PRELIMS Flashcards
Rule of civil conduct prescribed by sovereign power or
enactments promulgated by the legislative authority of the
state
LAW
part of law; that specifies how the ideas of that law is
implemented
REGULATION
part of regulation; guideline or instruction for doing
something
rule
an order that does not have legal implication if not
followed; does not arise from a law
policy
translates to: Ignorance of the Law excuses no one
“ignorantia legis non excusat”
FOUR BASIC FUNCTIONS OF LAW IN A SOCIETY
To define relationships among members of a society and
to state which activities are permissible and which are not
permissible
2. To describe what force may be applied to maintain rules and
by whom it is applied
3. To provide solution to problems
4. To redefine relationships between persons and groups when
conditions of life change
FUNCTIONS OF LAW IN DENTISTRY
1.Establishes what are Legal Dental Actions- Provides a
framework for establishing what dental actions in the care of
patients are legal;
2. Prescribes Dentist’s responsibilities - It delineates the
dentist’s responsibilities from those of other health
practitioners;
3. Sets the boundaries of Dental Actions/Practices - It helps
to establish the boundaries of independent dental action;
4. Maintains the standard Dental practice - It assists in
maintaining a standard of de
SOURCES OF LAW
- STATUTORY LAW – laws that are passed by Congress;
originates from Bills written by Congress and senate - CONSTITUTIONAL LAW – this refers to rights, privileges,
and responsibilities that are stated in or are inferred from the
Philippine Constitution, including the Bill of Rights; all laws
should conform to the Constitutional Law - ADMINISTRATIVE LAW – the rules and rulings made by
administrative agencies that have been granted the
authority by statute to act in this manner ex. DepEd, DFA, BIR,
etc. - COMMON LAW – refers to the decisions made by judges in
court cases or established by rules of custom and tradition
laws that are passed by Congress;
originates from Bills written by Congress and senate
statutory law
this refers to rights, privileges,
and responsibilities that are stated in or are inferred from the
Philippine Constitution, including the Bill of Rights; all laws
should conform to the _______
constitutional law
the rules and rulings made by
administrative agencies that have been granted the
authority by statute to act in this manner ex. DepEd, DFA, BIR,
etc.
administrative law
refers to the decisions made by judges in
court cases or established by rules of custom and tradition
common law
the result of legal principle “stare
decisis”, which means that once an issue has been
decided all other cases concerning the same issue
should be decided the same way;
case law
CLASSIFICATION OF LAW
criminal law and civil law
The science which treats of the principles of positive law and
legal relations
Jurisprudence
It functions to ascertain the principles of which legal rules are
based, so as not only to classify those rules in proper order,
and show their relation in which they stand to one another, but also to settle the manner in which new or doubtful cases should be brought under the appropriate rules
Jurisprudence
“Therefore, Dental Jurisprudence comprises all laws, rules,
doctrines, and principles, legal opinions, and decisions of
competent authority regarding governance and regulation of
practice of dentistry
Dental Jurisprudence
It emphasizes the duties of the dental practitioner to his
patients and the regulations for the practice of dentistry as well as the relation of law to dental practice
Dental Jurisprudence
lifeblood of the government
tax
It is the act or process of making laws affecting the science,
art, and practice of dentistry
dental legislation
mainly tooth extraction; no recognized special
course or profession, no law nor any Royal Decree from Spain
governing the practice of dentistry
spanish times
dental profession received its professional status as a field of practice on August 2, 1899
american regime
The Board was reorganized through Public
Act No. 593 entitled “The Act of Regulation the Practice of
Dentistry in the Philippine Islands”
January 10, 1903
regulations for the examination of dentists and the practice of dentistry
February 5, 1915 - Act of 2462/3681
was amended by Act No. 2602, changing
the requirements for the qualification, appointment, and removal of the Board of Dental Examiners, qualification of candidates for the admission to the dental examination;
1916 – Act No. 2462
the board of dental examiners was placed under the Department of Public Instruction together with other medical-related boards
Public Act No. 4007 or Reorganization Law of 1932
created the first independent Dental Board of Examiners
1948 – Republic Act No. 546
the law was amended by RA No. 4419 also known as “The
Philippine Dental Act of 1965” - the Board was given the authority to issue, suspend, or revoke certificates of registration and also the power to administer oaths and oversee dental education requirements
