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Home > Midwifery in Japan > Midwives in Japan

Definition and the Scope of Practice of the Midwife

Definition and the Scope of Practice of the Midwife

The midwife and her activities are defined under the Public Health Nurse, Midwife and Nurse Law (Law No. 203) established in 1948. In December 2001, the law was partially revised, and the title of the law in Japanese was changed slightly.

The purpose of this law is to improve the quality of public health nurses, midwives, and nurses, and promote medical care and public health.

The definition and the scope of practice of the midwife under this law are as follows:

[ Definition of midwife ]

Article 3
Under this law, "Midwife" refers to a woman licensed by the Minister of Health, Labour and Welfare, who practices midwifery or provides health care to pregnant women, women in the postpartum period, and newborn infants.

[ Restrictions on midwifery activities ]

Article 30
Only a midwife licensed under Article 3 shall engage in these activities, except in situations where those activities are performed in accordance with the provisions of the Medical Practitioners Law (Law No. 201, 1998).

The Japanese Nursing Association (JNA) is a member of the International Confederation of Midwives (ICM) and has adopted the following ICM Definition of the Midwife, which was revised at the ICM International Council Meeting in Kobe in 1990 and ratified by the FIGO (International Federation of Gynecology and Obstetrics) in 1991, and then by the WHO (World Health Organization) in 1992.

A midwife is a person who, having been regularly admitted to a midwifery educational program, duly recognized in the country in which it is located, has successfully completed the prescribed course of studies in midwifery and has acquired the requisite qualifications to be registered and/or legally licensed to practice midwifery.

She must be able to give the necessary supervision, care and advice to women during pregnancy, labor and the postpartum period, to conduct deliveries on her own responsibility, and to care for the newborn and the infant. This care includes preventative measures, the detection of abnormal conditions in mother and child, the procurement of medical assistance, and the execution of emergency measures in the absence of medical help. She has an important task in health counseling and education, not only for women as a whole, but also within the family and the community. The work should involve antenatal education and preparation for parenthood and extends to certain areas of gynecology, family planning and child care. She may practice in hospitals, clinics, health units, domiciliary conditions or in any other service.

Source
ICM Position Statement "Definition of the Midwife"
http://www.internationalmidwives.org

The right for a midwife to establish an independent practice is given in the Medical Service Law, and the obligation to patient confidentiality is stated in the penal code. In addition, the title "Birth Control Instructor" is given under the Maternal Protection Law.

  1. Independent practice (Administration of the midwifery home)

    When a midwife has established a midwifery home, she has to notify the governor of the prefecture where the midwifery home is located, of the fact within ten days of the establishment. (Medical Law, Article 8)

  2. Birth Control Instructor

    Maternal Protection Law, Article 15 states as follows: "the practice of instructing women about birth control utilizing the contraceptive device specified by the Minister of Health, Labour and Welfare is only allowed to physicians and those who are designated by the governor of the prefecture". Those who may be designated by the governor of the prefecture are midwives, public health nurses or nurses who has finished the courses which the governor of the prefecture certifies according to the standard set by the Minister of Health, Labour and Welfare. (Article 15, Paragraph 2)

  3. Obligation to confidentiality

    Article 134 of the Penal Code states that physicians, vendors of the pharmaceutical products, midwives, layers, defendants and notaries, as well as those who used to be engaged in these occupations, are to be given a punishment by imprisonment for six months or over, or maximum fine of 100,000 yen, when they have breached the confidentiality without legitimate grounds and disclosed others the clients' information obtained through their practice.