Jurisprudence 101.

Jurisprudence 101

Jurisprudence Embraces all the laws enacted by the legislative body of the state, all rules and regulations promulgated by those in authority, court decisions and formal principles upon which laws are based.

Dental Jurisprudence Is the science of systematic study which deals with all the laws, rules and regulations as well as legal principles and doctrines governing and regulating the practice of dentistry.

What to Study Dental Jurisprudence by Asprer Sample PRC Exams
Dental Boards Review Sample Exams

How to Study Understand concepts Memorize on a “need to know basis.”

Need to Know 4 Dental Laws Board of Dental Examiners
Description Date Board of Dental Examiners PD 223 Professional Regulation Commission New Dental Law

Practice of Dentistry in the Philippines
1st Dental Law Act No. 593 January 10, 1903 An Act Regulating the Practice of Dentistry in the Philippines

Board of Dental Examiners
1st Dental Law Act No. 593 Board of Dental Examiners Three member Appointed by Commissioner of Public Health Approved by Board of Health Administrative Jurisdiction by Department of Interior Term of Office: 3 years

1st Dental Law Act No. 593 Board of Dental Examiners Qualifications: Reputable practitioners Dental graduates recognized by National Association of Dental Faculties and Dental Examiners of US Member of Faculty is not eligible

Examination and Registration of Dentists
1st Dental Law Act No. 593 Examination and Registration of Dentists All dentists should register with the Board of Dental Examiners Passed successful examination given by Board established by Provost Marshall General Does not apply to Dental Surgeons from US Army Resident in the Philippines prior to passage of act Cirujanos Ministrantes Examination: January and July Cirujanos Ministrantes – undergraduates of medicine with 4 month course of dentistry  Take exam and can practice in remote towns where no regularly qualified dentists is avialble

Issuance of Certificates
1st Dental Law Act No. 593 Issuance of Certificates Diploma of Dental Medicine or Doctor of Dental Surgery Passed a satisfactory examination before the Board Cirujanos Ministrantes – undergraduates of medicine with 4 month course of dentistry  Take exam and can practice in remote towns where no regularly qualified dentists is avialble

Temporary Certificates
1st Dental Law Act No. 593 Temporary Certificates Two Members can issue temporary certificate. If the Board will not meet within 30 days Any person convicted of any criminal offense Person guilty of immoral or dishonorable conduct Unsound mind Refusal to Issue Certificate Cirujanos Ministrantes – undergraduates of medicine with 4 month course of dentistry  Take exam and can practice in remote towns where no regularly qualified dentists is avialble

2nd Dental Law Act No. 2462 February 5, 1915
“An Act Providing New Regulations for the Examination of Dentists and Practice of Dentistry in the Philippines”

2nd Dental Law Act No. 2462 Board of Dental Examiners Appointed by Director of Health Approved by Secretary of Interior Term of office Appointed every year

2nd Dental Law Act No. 2462 Board of Dental Examiners Qualifications: Reputable dentists practicing in the Philippines Graduates of any reputable college recognized by Insular * Filipinos can be board members

2nd Dental Law Act No. 2462 Examination and Registration of Dentists Examination: January and December Issuance of Certificates Cirujanos Ministrantes – undergraduates of medicine with 4 month course of dentistry  Take exam and can practice in remote towns where no regularly qualified dentists is avialble Diploma of Dental Medicine or Doctor of Dental Surgery 3 year course Passed a satisfactory examination before the Board Good Moral Character

Refusal to Issue Certificate
2nd Dental Law Act No. 2462 Any person convicted of any criminal offense involving moral turpitude Person guilty of immoral or dishonorable conduct Unsound mind Refusal to Issue Certificate Cirujanos Ministrantes – undergraduates of medicine with 4 month course of dentistry  Take exam and can practice in remote towns where no regularly qualified dentists is avialble

No provision for Cirujiano Ministrante
2nd Dental Law Act No. 2462 No provision for Cirujiano Ministrante Granted better privileges to undergraduates Undergraduate with 3 yrs of dental practice Undergraduate with less than 3 years of practice Undergraduate with less than 3 yrs of practice but passed a post graduate course 3 years of dental practice

