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RA9484 Flashcards

1
Q

“AN ACT TO REGULATE THE PRACTICE OF DENTISTRY IN THE PHILIPPINES, AND FOR OTHER PURPOSES”

A

RA 4419

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2
Q

RA 4419

A

“AN ACT TO REGULATE THE PRACTICE OF DENTISTRY IN THE PHILIPPINES, AND FOR OTHER PURPOSES”

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3
Q

“AN ACT TO REGULATE THE PRACTICE OF DENTAL HYGIENISTS IN THE PHILIPPINES, AND FOR OTHER PURPOSES”

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RA 768

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4
Q

ARTICLE I

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TITLE, STATEMENT OF POLICY, OBJECTIVES, AND SCOPE OF PRACTICE

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4
Q

This Act shall be known as “The Philippine Dental Act of 2007”

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Section 1. Title.

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4
Q

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.

A

Sec. 2. Statement of Policy

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5
Q

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.

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Sec. 3. Objectives.

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5
Q

(a) Dentist - refers to a person who is a holder of a valid certificate of registration and professional identification card in Dentistry who renders dental service

(b) 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.

(c) Dental Technologist - 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.

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Sec. 4. Definition and Scope of Practice

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6
Q

ARTICLE II

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THE PROFESSIONAL REGULATORY BOARD OF DENTISTRY

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7
Q

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.

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Sec. 5. Composition of the Board.

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8
Q

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.

A

Sec. 6. Powers and Functions of the Board

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9
Q

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.

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Sec. 7. Qualification of the Chairman and Members of the Board

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10
Q

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

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Sec. 8. Term of Office

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11
Q

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.

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Sec. 9. Compensation and Allowances of the Board

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12
Q

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.

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Sec. 10. Suspension and Removal from Office

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13
Q

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.

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Sec. 11. Supervision of the Board

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14
Q

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.

A

Sec. 12. Annual Report.

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15
Q

ARTICLE III

A

LICENSURE EXAMINATION AND REGISTRATION

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16
Q

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.

A

Sec. 13. Examination Required

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17
Q

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.

A

Sec. 14. Qualification for Admission to the Licensure Examination

18
Q

(a) For Dentists - General anatomy, oral anatomy, general and microscopic anatomy and embryology, general and oral physiology, general and oral pathology, pharmacology, microbiology, nutrition, dental materials, restorative dentistry, prosthodontics, orthodontics, pedodontics, pediatric dentistry, oral physiology, anesthesiology, oral diagnosis and treatment planning, endodontics, periodontics, roentgenology, oral surgery, dental jurisprudence and ethics, community dentistry and practice management.

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Sec. 15. Scope of Examination

19
Q

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.

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Sec. 16. Ratings in the Examinations

20
Q

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.

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Sec. 17. Report of the Results of the Examinations

21
Q

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.

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Sec. 18. Oath.

22
Q

A 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.

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Sec. 19. Issuance of the Certificate of Registration and Professional Identification Card.

23
Q

Every applicant to the licensure examination for dentistry shall pay an examination fee and a registration fee as determined and fixed by the Commission.

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Sec. 20. Fees for Examination and Registration

24
Q

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.

A

Sec. 21. Refusal to Issue Certificates far Certain Causes

25
Q

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;

A

Sec. 22. Revocation or Suspension of Certificate of Registration and Professional Identification Card and Cancellation of Temporary/Special Permit.

26
Q

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.

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Sec. 23. Reinstatement Reissuance or Replacement of Certificate of Registration and Professional Identification Card.

27
Q

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.

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Sec. 24. Issuance of Special/Temporary Permit to Foreigners.

28
Q

ARTICLE IV

A

PRACTICE OF DENTISTRY, DENTAL HYGIENE AND DENTAL TECHNOLOGY

29
Q

The Board shall adopt and promulgate the Code of Ethics and Code of Dental Practice of dentists, dental hygienists and dental technologists prescribed and issued by the accredited professional organization of dentists.

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Sec. 25. Code of Ethics and Code of Dental Practice for Dentists

30
Q

All dentists and dental hygienists registered at the time this law takes effect shall automatically be registered under the provisions hereof, subject however to the provisions herein set forth as to future requirements. Certificates of registration held by such persons in good standing shall have the same force and effect as though issued after the passage of this Act.

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Sec. 26. Vested Rights

31
Q

(a) Had been given a certificate in dental hygiene or dental technology by a duly recognized college, school or institution and had at least three years actual experience as dental hygienist or dental technologist in an accredited or licensed dental clinic or laboratory; or

(b) Had been practicing as a dental hygienist or dental technologist for at least five years in a licensed dental laboratory or clinic under the supervision of a dentist and had attended a training course given by an accredited school or institutiOI1 accredited and certified by TESDA.