June 19, 1965
“The Philippine Dental Act of 2007”
June 2, 2007
A more comprehensive regulation, control, and supervision of
the practice of dentistry, dental hygiene, and dental
technology in the Philippines; also provides licensure
examination and registration
RA 9484 - The Philippine Dental Act of 2007
the power of promoting the public welfare by restraining and regulating the use of liberty and property
Police Power
The sustained development of a reservoir of national talents
consisting of Filipino scientists, entrepreneurs, professionals,
managers, high-level technical manpower, and skilled workers
and craftsmen in all fields shall be promoted by the state
Constitutional Basis
The State shall encourage appropriate technology and regulate
its transfer for the national benefit
Constitutional Basis
T/F
The practice of all professions in the Philippines shall be limited to Filipino Citizens, save in cases prescribed by law; this
includes the practice of dentistry
TRUE
The practice of dentistry, the licensing and regulation of the
dental profession are governed by the Philippine Dental Act
of 2007
Statutory basis
T/F
Six men team incharge in lisencing dentists and Appointed by the President of the Philippines
FALSE
five
T/F
Appointment should not be recommended by the PDA
FALSE
should be recommended
This Act shall be known as “The Philippine Dental Act of 2007”.
Article I, Sec. 1
The State recognizes the importance of dentists, dental hygienists and dental technologists in nation-building. Hence, it shall develop and nurture competent, productive, morally-upright, and well rounded dentists, dental hygienists and dental technologists whose standards of professional practice and service shall be excellent, qualitative, world-class and internationally recognized, globally competitive through regulatory measures, programs and activities that foster their continuing professional development.
Article 1, Sec. 2
This Act provides for:
(a) The regulation, control, and supervision of the practice of dentistry, dental hygiene and dental technology
in the Philippines;
(b) The giving of licensure examination to graduates of recognized dental schools of dentistry, dental hygiene and dental technology for the purpose of registration;
(c) The accreditation of the various specialties of dentistry;
(d) The promotion and development of continuing dental education and research in the country;
(e) The enforcement of the Code of Ethics and Code of Dental Practice in the Philippines; and
(f) The stipulation of penalties for infractions or violations of this Act or any other laws, rules and regulations authorized under the provisions of this Act.
Article 1, Sec. 3
refers to a person who is a holder of a valid certificate of registration and professional identification card in Dentistry who renders dental service within the meaning and intent of this Law and who, for a fee, salary, compensation or reward, paid to him/her or through another, or even without such compensation or reward, performs any operation or part of an operation, upon the human oral cavity, jaws, teeth and surrounding tissues; prescribes drugs or medicines for the treatment of oral diseases or lesions, or prevents and or corrects malpositions of the teeth or implantation of artificial substitutes for lost teeth; and teaches subjects in the licensure examination; or engages in dental research: Provided, however, That this provision shall not apply to dental technologists engaged in the mechanical construction of artificial dentures or fixtures or other oral devices, as long as none of such procedures is done inside the mouth of the patient; nor shall this provision apply to students of dentistry undergoing practical training in a legally constituted dental school or college under the direction or supervision of a member of the faculty who is duly licensed to practice dentistry in the Philippines; or to registered dental hygienists who may be allowed to perform preventive oral hygiene procedures and other procedures or to dentistry graduates working as dental assistants to licensed and registered dentist authorized to practice dentistry in the Philippines who are engaged :in private practice: Provided, further, That these dentistry graduates work under their direct supervision.
Dentist
refers to a person who is a holder of a valid certificate of registration and professional identification card and has undergone a two year course in dental hygiene from a government recognized school under a college of dentistry and passing the prescribed board examination for dental hygienist, renders oral health promotion and preventive measures, performs scaling and polishing, oral examination, taking brief clinical history, taking radiograph, and giving oral health education to patients under the supervision of a licensed dentist.
