j Flashcards by rob luna

The systematic study of all laws, rules and regulations, as well as legal principles and doctrines, governing and regulating dental practice is called ___________
a. Dental Ethics
b. Jurisprudence
c. Republic Act No 4419
d. Dental Jurisprudence

d. Dental Jurisprudence

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_______ is the legal standard
a. Dental ethics
b. Legal rights
c. Ethics
d. Morals
e. Law

e. Law

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This term refers to a moral power residing in a person of doing, possessing or requiring something, which all other person are bound to respect.
a. Right
b. Ethics
c. Morals
d. Law

a. Right

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These are the rights which the possessor holds as against the community to refrain from disturbing, they are rights to life, liberty and property.The right to practice dentistry is an example.
a. Judicial rights
b. Rights in personam
c. Constitutional rights
d. Rights in Rem

d. rights in rem

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A dentist did RCT on a patient. The patient owes the dentist payment for the services rendered. This is:
a. Right in rem
b. Right in personam
c. Statutory right
d. Obligation

b. Right in personam

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______ is adhering to conventionally accepted standards of conduct
a. Dental ethics
b. Legal rights
c. Ethics
d. Morals
e. Law

d. Morals

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7. It is the law making body of
the Philippine government which enacts, repeals 
 or amends the law. 
a. Legislative Branch
b. Executive Branch
c. Judiciary Branch
d. None of these

a. Legislative Branch

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The law which hears before it condemns is
a. Code of ethics
b. Public right
c. Due process
d. Jurisprudence

c. Due process

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The inherent power of the state
a. Taxation
b. Eminent domain
c. Police power
d. All of the above

d. All of the above

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10.The right of the state to regulate the practice of Dentistry is based on
a. Taxation
b. Eminent domain
c. Police power
d. Judicial
power

c. police power

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Nobody shall enrich himself at the expense of others
a. Salus populi suprema lex est
b. Ignorantia non excusat
c. Res ipsa loquitor
d. Sic utere tuo ut alienum non laedas

d. Sic utere tuo ut alienum non laedas

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12. The welfare of the people is considered in making
laws
a. Salus populi suprema lex est
b. Ignorantia non excusat
c. Res ipsa loquitor
d. Sic utere tuo ut alienum non laedas

a. Salus populi suprema lex est

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13. The second dental law in the Philippines passed on
Feb. 5, 1915
a. Act 2276
b. Act 2462
c. Act 2381
d. Act 2227

a. Act 2276

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14. What Law was the 2-‐year Pre-‐dentistry course
added?
a. R.A. 9484
b. R.A. 417
c. R.A. 4419
d. Act 2227

b. R.A. 417

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What is the 4th dental law?
a. R.A. 593
b. R.A. 417
c. R.A. 2462
d. R.A. 9484

b. R.A. 417

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The dental law implemented for more than 40 years
a. R.A. 2711
b. R.A. 417
c. R.A. 2462
d. R.A. 4419

d. R.A. 4419

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1st comprehensive compilation of all dental laws
a. R.A. 2711
b. R.A. 417
c. R.A. 2462
d. R.A. 4419

a. R.A. 2711

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3 agencies created under RA 4419 except:
a. The Board of Dentistry
b. Council on Dental Education
c. Council for the Advancement of Dental Research
d. Council of Deans

d. Council of Deans

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Act lengthening DDM course to 4 years
a. RA 3538
b. RA 480
c. RA 481
d. 239

a. RA 3538

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What law provided the creation of the Advancement of Dental Research?
a. RA 4419
b. RA 6675
c. RA 417
d. RA 1191

a. RA 4419

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This means that a new law is being implemented rendering the previous law null and void
a. Repeal
b. Amend
c. Supplement

a. Repeal

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22. The PhilippineDental Act of 2007 was
enacted on
a. June 5, 2007
b. June 2, 2007
c. June 19, 2007
d. June 18, 2007

b. June 2, 2007

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A duly licensed Dentist must pay his/her
a. Professional tax
b. Registration fee
c. Both
d. NOTA

c. Both

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The professional tax receipt shall be payable annually on or before:
a. April 15
b. January 31
c. January 15
d. 1st 20 days of January

b. January 31

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25. Who is engaged in the practice of dentistry? a. Dental hygienist b. Dental technician c. Dental students d. All of these e. None of these