“ The Revised Dental Law”
3rd Dental Law Act No. 2711 March 10, 1917 “ The Revised Dental Law”

2nd Dental Law Act No. 2462 Board of Dental Examiners Qualifications Reputable practicing dentists Graduates of reputable colleges No dentist was eligible for appointment who was a member of faculty of any school, college, university where any branch of odontology was taught or who had any percuniary interest in such institution

Examination and Registration
2nd Dental Law Act No. 2462 Examination and Registration Reciprocity Provision No foreign dentist was to be admitted to an examination unless the country of which he was a citizen permitted Filipinos to practice

Examination and Registration
2nd Dental Law Act No. 2462 Examination and Registration Qualifications Addition of cultural subjects Increase from three year course to four year course All candidate should be at least 21 years old Issuance of Certificates Before UP – 4 years DDM Other universities – 3 years DDS

4th Dental Law Act No. 417 June 18, 1949 Changes
More powers granted to the Board The qualification increased from one year to three years Compensation no longer necessary to practice dentistry

4th Dental Law Act No. 417 Board of Dental Examiners Appointed by President of the Philippines Upon recommendation of Commissioner of Civil Service (Executive Officer of the Board) Term 3 years

4th Dental Law Act No. 417 Board of Dental Examiners Duties: Administer oath to successful candidates To issue or reissue certificates of registration To suspend or revoke certificates To investigate violation of this act To compel attendance of violators and witnesses To inspect dental schools To promulgate necessary rules and regulations To set professional standards To look from time to time into conditions affecting dental practice To discharge other necessary duties

4th Dental Law Act No. 417 Board of Dental Examiners Qualifications: Citizen and Resident of Philippines Holder of DDM or DDS At least 30 yrs of age Registered Dentist At least 10 years of practice Not be a member of any school, college or university Be of recognized standing in profession Be academically and morally fully qualified by prof. org.

4th Dental Law Act No. 417 Examination and Registration of Dentists Considered dental practice even without compensation Examination: June and December

4th Dental Law Act No. 417 Examination and Registration of Dentists QUALIFICATION Two year pre-dental course Scope of Examination Practical and Written Examination Refusal to Issue Certificates Person convicted by court of any criminal offense involving moral turpitude Person guilty of immoral or dishonorable conduct Of unsound mind Communicable or contagious disease

RA 4419 The Philippine Act of 1965
“ An Act to Regulate the Practice of Dentistry in the Philippines” (June 19, 1965)

Objectives: Regulation, control, and supervision of practice of dentistry in the Philippines Giving of licensure examinations Regulation and stipulation of dental education Promotion and development of dental research Stipulation of penalties

Implementation Board of Dental Examiners  Board of Dentistry Council of Dental Education Council of Advancement of Dental Research

Board of Dentistry Composition Three members Five Members Appointed by the President of the Philippines Certified by the PDA and or other dental assoc. Recommended by constituent chapter societies. Confirmed by Commission on Appointments Term: 5 years Member serving the last year shall be Chairman of the Board

Presidential Decree 223 Amended RA Act of 1965 PRC shall submit and recommend to the President of the Philippines nominees for appointment. Presidential Decree 223 June 22, 1973 Three-man commission Term of nine years

Board of Dentistry QUALIFICATIONS Natural born citizen Duly Registered Citizen At least 10 years practice Not a member of the faculty of any school Not connected in any capacity with any business enterprise Member of good standing of the Philippine Dental Assoc for the last 5 years

Quo Warranto Is a writ of which the government begins its action to recover an office or franchise from the person or corporation in possession of it Other ways: Expiration of term of office Resignation Abandonment of office Death Abolition of office Forfeiture by operation of some provision of law

Definition of Terms Summon Notice to respondent that an action has been commenced against him Requires him to answer within a specified time

Definition of Terms Subpoena Process directed to a person requiring him to attend and testify at the hearing or trial of an action Subpoena duces tecum Things a person needed to bring with him under his control

Examination and Registration Added Prerequisite for practice of dentistry A certificate of registration Permanent residency in the Phil for at least 3 yrs. Persons Excluded from Practice of Dentistry Artisans or Technicians Dental Students Dental Hygienist

