In Japan, there is no clearly defined regulation on what nursing work is. However, Article 5 of the Public Health Nurses Midwifery Nurse Act defines a nurse as “a person who has obtained a license from the Minister of Health, Labor and Welfare and whose business is providing medical care for the sick or nursing staff or assisting in medical treatment,” Article 31 of the same Act Paragraph 1 of Article 1 only stipulates that ‘a person who is not a nurse must not engage in the business stipulated in Article 5.’ In addition, after stipulating nurses, non-nursing personnel should not engage in the business stipulated in Article 5. Both are nursing professions (the scope of the nurse’s monopoly) and are generally understood to be nursing.
Above all, it is not always possible to derive the details of the work performed by a nurse, and in particular, there is an action on the borderline of whether a nurse can perform it as a profession. Nurses use medical machines to award medicines, give instructions for medicines, and do not perform any other act that may cause sanitary harm unless directed by the attending physician or dentist. You should not do it, but you can take temporary emergency measures.
Nurses who violate this rule face criminal punishment. Therefore, it is very important to clarify what a nurse’s job is and what it means to act as a medical assistant. In this study, the scope of the nurse’s work is reviewed, focusing on whether the acts of Article 37 of the Japanese Assistant Act are included in the nursing work stipulated in Article 5 of the Assisted Act. In the current situation in Korea where there is no nurse law, a study on the Japanese legal system will provide important implications.