e. None of these

26. Before an applicant is issued a Certificate of Registration, he must beat least a. 20 years old b. 21 years old c. 18 years old d. 25 years old

b. 21 years old

27. Can a foreigner who is a dentist be allowed to practice here? a. Not possible b. No, he is not registered c. When the country of origin has reciprocity d. Yes, duly practicing professional

c. When the country of origin has reciprocity

``` 28. Who could revoke or suspend a certificate of registration? a. PRC b. Court of Justice c. CHED d. All of these ```

a. PRC

29. The candidates for the Board of Dentistry are nominated by: a. Commission on Appointments b. President of the Philippines c. Professional Regulation Commission d. PDA or an other bonafide dental association

d. PDA or an other bonafide dental association

30. Dental hygienist within the meaning of the law is understood to be a. One working in his/her own clinic b. One who is a registered professional c. One working under the supervision of registered dentist d. One who is a registered dentist

c. One working under the supervision of registered dentist

31. Which regulatory body is responsible for the accreditation of dental schools a. Board of Dentistry b. CHED c. Council of Deans and Dental Colleges d. DepEd

b. CHED

32. Accdg to RA 9484, members of the Board of Dentistry will serve for a term of a. 5 yrs without reappointment b. 5 yrs with re-‐appointment c. 3 yrs without appointment d. 3 yrs with re-‐appointment

d. 3 yrs with re-‐appointment

33. The Board may refuse to issue certificates of registration to: a. Immoral or dishonorable conduct b. All of these c. Conviction of criminal offense involving moral turpitude d. Unsound mind

b. Unsound mind

34. The general supervision over foreigners authorized to practice in our country is done by a. PRC b. A and C c. Board of Dentistry d. None of them

b. A and C

``` 35. Which Section states the Powers and Functions of the Board of Dentistry a. 4 b. 5 c. 6 d. 7 ```

c. 6

``` 36. Which Article and Section states the Objectives of RA 9484 a. I, 3 b. I, 6 c. II, 3 d. II, 6 ```

a. 1, 3

``` 37. All of the ff are the health professional covered under RA 9484 a. Dentist b. Dental hygienist c. Dental assistants d. Dental technologist ```

c. Dental assistants

``` 38. Under what Article can the Revocation of the Certificate for actions ie. Unprofessional conduct and malpractice be found a. I b. II c. III d. IV ```

c. III

39. Under what Article and Section can the Revocation of the Certificate for actions ie. Unprofessional conduct and malpractice be found a. III, 22 b. III, 33 c. V, 22 d. V, 33

a. III, 22

40. A dentist accidentally hit the px’s mucosa with a bur while doing cavity prep, which Art. and Sec. did he violate a. III, 22 b. III, 33 c. V, 22 d. V, 33

a. III, 22

41. Which Sec. states that a dental hygienist or technologist may register without having need to take the exam a. 26 b. 27 c. 28 d. 29

b. 27

42. Which Art. And Sec. states the Continuing Professional Education a. IV, 27 b. IV, 29 c. V, 27 d. V, 29

b. IV, 29

43. Which Art. AndSec. states the Foreign reciprocity rule a. IV, 31 b. IV, 32 c. V, 31 d. V, 32

a. IV, 31

44. Which Article is the Penal Provision stated a. II b. III c. IV d. V

d. V

45. Which Art. And Sec. covers the actions counted as illegal practice of dentistry and the fine to be paid as consequence a. III, 22 b. III, 33 c. V, 22 d. V, 33

d. V, 33

46. What is the title of Article IV a. The Professional Regulatory Board of b. Licensure Exam and Registration c. Practice of Dentistry, dental hygiene and dental technology d. Penal Provision and Enforcement of the Act

c. Practice of Dentistry, dental hygiene and dental technology

47. What do you need to renew your PRC license? a. Continuing Professional Education units b. Certificate of performance rating from employer c. School diploma d. Certificate of good moral character

a. Continuing Professional Education units

48.The president of the PDA endorses a particular dental product for the information of all dental practitioners. Is there any violation? a. Malpractice b. RA 4419 c. RA 417 d. Code of Ethics

d. Code of Ethics

49. Which Section is the Code of Ethics stated a. 23 b. 24 c. 25 d. 26

c. 25

50. Every dentist shall complete a minimum number of continuing dental education units prior to renewal of his professional certificate of registration a. 100 in 2 years b. 300 units in 2 years c. 60 credit units every 3 years d. 300 units in 3 years

c. 60 credit units every 3 years.