Dental Hygienist
refers to a person who is a holder of a valid certificate of registration and professional identification card and who renders technical services such as mechanical construction of artificial denture and other oral devices under the supervision of a licensed dentist, and has finished a two year certificate course in dental technology from any government recognized school.
Dental Techonolist
There is hereby created a Professional Regulatory Board of Dentistry, hereinafter referred to as the Board, under the administrative control and supervision of the Professional Regulation Commission (PRC) , hereinafter referred to as the Commission, composed of a chairman and four members who shall be appointed by the President of the Philippines from the recommendees chosen and ranked by the Commission from a list of nominees submitted by the accredited and integrated professional organization.
Article II, Sec. 5
The Board shall have the following powers and functions:
(a) Promulgate, administer and enforce rules and regulations necessary for carrying out the provisions of this
Act;
(b) Administer oaths in connection with the administration of this Act;
(c) Study the conditions affecting the practice of dentistry, dental hygiene and dental technology in the Philippines;
(d) Adopt or recommend such measures or discharge such duties, as may be deemed proper for the advancement of the profession and the vigorous enforcement of this Act;
(e) Ensure, in coordination with the Commission on Higher Education (CHED) , Technical Education and Skills Development Authority (TESDA) , the Accredited Professional Organization, and the Association of Dental Colleges, that all educational institutions offering dentistry, dental hygiene, and dental technology comply with the policies, standards and requirements of the course prescribed by the CHED or TESDA in the areas of curriculum, faculty, library, and facilities;
(f) Supervise and regulate the registration, licensure and practice of dentistry, dental hygiene and dental technology in the Philippines;
(g) Adopt an official seal of the Board;
(h) Issue, reinstate, suspend or revoke the certificate of registration and professional identification card or cancel special permits for the practice of dentistry, dental hygiene and dental technology;
(i) Prescribe and/or adopt a Code of Ethics and a Code of Dental Practice for the practice of dentistry, dental hygiene and dental technology;
(j) Prescribe guidelines and criteria in the Continuing Professional Education (CPE) program for dentistry, dental hygiene and dental technology;
(k) Hear or investigate any violation of this Act, its implementing rules and regulations, and the Code of Ethics for dentists as shall come to the knowledge of the Board and for this purpose, issue a subpoena duces tecum to secure the appearance of witnesses and the production of documents in connection therewith;
(l) Accredit various specialties, dental societies! organizations; and
(m) Perform such other powers and functions as it may deem necessary to carry out the objectives of this Act.
Article II, Sec. 6
The chairman and members of the Board shall, at the time of his/her appointment, possess the following qualifications:
(a) Be a natural-born citizen of the Philippines and a resident thereof;
(b) Be a duly registered dentist in the Philippines with a valid certificate of registration and professional identification card;
(c) Be a member of good standing of the accredited professional organization for the last five years: Provided, That a member of the Board may not qualify in any position, whether elective or appointive or serve as an officer of the accredited and integrated professional organization of dentists, dental hygienists, and dental technologists during his/her incumbency as such;
(d) Have at least ten (10) years of continuous experience as a dentist and preferably with three (3) years of teaching experience;
(e) Not be a member of the faculty of any school, college, or university where undergraduate and graduate courses in dentistry are taught and where dental hygiene and dental technology courses and review courses are offered, nor shall have, directly or indirectly, any pecuniary interest in such institution; and
(f) Not be connected in any capacity with any business enterprise, firm or company in the buying, selling or manufacture of dental goods, equipment, materials or supplies.
Sec. 7. Qualification of the Chairman and Members of the Board.
The chairman and the members of the Board shall serve for a term of three years from the date of their appointments and may be reappointed for another term. The member serving the last year of his term shall automatically become the chairman 0 the Board and shall not be able to succeed himselflherse1f immediately after the expiration of his/her term of office so that the term of one member shall be due to expire every year: Provided, however, That all appointments as chairman shall be approved by the President: Provided further, That an appointment for any existing vacancy or vacancies shall be made within one month from the time the vacancy occurred and shall be for the unexpired portion of the term only.
Sec. 8. Term of Office.