Examination and Registration Exemption from Registration Commissioned dental officers of army, navy and air forces of any foreign country rendering dental services to member of forces only Dental surgeons from other countries invited for demo or consultation not exceeding 30 days

Examination and Registration Qualifications for admission to examination Citizen of the Philippines Good Moral Character At least 2 yrs pre-dentistry course Holder of DMD or DDS Included in the list of certified list of graduates

1st 2nd 3rd 4th Appointed by Commissioner Of Public Health
President of the Philippines Director of Health recommendation of Commissioner of Civil Service (Executive Officer of the Board) Approved Board of Health Secretary of Interior Addition of cultural subjects Increase from three year course to four year course Applicant should be at least 21 yrs old Term of Office 3 years Foreigners Filipinos Date of Examination: June and December Cirujanos Ministrades Better provisions for undergraduate 2 year pre-dental course January and December Practice without compensation

The New Dental Law Philippine Dental Act of 2007
RA 9484 An Act to regulate the practice of Dentistry, Dental Hygiene and Dental Technology

Philippine Dental Act of 2007
Repeals RA4419 and RA 768 RA 4419 / Philippine Dental Act of 1965 Act to regulate the practice of dentistry in the Philippines RA 768 Act to regulate the practice of dental hygienists in the Philippines

RA 9484 OBJECTIVES Regulation control and supervision of the practice of dentistry, dental hygiene and dental technology in the Philippines Accreditation of various specialties of dentistry Promotion and Development of continuing education Enforcement of Code of Ethics and Code of Dental Practice

RA 9484 DEFINITION AND SCOPE OF PRACTICE Dental Hygienist
Holder of a valid certificate of registration and professional identification card Undergone a TWO year course in dental hygiene from a govt recognized school under a college of dentistry Passed the prescribed board examination for dental hygienist

RA 9484 DEFINITION AND SCOPE OF PRACTICE Dental Technician
Holder of valid certificate of registration and professional identification card Renders technical services under supervision of a licensed dentist Finished a TWO year certificate course in dental technology from any govt recognized school

RA 9484 PROFESSIONAL REGULATORY BOARD OF DENTISTRY
Appointed by the President f the Philippines Recommended and ranked by PRC Nominated by accredited and professional organization

Powers and Function of the Board
Promulgate, administer and enforce rules and regulations necessary for carrying out the provisions of this act. *** 4419 created 3 agencies to implement the act: Board of Dental Examiners Council on Dental Education Council on Advancement of Dental Research *** No need for approval from Commissioner of Civil Service

Administer oaths in connection with the administration of the act Study the conditions affecting the practice of dentistry, dental hygiene and dental technology in the Philippines Adopt or recommend such measures or discharge such duties as may deemed proper for the advancement of the profession and the vigorous enforcement of this act

Ensure that all educational institutions offering dentistry, dental hygiene, and dental technology comply with the policies, standards and requirement of the course prescribed by CHED or TESDA in areas of curriculum, library and facilities *** In coordination with CHED and TESDA ***TESDA (Technical Education and Skills Development Authority)

Supervise, regulate the registration, licensure and practice of dentistry, dental hygiene and dental technology in the Philippines. Adopt an official seal of the Board Issue, reinstate or revoke certificate of registration and professional identification card or cancel special permits for the practice of dentistry, dental hygiene and dental technology

Prescribe and adopt a Code of Ethics and a Code of Dental Practice for the practice of dentistry, dental hygiene and dental technology

Prescribe guidelines and criteria in the Continuing Education (CPE) Program for dentistry, dental hygiene and dental technology *** 4419 – no regulations on CPE Program

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 appearance of witnesses and the production of documents in connection therewith.

Accredit various specialties, dental societies/ organizations

Qualification of Members of the Board
Natural born citizen and resident of Philippines Duly registered dentist in Phil. With valid registration and professional card Be a member of good standing of the accredited professional organization for last 5yrs Member of Board may not qualify in any position or serve as officer during her incumbency At least 10 yrs. as dentist and preferably with 3 yrs teaching experience Not a faculty of any school, college or university Not connected in any capacity with any business enterprise

Tenure of Office From 5 years to 3 years
May be reappointed for another term All appointments as chairman should be approved by President.