``` 51. Instances when a higher fee may be charged, EXCEPT. a. when dentist is a specialist b. when case is difficult c. when patient is rich d. NOTA ```

c. when patient is rich

52. The most important question in malpractice suit is whether the dentist a. Was experienced b. Had an assistant c. Exercised due care d. Has advanced training

c. Exercised due care

53. A person who gives any false or forged evidence to the Board of Dentistry in obtaining a certificate of Registration is guilty of a. Illegal practice b. Malpractice c. Presumption

a. Illegal practice

54. The use of unsterilized instruments renders a dentist liable for malpractice a. under all circumstances b. if the assistant testifies that the instruments were unsterilized c. if the patient was injured as a result of the unsterilized instrument d. if the patient contributes to the negligence

c. if the patient was injured as a result of the unsterilized instrument

55. Intentionally defaming someone in writing is known as a. fraud b. libel c. assault d. slander

b. libel

56. It is the dentist’s dutyto participate in volunteer programs for the delivery of dental health services in underserved and unserved areas a. True b. False

a. true

57. When the offense committed is contrary to justice, honesty, good morals or principles, the crime involves: a. Civil offense b. Moral turpitude c. Criminal offense d. Reckless imprudence

b. Moral turpitude

58. When a dentist has an entire disregard and indifference to consequence for the safety and welfare of others: a. Gross negligence b. Incompetence c. Ignorance d. All of these

a. Gross negligence

59. Dental records are very important because: a. They can identify patients accurately b. They are accepted as evidence. c. They are legally accepted in court d. They minimize dentist’s risk of liability in case something goes wrong during and after treatment procedures.

d. They minimize dentist’s risk of liability in case something goes wrong during and after treatment procedures.

60. When a case is beyond the scope of dentistry, what should the dentists do? a. refer the patient to a dental specialist b. refer the patient to a faith healer c. do nothing since it is beyond his scope d. refer the patient to a physician

d. refer the patient to a physician

61. If the dentist accidentally injured the patient during treatment, what evidences must be presented for acquittal? a. The act was done with due care and with no intention to cause injury b. There was no control of the situation c. There was no malicious intention d. Proceedings is not automatically terminated

a. The act was done with due care and with no intention to cause injury

62. Dental professionals should pursue continuing education because a. Income generating process b. It is the obligation of every dentist c. All of these

c. All of these

63. This term means inadequacy or insufficiency in skill and learning which renders the dentist unfit to serve humanity. a. Ignorance b. Negligence c. Unskillfullness d. Slander

c. Unskillfullness

64. This means to do something which a reasonable man, guided by those considerations which ordinarily regulate human affairs, would do; or it is doing something which a prudent and reasonable man would not do. a. Ignorance b. Negligence c. Unskillfullness d. Slander

b. Negligence

65. A GP dentist referred a patient to a Periodontist for specific treatments; however, the said specialist restored amalgam filling. What should have been done? a. Ask the consent of the patient before doing it b. Call up the GP to inform what has been done c. Refer back the patient for restorations d. All of these

c. Refer back the patient for restorations

66. Crimes involving moral turpitude leading to revocation or suspension of certification or registration a. Forgery b. Publication or defamatory matter c. Embezzlement d. All of these

d. All of these

67. If the injuries shall incapacitate the offended party for labor of ten days or more, or shall require medical attention for the same period, the dentist shall be guilty of: a. Serious Physical Injuries b. Slight Physical Injuries c. Less Serious Physical Injuries d. Homicide

c. Less Serious Physical Injuries

68. A criminal liability consisting of lack off foresight, carelessness, unskillfulness, when the harm is preventable in the exercise of reasonable care, when the danger is visible to the eyes even without use of intelligence a. Serious Physical Injury b. Homicide c. Simple Imprudence d. Reckless Imprudence

d. Reckless Imprudence

69. These are persons who cooperate in execution of the offense by a previous or simultaneous act. a. Accomplice b. Accessories c. Principal d. AOTA