The chairman and members of the Board shall receive compensation and allowances comparable to that being received by the chairman and members of existing regulatory boards under the Commission as provided for in the annual General Appropriations Act.
Sec. 9. Compensation and Allowances of the Board.
Any member of the Board may, upon the recommendation of the Commission after due process of law and investigation conducted by the Commission, be suspended or removed by the President from office for cause such as neglect of duty, abuse of power, oppression, incompetence, unprofessional, unethical, immoral or dishonorable conduct, commission or toleration of irregularities in the conduct of examination or tampering of the grades therein, or for any final judgment or conviction of any criminal offense involving moral turpitude by the court after having been given the opportunity to defend himse1fl herself in a proper administrative investigation.
Sec. 10. Suspension and Removal from Office.
The secretary of the Board shall be appointed by the Commission subject to the provisions of existing laws and all records and minutes of the deliberation of proceedings of the Board and other confidential documents shall be kept under the direct custody of the Commission. The Commission shall provide the secretariat and other support services to implement the provisions of this Act.
Sec. 11. Supervision of the Board.
The Board shall, within sixty (60) days after the close of each fiscal year, prepare and submit an annual report to the Commission, giving a detailed account of the proceedings of the Board during the year, recommending measures to be adopted, with the end in view of upgrading and improving the conditions affecting the practice of Dentistry in the Philippines.
Sec. 12. Annual Report.
All applicants for registration for the practice of Dentistry, Dental Hygiene and Dental Technology shall be required to undergo a licensure examination to be given by the Board in such places and dates as the Commission may designate subject to the compliance with the requirements prescribed by the Commission in accordance with Republic Act No. 8981.
Sec. 13. Examination Required.
a) For Dentistry - An applicant for the licensure examination for dentists shall establish to the satisfaction of
the Board, that:
(1) he/she is a citizen of the Philippines, or if a foreigner, must prove that the country of which he/she is a subject or citizen permits Filipino dentists to practice within its territorial jurisdiction on the same basis as the subjects or citizens of such country;
(2) he/she has not been convicted of an offense involving moral turpitude;
(3) he/she is a graduate of a recognized and legally constituted university, college, school or institute with a degree of doctor of dental medicine or its equivalent; and
(4) he/she has completed the refresher course required after failing three consecutive licensure examinations.
Sec. 14. Qualification for Admission to the Licensure Examination. -
In order to be admitted to the licensure examination for dental hygienists, an applicant must at the time of filing his application thereof, establish to the satisfaction of the Board, that:
(1) he/she is a citizen of the Philippines;
(2) he/she possesses good moral character;
(3) he/she had finished the two years certificate in dental hygiene conferred by a recognized and legally constituted college, or school of dentistry registered with the TESDA; and
(4) he/she has completed the refresher course required after failing three consecutive licensure examinations.
For Dental Hygiene
(1) he/she is a citizen of the Philippines;
(2) he/she possesses good moral character;
(3) he/she had finished, the two years certificate in dental technology conferred by a recognized and legally constituted college, or school of dentistry registered with the TESDA;
(4) he/she has undergone on-the-job training in a registered/accredited dental laboratory for at least six months; and
(5) he/she has completed the refresher course required after failing three consecutive licensure examinations.
For Dental Technology
An examination shall be given to the licensure applicants for dentists, dental hygienists, and dental technologists, which shall include, but not limited to, the following:
Sec. 15. Scope of Examination
The licensure examination shall consist of both written and practical tests and in order to pass the examination, an examinee must obtain a general weighted average of at least seventy-five percent (75%) , with no rating below fifty percent (50%) in any subject.
Sec. 16. Ratings in the Examination
The Board shall submit to the Commission the ratings obtained by each candidate within twenty (20) days after the last day of examination unless extended for just cause.
Sec. 17. Report of the Results of the Examinations
All successful examinees and registrants without examination shall be required to take a professional oath before any member of the Board or any other person authorized by the Commission or by law before they start their practice.
