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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.

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Jurisprudence 101

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  1. Jurisprudence 101

  2. 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.

  3. 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.

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

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

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

  7. 1st Dental Law Act No. 593 January 10, 1903 An Act Regulating the Practice of Dentistry in the Philippines

  8. 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

  9. 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

  10. 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

  11. 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

  12. 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

  13. 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”

  14. 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

  15. 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

  16. 2nd Dental Law Act No. 2462 Examination and Registration of Dentists • Examination: January and December Issuance of Certificates • Diploma of Dental Medicine or Doctor of Dental Surgery 3 year course • Passed a satisfactory examination before the Board • Good Moral Character

  17. 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

  18. 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

  19. 3rd Dental Law Act No. 2711 March 10, 1917 “ The Revised Dental Law”

  20. 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

  21. 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

  22. 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

  23. 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

  24. 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

  25. 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

  26. 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.

  27. 4th Dental Law Act No. 417 Examination and Registration of Dentists • Considered dental practice even without compensation • Examination: June and December

  28. 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

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

  30. RA 4419 The Philippine Act of 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

  31. RA 4419 The Philippine Act of 1965 Implementation • Board of Dental Examiners  Board of Dentistry • Council of Dental Education • Council of Advancement of Dental Research

  32. RA 4419 The Philippine Act of 1965 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

  33. RA 4419 The Philippine Act of 1965 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

  34. RA 4419 The Philippine Act of 1965 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

  35. RA 4419 The Philippine Act of 1965 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

  36. RA 4419 The Philippine Act of 1965 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

  37. RA 4419 The Philippine Act of 1965 Definition of Terms Summon • Notice to respondent that an action has been commenced against him • Requires him to answer within a specified time

  38. RA 4419 The Philippine Act of 1965 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

  39. RA 4419 The Philippine Act of 1965 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

  40. RA 4419 The Philippine Act of 1965 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

  41. RA 4419 The Philippine Act of 1965 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

  42. The New Dental LawPhilippine Dental Act of 2007 RA 9484 An Act to regulate the practice of Dentistry, Dental Hygiene and Dental Technology

  43. 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

  44. 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

  45. 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

  46. 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

  47. 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

  48. 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

  49. Powers and Function of the Board • 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

  50. Powers and Function of the Board • 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)

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