a. Accomplice

70. Defined as a person criminally liable for taking a direct part in executing a criminal act a. Accomplice b. Accessories c. Principal d. AOTA

c. Principal

71. Insanity is an example of a. Mitigating circumstance b. Aggravating circumstance c. Justifying circumstance d. Exempting circumstance

d. Exempting circumstance

72. In considering the liability of a dentist for technical assault, which of the ff is most relevant? a. the patient benefited from the treatment b. the treatment performed was exploratory c. there was no charge for the service d. the patient had no consent for the treatment

d. the patient had no consent for the treatment

73. Damages which include physical suffering, mental anguish, fright, serious anxiety, social humiliation, etc. a. Actual damages b. Moral damages c. Liquidated damages d. Nominal damages

b. Moral damages

74. Act of dishonesty appropriating, usually financial in nature a. Adultery b. Concubinage c. Embezzlement

c. Embezzlement

75. A witness utters false statements or evidence in a trial. He can be charged of a. Forgery b. Slander c. Perjury d. Technical assault

c. Perjury

76. Under the Philippine laws of the Revised Penal Code, the ff are criminally liable except: a. Accessories b. Victim c. Principal d. Accomplice

b. Victim

77. The ff are elements of Obligation except: a. Debtor b. Creditor c. Consent d. Object

c. Consent

78. Classification of Obligation a. Divisible and indivisible b. Joint and solidary c. Alternative d. Pure and conditional e. All of the above

e. All of the above

79. Mylene agreed to pay for her bridgework amounting to Php 6,000, either in cash or in the form of 6 sacks of rice. a. Divisible b. Joint c. Alternative d. Pure

c. Alternative

80. Karen asked her surgeon to operate on her cyst in the jaws. She insisted to pay only when the procedure is successful. The surgeon agreed a. Pure b. Conditional c. Alternative d. Divisible

b. Conditional

81. In this kind of source of obligation, there is no pre-‐existing contractual relationship bet. parties a. culpa contractual b. negotiorum gestio c. culpa aquilina d. solutio indebti

c. culpa aquilina

82. When an agreement of 2 or more persons to do or not to do something which could either be expressed or implied is known as: a. Both consent and contract b. Consent c. Contract d. Obligation

c. Contract

83. Elements of a contract, except a. Consent b. Object c. Cause d. Vinculum e. None of the above

d. Vinculum

84. The periods in the life of a contract are, except a. Preparation b. Perfection c. Consummation d. None of these

c. Consummation

85. A contract that has been complied with the satisfaction of both parties concerned is considered as a. Consummated b. Preparatory c. Perfected contract d. Compulsory

a. Consummated

86. When the stipulations, conditions and covenants expected of a party to a contract are not achieved, there is: a. Implied contract b. Consensual contract c. Perfected contract d. Breach of contract

d. Breach of contract

87. Elements of privileged communication except: a. The information was given by another person b. The info may tend to blacken the character of the patient c. The info is necessary to diagnose and treat

a. The information was given by another person

88. Writ issued from the higher court to the lower to send records of a particular case for review a. Mandamus b. Quo warranto c. Prohibition d. Certoriari

d. Certoriari

89. A notice was issued by the court to the city mayor to answer the complaint filed against him. This is called: a. Subpoena b. Summons c. Order d. Provision

b. Summons

90. What violation of a person if a subpoena is issued to any one failed to comply with court order? a. Guilty of contempt b. Reason for cancellation of certificate of registration c. All of these d. Can be penalized with fine

a. Guilty of contempt

91. A petition for Certoriari is one that: a. Petition the court to command an agency to perform a duty b. Petition the court to review the decision, order or award of an agency c. Petition the court to award an office of franchise d. Petitions the court to prevent an impending injury

b. Petition the court to review the decision, order or award of an agency

92. The principle that states that a case, once tried, CANNOT be retried for the same offense a. Res gestae b. Res judicata c. Res ipsa loquitor d. Stare decisis

b. Res judicata

93. In res ipsa loquitor a. An ordinary layman can prove negligence b. An expert witness must prove negligence c. Substandard care is always present d. A and C e. B and C

d. A and C

94. A GP referred a patient to a periodontist for periodontal surgery. Upon examination, the periodontist opted for NSRP which is more conservative. The periodontist is expected to adjust the service fees according to: a. Doctrine of Quantum merit b. Doctrine of respondeat superior c. Doctrine of contributory negligence