Sec. 18. Oath
certificate of registration shall be issued to examinees who pass the licensure examination for dentistry subject to payment of fees prescribed by the Commission. The certificate of registration shall bear the signature of the chairperson of the Commission and the chairman and members of the Board stamped with the official seal of the Board and the Commission, indicating that the person named therein is entitled to practice the profession with all the benefits and privileges appurtenant thereto. The certificate of registration shall, remain in force and effect until revoked or suspended in accordance with this Act.
Sec. 19. Issuance of the Certificate of Registration and Professional Identification Card.
Every applicant to the licensure examination for dentistry shall pay an examination fee and a registration fee as determined and fixed by the Commission.
Sec. 20. Fees for Examination and Registration.
The Board shall refuse to issue a certificate of registration to any successful examinee or to any examinee registered without examination who has been convicted by a court of competent jurisdiction of any criminal offense involving moral turpitude or has been found guilty of immoral or dishonorable conduct after investigation by the Board, or has been declared to be of unsound mind. The reason for the refusal shall be set forth in writing.
Sec. 21. Refusal to Issue Certificates far Certain Causes.
The Board shall have the power to recommend the nullification or suspension of the validity of the certificate of registration and professional identification card of a dentist, dental technologist and dental hygienist or the cancellation of a temporary/special permit for any of the causes mentioned in the preceding section, or for:
(a) Unprofessional and unethical conduct;
(b) Malpractice;
(c) Incompetence, serious ignorance or negligence in the practice of dentistry, dental hygiene, and dental technology;
(d) Willful destruction or mutilation of a natural tooth of a patient with the deliberate purpose of substituting the same by an unnecessary or unessential artificial tooth;
(e) For making use of fraud, deceitful or false statement to obtain a certificate of registration;
(f) For alcoholism or drug addiction causing him/her to become incompetent to practice dentistry, dental hygiene and dental technology;
(g) For the employment of persons who are not duly authorized to do the work which, under this Act, can only be done by persons who have certificates of registration to practice dentistry, dental hygiene and dental technology in the Philippines;
(h) For the employment of deceit or any form of fraud with the public in general or some clients in particular for the purpose of extending his/her clientele;
(i) For making false advertisements, publishing or circulating fraudulent or deceitful allegations regarding his/her professional attainment, skill or knowledge, or methods of treatment employed by him; and
(j) Utter disregard and continuous violation of any of the provisions of this Act: Provided That the action of the Board in the exercise of this power shall be appealable to the Commission.
Sec. 22. Revocation or Suspension of Certificate of Registration and Professional Identification Card and Cancellation of Temporary/Special Permit
Two years after the date of revocation, the Board may, upon application and for reasons deemed proper and sufficient, reinstate any revoked certificate of registration and reissue a professional identification card; and :in so doing, the Board may, in its discretion, exempt the applicant from taking another examination.
Sec. 23. Reinstatement Reissuance or Replacement of Certificate of Registration and Professional Identification Card.
Certificates of Registration shall not be required of: (a) commissioned dental officers of the army, navy and air force of any foreign country whose operations in the Philippines are permitted by the government while rendering dental service as such for the members of said forces only; and (b) of dentist and oral surgeons from other countries who are invited for consultation, demonstrations, medical missions or under an exchange visitor program as a member of a teaching faculty: Provided, That in such cases their work shall be limited to the specific- task assigned to them, and; Provided, further, That a special permit has been previously granted by the Board and the Commission stating therein the duration of such permit: Provided furthermore, That the Board may designate the accredited professional organization, through its constituent chapters and affiliates, to monitor such activities.
Sec. 24. Issuance of Special/Temporary Permit to Foreigners.
The Board of Dentistry is an
Administrative Agency
Is an organization of government, which affects the rights of
private parties through wither adjudication or rule-making
Administrative agency
The BOD is created by R.A. 9484 to regulate the practice of
dentistry in the Philippines.
Administrative agency
The BOD, under the administrative control and supervision of
the PRC.
Composition (Sec. 5, Art. II)
Appointed by the PRC
Secretary of the board of dentistry
Vacancy in the position of the Chairman of the Board of
Dentistry – the PRC shall select a nominee from among the
incumbent members of the Board of Dentistry for
recommendation to _______
appointment as chairman
______ of the Philippines and a resident thereof;
Natural-born citizen