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Sec. 27. Registration Without Examination for Dental Hygienists and Dental Technologists

32
Q

Every registered practicing dentist, dental hygienist and dental technologist shall display in a conspicuous place in the building or office where he/she practices, his/her name and his/ her certificate or registration in plain sight of patients who enter the dental office, or dental clinic or dental laboratory. In the case where the dentist has more than one clinic, the original certificate of registration should be displayed in his/ her main office or clinic, and he/she shall display a copy of his/her certified original certificate of registration in the other branch or branches of his/her practice. Any owner or proprietor of a dental office or establishment shall display the certificates of registration of each and everyone of such persons in the same manner as hereinafter provided.

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Sec. 28. Display of Name and Certificate of Registration

33
Q

The PRC Board in collaboration with the accredited professional organization (APO) , shall implement the continuing professional education among practicing dentists, dental hygienists and dental technologists in consonance with the guidelines of the Continuing Professional Education (CPE) council of the Commission. Exemption from the CPE program may be applied for upon reaching the age of sixty-five (65) .

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Sec. 29. Continuing Professional Education.

34
Q

All registered dentists, dental hygienists and dental technologists shall be integrated into one national organization which shall be recognized by the Board and accredited by the Commission as the one and only accredited integrated association to which all dentists, dental hygienists and dental technologists shall belong. Henceforth, all dentists, dental hygienists and dental technologists to be registered with the Board shall automatically become a member of the accredited integrated professional organization upon payment of required fees and dues. Membership in the accredited and integrated national organization of dentists, dental hygienists and dental technologists shall not be a bar to membership in other associations of dentists, dental hygienists and dental technologists.

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Sec. 30. Integration of Dentists, Dental Hygienists and Dental Technologists.

35
Q

Unless the country of which he/she is a subject or citizen specifically permits Filipino dentists to practice within its territorial limits on the same basis as the subject or citizens of such foreign state or country under reciprocity and under international agreements, no foreigner shall be admitted to the examination and be given a certificate of registration to practice as a dentist and be entitled to any of the privileges under this Act.

Sec. 32. Roster of Dentists, Dental Hygienists

A

Sec. 31. Foreign Reciprocity

36
Q

The Board, in coordination with the accredited professional organization (APO) , shall maintain a roster of the name, residences and of the addresses of all registered dentists, dental hygienists and dental technologists and shall make this roster available to the public upon request.

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Sec. 32. Roster of Dentists, Dental Hygienists and Dental Technologists

37
Q

ARTICLE V

A

PENAL PROVISION AND ENFORCEMENT OF THE ACT

38
Q

The following, shall be punished by a fine of not less than Two hundred thousand pesos (P200,000.00) nor more than Five hundred thousand pesos (P500,000.00) or to suffer imprisonment for a period of not less than two years and one day nor more than five years, or both, in the discretion of the court

A

Sec. 33. Penal Provision

39
Q

It shall be the duty of all constituted officers of the law of the national, provincial, city, municipal or barangay level of the government, to enforce the provisions of this Act as well as the rules and regulations pertinent thereto, and to prosecute any person violating the same. The Secretary of Justice shall act as the legal adviser of the Board and the Commission and shall render such legal assistance as may be necessary in carrying out the provisions of this Act.

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Sec. 34. Enforcement of this Act.

40
Q

ARTICLE VI

A

MISCELLANEOUS PROVISIONS

41
Q

The Chairperson of the Professional Regulation Commission shall immediately include in the Commission’s programs the implementation of this Act, the funding of which shall be included in the Annual General Appropriations Act.

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Sec. 35. Funding Provision

42
Q

The existing Board shall continue to function in the interim until such time that the new Professional Regulatory Board of Dentistry shall be constituted pursuant to this Act.

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Sec. 36. Transitory Provision

43
Q

The Board, in coordination with the accredited professional organization and with the approval of the Commission, shall promulgate, adopt and implement such rules and regulations to carry out the provisions of this Act.

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Sec. 37. Implementing Rules and Regulations.

44
Q

If any section or provision of this Act shall be declared invalid or unconstitutional, such shall not invalidate any other section or provision of this Act.

A

Sec. 38. Separability Clause

45
Q

Republic Act No. 4419 and Republic Act No. 768, are hereby repealed. All other laws or portions thereof, orders, ordinances, or rules and regulations in conflict with the provisions of this Act as pertain to the practice of dentistry shall be, and are hereby repealed.

A

Sec. 39. Repealing Clause.

46
Q

This Act shall take effect following its publication in the Official Gazette or in any newspaper of general circulation.

A

Sec. 40. Effectivity

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