a. Doctrine of Quantum merit

95. RA 8504 repeals the right of a dentist to choose his patients a. True b. False

a. True

96. PD 1575 requires dentists to keep patients’ records a. To compel dentists to employ clerks b. For proper record keeping c. For forensic reasons d. For added administrative work

b. For proper record keeping

97. R.A. 480 provided that dentists who opted to join the AFP shall have a rank of a. Lieutenant colonel b. Second lieutenant c. First lieutenant d. SPO1

c. First lieutenant

98. According to R.A. 6675, the prescriber must ensure that the ff information are accurately written on the prescription, except: a. Generic name of active ingredient b. Manufacturer c. Strength or dose level d. Delivery mode e. Drug metabolism

e. Drug metabolism

99. When will the certificate of registration be suspended for more than one year for the violation of RA 6675? a. 4th conviction b. 1st conviction c. 2nd conviction d. 3rd conviction

a. 4th conviction

100. The Professional Regulation Commission is an agency created under: a. RA 4419 b. PD 223 c. PD 323 d. RA 4491

b. PD 223

–made dentistry a 4 year course

R.A. 3538

– Act to Regulate the Practice of Dental Hygienists in the Philippines and for Other Purposes (1952)

• R.A. 768

– An act to provide free emergency dental treatment for employees and laborers of commercial, industrial and agricultural establishments

• R.A. 239

– Bar and Board exam as Civil Service exams

• R.A. 1080

– Rural Health Law: 1:50,000 | 1 dentist per congressional district

• R.A. 1082

– balikbayans can practice in the Philippines

• P.D. 541

– Dental Lab Reg and Licensure

• P.D. 1542

– Dangerous Drugs Act; repealed by R.A. 9165 (2002)

• P.D. 6425

– Generics Act

• R.A. 6675

– created PRC; June 22, 1973

• P.D. 223

– created a dental corps within the medical service of the AFP

Act. No. 385

* June 10, 1950 | * provided that original appointments in the Dental Corps shall be in the Grade of First Lieutenant

R.A. 480

* Provide for more efficient Dental Care for the personnel of the Armed Forces of the Philippines * For the reorganization of the Medical Service of the AFP so as to provide for the greater autonomy of the dental service

R.A. 481

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

JURISPRUDENCE

All the laws, rules and regulations as well as legal principles and doctrines governing and regulating the practice of dentistry

DENTAL JURISPRUDENCE

• the state confers upon a person and which he can enforce through legal means against those persons of the community who are bound to respect them

Legal Right

- The possessor holds as against the whole community | - Fundamental rights of man

Rights in rem

- The possessor may enforce against particular individuals only - Against a specific person or persons - May arise out of a violation of a right in rem

Rights in personam

- power to promote the public welfare by restraining and regulating the use of liberty and property •

Police Power

- power to acquire private property for public use upon payment of just compensation

Eminent domain

– power to demand and enforce contributions for public purposes

Taxation

• Salus populi suprema lex est

The welfare of the people is the highest law

Sic utere tuo ut alienum non laedas

So use your own so as not to injure that of another

An Act Regulating the Practice of Dentistry in the Philippines -‐ enacted January 10, 1903

1st Dental Law: RA 593

Board of Dental Examiners

3 members • Appointed by Commissioner of Public Health • Approved by Board of Health • Administrative Jurisdiction by Department of Interior • Term of Office: 3 years

Refusal to Issue Certificates | •

Any person convicted of criminal offense • Person guilty of immoral or dishonorable conduct • Unsound mind

Revocation of Certificate

Unprofessional conduct

2nd Dental Law: An Act Providing New Regulations for the Examination of Dentists and Practice of Dentistry in the Philippines -‐ February 5, 1915

RA 2462

3rd Dental Law: The Revised Administrative Code of the Philippine Islands of 1917 -‐ March 10, 1917

RA 2711

-‐ lengthens DDM 3 → 4 years

R.A. 3538

4th Dental Law: An Act to Regulate the Practice of Dentistry in the Philippines and for other purposes -‐ June 18, 1949 - a 2 year PRE-DENTAL COURSE

