article regarding thebusiness of said corporation or person, the person who committed such act as well as the corporation or the- 40 -

person shall be fined under this Article.

Article57: A party falling subject to any of the following shall be fined one hundred thousand(¥100,000) or less:I:

A party who violated the provision of Art. 19-4-2 (including the cases where the provision is appliedmutatis mutandis under Para. 5 of Art. 22-4, Para. 5 of Art. 33, and Para. 3 of Art. 33-4) ;II:

A party who failed to report or made a false report under Art. 19-6-9;

III:

A party who failed to keep the financial statements, etc., failed to describe the matters to be
described in the financial statements, etc. or made false entries, or who refused the demand withouta justifiable reason under Items of Para. 2 of said Article;

IV:

A party who violated the provision of Art. 19-6-14 by failing to describe the matters to be describedunder said Article or described the false matters or failed to keep the account books;

V:

A party who violated the provision of Para. 7 of Art. 22-4;

VI:

A party who violated the provision of Para. 7 of Art. 33;

VII:

A party who violated the provision of Para. 5 of Art. 33-4;

VIII:

A party who violated the provision of Para. 1 of Art. 38-2 or under Para. 2 where the provision of
Para.1 of said Article is applied mutatis mutandis.

Supplementary Provisions(Date of Enforcement)
Article1: This Law shall come into force as of the day of its promulgation.

(Abolition of the Law for Custody of Persons With Mental Illnesses and the Law Related to Mental
Hospital)
2.

The Law for Custody of Persons With Mental Illness (Law No. 38 of 1900) and the Law Related to

Mental Hospital (Law No. 25 of 1919) shall be abolished. Provided, however, application of penalty to an
act committed prior to enforcement of this Law shall be in accordance with the previous examples.

- 41 -