Licensure and Registration
Dentistry Completed a refresher course after failing 3 consecutive licensure exams. Foreigners with foreign reciprocity Graduate of recognized university with degree of doctor of dental medicine or its equivalent

Dental Hygiene Completed a refresher course after failing 3 consecutive licensure exams. Finished 2-year certificate in dental hygiene with college registered with TESDA

Dental Technology Completed a refresher course after failing 3 consecutive licensure exams. Finished 2-year certificate in dental technology with college registered with TESDA Undergone on the job training in registered dental laboratory for at least 6 months

Rating and Report in Results in Examinations Obtain a general weighted average of: At least 75% with no rating With no rating below 50% in any subject Board to submit commission the ratings within 20 days after last day of examination

OATH Successful examinees or registrants shall be REQUIRED to take a professional oath before any member before they start their practice *** 4419 – no registrant under 21 yrs old shall be issued a certificate. New law has no provisions.

Registration w/o Examination for Dental Hygienists and Technologists
Person who possesses equivalent qualifications for MAY BE REGISTERED WITHOUT EXAMINATION Provided the applicants FILES with the Board within 3 years after effectivity of the act.

Registration w/o Examination for Dental Hygienists and Technologists
Submit credentials: Certificate in dental hygiene or technology by recognized institution Had at least 3 years of actual experience as dental hygienist and technician in licensed dental clinic or laboratory OR Practicing as dental hygienist or technologist for at least 5 years in licensed dental laboratory or clinic Attended a training course given by institution accredited by TESDA

Continuing Professional Education
Implementation: PRC Board in collaboration with accredited professional organization With guidelines of the Continuing Professional Education Council of the Commission Exemption: May be applied at age 65.

Integration Dentists, dental hygienists and technologists will be integrated into 1 national organization Organization will be recognized by the Board as the one and only integrated association in which ALL dentists, dental hygienists and technologists belong. Registration with Board shall automatically become a member of national organization.

Roster of Dentists, Hygienists and Technologists
Board with APO shall maintain a roster of name, residences and addresses of dentists, hygienists, and technologists Make this roster available to public upon request.

Definition of Terms

Definition of Terms It is the general law of the land, a law which hears before it condemns, which proceeds upon inquiry and renders judgement only after trial Due Process of Law Constitution Law Administrative Law Criminal Law

Definition of Terms The person accused in court of having committed a crime is called Plaintiff Witness Respondent Complainant

Definition of Terms The person who initiates a lawsuit against another is called the: Respondent Plaintiff Defendant Accused

Definition of Terms A person called to appear before a court or investigation to ascertain the truth of events or authenticity of documents brought before tribunal through his testimony Accused Accuser Complainant Witness

Definition of Terms A notice to the respondent that an action has been commenced against him requiring him to answer within a specific time and informing him of the date and time of the investigation. It shall be served to the accused within 5 days from filling of the complaint Summons Subpoena Duces Tecum Search Arrest Subpoena

Definition of Terms When the court orders a person to appear during a hearing to act as witness, it will issue an order called Warrant of Arrest Summons Subpoena Duces Tecum Subpoena

Definition of Terms An order issued when the court requires the dentist to testify and bring also the patient’s record for the hearing Warrant of Arrest Summons Subpoena Duces Tecum Subpoena

Definition of Terms If the Board refuses to admit to the licensure examination an applicant who has all the qualifications for admission and none of the disqualifications and refusal is due to whimsical reasons, what judicial remedy will compel the Board to issue the certificate? Prohibition Injunction Certiorari Mandamus

Definition of Terms It is a writ by which the govt begins its action to recover an office or franchise from a person/corporation in possession of it. Petition for Review Quo Warranto Mandamus Injunction

Definition of Terms It is a writ or order requiring a person to refrain from a particular act or requires the performance of a particular act. Mandamus Prohibition Injunction Certiorari

Definition of Terms A preventive remedy, to refrain the doing of some act about to be done and not intended to provide a remedy for acts already accomplished Mandamus Prohibition Injunction Certiorari