RA 417

5th Dental Law: The Philippine Dental Act of 1965: An Act to Regulate the Practice of Dentistry in the Philippines June 19, 1965

RA 4419

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

6th Dental Law: Act to Regulate the Practice of Dentistry, Dental Hygiene and Dental Technology -‐ June 2, 2007 -‐ Repealed RA 4419 and RA 768

R.A. 9484 Philippine Dental Act of 2007

Act to regulate the practice of dentistry the Philippines

RA 4419 / Philippine Dental Act of 1965 -‐

‐ Act to regulate the practice of dental hygienists in the Philippines

RA 768

- take a direct part in the execution of the act - directly force or induce others to commit an act - cooperate in the commission of the offense by --- - another act without which it would not have been accomplished

principals

-persons, not considered as principal, cooperate in the execution of the offense by previous or simultaneous acts -relation between the acts with knowledge of the criminal intent •

accomplices

- any person presenting or using as his/her own the certificate of registration and professional ID and special permit of another - the dentist who owns the certificate of registration and who knowingly and willfully allows its use by another, is also guilty - 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 * assumes the name of the real registrant

accessories

-‐ Professional tax receipt will be paid to the

municipal city hall every Jan.31

Income tax | -

paid to the BIR every April 15

- Done by duly licensed professional - 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

-Committed by a person who practices the profession without the professional license issued by proper authorities

Illegal Practice

SLANDER = salita = oral defamation

LIBEL = lapis = written defamation

_Acts or omissions punishable by law

CRIME

- In American/English Law, its the failure to use a reasonable degree of learning, skill and experience - Failure to use best judgment - Resulting to injury - But in the Philippine law, same definition but considered

MALPRACTICE

-committed without intent; crime punishable by Revised Penal Code 

RECKLESS IMPRUDENCE

permanent physical deformities, or patient is incapacitated or required medical attention for 30 days or more

Serious

incapacitated for 10-‐29 days

Less Serious

1-‐9 days of medical attention or none

Slight

- a person who actively participates in the commission of a crime, even though they take no part in the actual criminal offense

Accomplice

-a person who assists in the commission of a crime, but is generally not present at the actual crime

Accessory

-sexual intercourse between a husband and a woman who is not his wife or between a wife and a man who is not her husband

Adultery

a woman living with a man as his lover but is not his wife; a secondary wife

Concubinage

• criminal negligence

Culpa/fault

• any circumstance attending the commission of a crime or tort which DECREASES its guilt or enormity or lessens its injurious consequences, but which is above and beyond the essential constituents of the crime or tort itself

Mitigating Circumstance

• INCREASES guilt or enormity or adds to its injurious consequences

Aggravating Circumstance

* the accused is deemed to have acted in accordance with the law and therefore the act is lawful * no criminal liability, no civil liability

Justifying circumstances

* the accused committed a crime but is not criminally liable | * there is a crime and civil liability but no criminal liability

Exempting Circumstance

* damages wherein only pecuniary loss which have been duly proved are compensated * What they have suffered in terms of cost * Like hospital bills, salary lost due to hospital stay •

Actual Damages

Agreed upon by the parties of a contract to be paid in case of breach

Liquidated Damages

• Damages the court asks you to pay to set an example for others, to discourage them from doing what you did

Exemplary Damages

it is a tie or bond recognized by law by virtue of which one is bound in favor of another to render something and this may consist of giving a thing, doing an act or not doing a certain act • a juridical necessity

Obligations

-not written, one performs an act which binds another by law (legal tie) -Juridical relation resulting from voluntary, lawful and unilateral act Acts or omissions punished by law

Quasi-‐contracts

* Debtor/ passive subject – the one to fulfil something * Creditor/active subject – one who will receive, expects something to be fulfilled * Object/ prestation – what is to be fulfilled * Juridical or legal tie – why obligation exists

Elements of Obligation

- ‐ extra contractual relations causing damage to another - ‐ when they arise from damage caused by another through an act or omission, there being fault or negligence, but no contractual relation exists.

