What is medical-like practice?
- VernacularTitle:医業類似行為とは何か
- Author:
Taiji SHIBATA
1
;
Hiroshi TANIGUCHI
2
Author Information
- Keywords: Act on Anma; Massage; Shiatsu; Acupuncture; and Moxibustion Practitioner; etc.: medical practice; medical-like practice; Ministry of Health and Welfare notification; judicial precedent Classification
- From:Journal of the Japan Society of Acupuncture and Moxibustion 2024;74(2):108-115
- CountryJapan
- Language:Japanese
- Abstract: [Introduction] What is a medical-like practice as defined in Article 12 of the Act on Anma, Massage, Shiatsu, Acupuncture, and Moxibustion Practitioner, etc.? Are Anma, Massage, Shiatsu, Acupuncture, and Moxibustion included in the medical practice? This article examines medical-like practice based on the above questions.[Objective & Method] First, the medical practice, which is the premise for practice similar to the medical practice, was clarified. Next, we interpreted the wording of the articles of the law. We then organized the literature, Ministry of Health and Welfare notifications, and judicial precedents to depict the contours of medical-like practice. Finally, we examined how medical-like practice are positioned in the medical care system, in relation to the Medical Practitioners Law, and in comparison with the medical practice.[Result] Regarding the medical practice, medical practice could be defined as an act that "may cause health hazards unless it is performed by a physician" based on the assumption that it is now "an act with medical relevance" based on notifications and judicial precedents. From the interpretation of the wording of the relevant articles of the law, it was concluded that the natural interpretation is that kind of practice is included in acts similar to medical practice. Through the literature, notifications, and judicial precedents, the content and direction of the understanding and interpretation of the medical profession-like practice have been clarified and refined over time, and the latest Ministry of Health and Welfare notifications and judicial precedents confirm that the law is currently being applied as a medical profession-like practice. The study examined the medical profession-like practice in relation to the Medical Practitioners Act and in comparison with the medical practice, and concluded that although the medical practice is performed by medical doctor, if one focuses only on the act, the medical profession-like act can be said to be part of the medical profession, albeit to a limited extent.[Discussion] However, it is extremely limited compared to treatment performed by medical doctor, and is different from medical practice in terms of the interpretation of the article, the Ministry of Health and Welfare's opinion, and judicial precedents. However, if that practice is to play a role in the advancement of medical treatment, the practitioner as a "medical-like practice" must keep pace with the progress of the "medical practice" and have progress and deep medical insight.
