Chapitre 3. The present state and problems of “the Code of medical ethics” in Japan

Resumen

A code of professional ethics for the physician in Japan is being prepared caused by the progress of the medical conditions. The Japan Medical Association (JMA) enacted “the guideline on professional ethics for the physician” in 2004. However, as for the substantial effect of this guideline, it may not be able to be expected. The present state of the professional group of the physician in Japan can be shown as that reason. (1) First, there is not any physician’s group of the compulsory admission, but only professional ability profit group of the voluntary admission in Japan. (2) There are no ethical regulations of the profession which has legal effect to face in the physician’s misconduct in Japan. (3) In addition, there is not any autonomous organizations inside the professional group which examine and impose disciplinary punishment to the physician who went through misconduct in Japan. After all, the ethics in the physician would be left to each physician’s conscience. Then, how should we do to solve such various fundamental problems? In this paper, the situation in various foreign countries is surveyed as an indication of the Japanese medical profession’s future conduct. Moreover, I present some solutions to the various problems in fulfilling the professional ethics for the physician in Japan.