Definition of Terms A writ or order issued from a superior court to an inferior court commanding the latter to send up the record of a particular case where a question of jurisdiction of the same or irregularity of its proceeding is raised Mandamus Prohibition Injunction Certiorari

Definition of Terms A person who with knowledge of the criminal intent,, cooperates by previous or simultaneous acts by supplying material or moral aid in the execution of the offense also known as “accessory before the fact.” Conspirator Witness Principal Accomplice

Definition of Terms A person who may either participate directly or by direct force/inducement or by indispensable cooperation in a crime is called: Conspirator Witness Principal Accomplice

Definition of Terms A person who having knowledge of the commission of the crime and without having participated therein take part subsequent to or following its commission: Principal Accessory Eye Witness Accomplice

Definition of Terms A crime done by a group of persons who all cooperate to perform a crime is called Accomplice Accessory Conspiracy Principal

Definition of Terms The burden of proof to prove negligence by the dentist is on the Patient Dentist himself Patient and Dentist Dentist’s Lawyer

Definition of Terms It is a failure to observe and apply for the protection of the interest of another person, a proper degree of diligence, judgment, skill and care to a dental procedure in accordance with contemporary dental practice. Neglect of Duty Negligence Moral Turpitude Incompetency

Definition of Terms A person who is professionally acquainted with the science of practice in question or one who is conversant in the subject matter on questions of science, skill, and trade. Principal Ordinary Witness Expert Witness Accessory

Definition of Terms Act is so obviously due to negligence that expert testimony is no longer needed. Also known as Common Knowledge Doctrine or The Thing Speaks for Itself Res Ipsa Loquitor Quasi-Contract Felony Immoral Conduct

Definition of Terms It is a meeting of the minds between two persons whereby one binds himself with respect to the othe, to give something or to render some service Contract Compensation Obligation Duty

Definition of Terms Dentist agrees to make a denture for his patient for P20,000 upon delivery. This is an example of: An implied contract A voidable contract An expressed contract A void contract

Definition of Terms It is a defamation committed by means of writing, printing, lithography, engraving, radio, phonograph, painting, or theatrical or cinematographic exhibition or any similar means Slander Libel Imprudence Testimony

Definition of Terms Oral defamation or intentionally defaming someone orally is known as Slander Libel Imprudence Testimony

Definition of Terms A dentist who forcibly administer gas and extracts teeth without the consent of the patient who has been sent by a fellow practitioner simply for an x-ray exam shall be held liable for: Negligence Unprofessional Conduct Technical Assault Illegal Practice

Illegal Practice Criminal offense committed by a person not necessarily dentist or by a dentist in practicing the profession without first being authorized in accordance with the Dental Act

Acts constituting Illegal Practice
Person practicing without a certificate of registration Artisans Charlatans Spiritistas Dental Technicians Undergraduates of dentistry Underboard persons Foreigners not covered by reciprocity agreements Dentists with licenses suspended or revoked Person practicing not lawfully authorized

Any person presenting as his own the certificate of registration of another Principals Accomplices Accessories

Any person who shall give any false or forged evidence to the Board in obtaining a certificate of registration. Any person who shall impersonate any registrant of like or different name Any person who shall use a revoked or suspended certificate or registration Any person who shall use or advertise a title or degree without having been conferred by a university

Malpractice Act involving ignorance, negligence, unskillfullness or moral turpitude resulting in some injury to the patient. Makes dentist or doctor criminally liable.

Malpractice Essential Elements of Malpractice
Failure on part of the dentist to properly perform his duty due to his ignorance, negligence, unskillfullness or moral depravity Injury to the patient resulting from the said improper performance of the duties by the dentist

Malpractice Vs Illegal Practice
Done by duly licensed professional Res Ipsa loquitor (The thing speaks itself) Plaintiff who seeks to recover damages  burden of proof in showing negligence of defendant Committed by a person who practices the profession without the professional license issued by proper authorities

Negligence Omission to do something which a reasonable man would do or the doing something which a prudent and reasonable man would not do. Failure to apply a proper degree of diligence, judgement, skill and care.

Jurisprudence 101.

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