Abstract
Focusing on nurses among healthcare personnel, this paper will discuss the relationship between “autonomy,” which is one of the characteristics of the profession (or professionals), and related laws. Especially whether or not nursing autonomy can be exerted in the course of performing their affairs such as “nursing care” and “auxiliary to medical treatment” will be examined in the context that the “doctor's order” is needed. Amendment Law on Act concerning Public health nurses, Midwives and Nurses (herein after referred as new Nurses Act) is pending in the Diet. This law revision is based upon “Training system of nurses related to specific medical treatment” which was proposed by the Committee on Team Medical Care Promotion. The meaning and significance of “instruction” (i.e. protocol) which is provided in article 37–2 of new Nurses Act and “specific medical treatment” that is found to be carried out as “auxiliary” will be clarified and some problems of new law will be pointed out in the light of the history leading to the “Training system” from “Specified Nurse (tentative name).” After arguing these issues mentioned above, this paper will be concluded by suggesting a path which might lead nurses to the fully professionalized and exert their autonomy under new Nurses Law.