Quasi-‐delicts

source of obligation of a dentist if he accidentally hurt his patient at the course of treatment

Culpa contractual

source of obligation when there is no pre-‐existing contractual relationship between parties

Culpa aquilina

Payment to one of one is not due to him

Solutio indebti

Kind of quasi-‐contract that represents the absentee (proxy)

Negotiorum gestio

• a writ which orders a public agency or government body | to perform an act required by law when it has neglected or refused to do so

Mandamus

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

Summon

Things a person needed to bring with him under his control

Subpoena Duces Tecum

Process directed to a person requiring him to attend and testify at the hearing or trial of an action

Subpoena

writ by which the govt begins its action to recover an office or franchise from a person/corporation in possession of it

Quo warranto

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

Prohibition

* refers to the start-‐to-‐end period of a felony | * “things done”

gestae

* The thing speaks for itself * the elements of duty of care and breach can be sometimes inferred from the very nature of an accident or other outcome, even without direct evidence of how any defendant behaved.

Res ipsa loquitor

* judges are obliged to respect the precedent as established by prior decisions * courts should generally abide by precedents and not disturb settled matters

Stare decisis

The dentist is answerable for the acts of his/her employees

Doctrine of Respondeat Superior

The patient is also the cause of his/her worsened condition

Doctrine of Contributory Negligence

-‐ Act to regulate the practice of dentistry the Philippines ‐

RA 4419 / Philippine Dental Act of 1965

Act to regulate the practice of dental hygienists in the Philippines

RA 768 -

``` DEFINITION AND SCOPE OF PRACTICE 1. Dentist 2. Dental Hygienist 3. Dental Technician 4. General Practitioner • includes ‘routine orthodontic cases’ 5. Specialist • residency or advanced graduate training • university or hospital based ```

Article 1 Sec 4

Statement of Policy, Objectives and Scope of Practice 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

Article 1 ; Sec 3

COMPOSITION OF THE BOARD PROFFESSIONAL REGULATRY BOARD OF DENTISTRY * supervised by the PRC * chairperson and four (4) members * appointed by the President based on recommendees ranked by the PRC

Article II, Sec 5.

POWERS AND FUNCTIONS OF THE BOARD - promulgate, administer and enforce the rules of RA 9484 - issue, reinstate, suspend or revoke certificates of registration - study the conditions affecting the practice of dentistry, dental hygiene and dental technology - adopt or recommend such measures, or discharge such duties, as may be deemed proper for the advancement of the profession - ensure the standards of dental education - policies, resolutions, and rules and regulations issued by the Board is subject to review and approval of the PRC

Article II: Sec 6.

QUALIFICATIONS - natural-‐born Filipino and a resident - a citizen from birth without having to perform any act to acquire or perfect his citizenship - naturalization is an intervening act - actual bodily presence, coupled with the intention to make the place his home - an actual abode with the intention of remaining there - duly registered with a valid certificate of registration and ID - member of good standing of the PDA for the last 5 years, but no position during incumbency

Article II: Sec 7.

TERM OF OFFICE - term of 3 years and may be reappointed - member serving the last year of appointment become the Chairperson - secure continuity and stability - for approval of the President

Article III; Sec 8.

``` . Suspension and Removal • done after due process of the law • given opportunity to defend himself/herself in a proper administrative investigation • suspended or removed by the President • power to appoint and to remove ```

Article II; Sec 10

Licensure Examination and Registration Examination Required • For dentists: given twice a year (May / June & December) • For dental hygiene: June • For dental technologists: December

Article III; Sec 13.

QUALIFICATION OF ADMISSION ``` EX; a. Dentistry • Filipino citizen • with reciprocity, if foreigner B. Dental Technology • Filipino citizen • possesses good moral character ```

Article III; Sec 14

RATINGS IN THE EXAMINATION • The licensure examination shall consist of both written and practical tests and in order to pass the exam, an examinee must obtain a GWA of at least 75% with no rating below 50% in any subject

Article III; Sec 16

REFUSAL TO ISSUE CERTIFICATES * convicted of a criminal offense involving moral turpitude * immoral or dishonorable conduct * unsound mind

Article III; Sec 21

. Revocation or Suspension of Certificate * unprofessional and unethical conduct (Code of Ethics sets the norm) * when character has so degenerated as to render him unfit to be further entrusted with the duties and privileges of his calling, this can be withdrawn

Article III; Sec 22

. Reinstatement, Reissuance or Replacement * apply after 2 years * may exempt the applicant from re-‐taking the licensure examinations * given in a Board resolution subject to the approval of the PRC

Article III; Sec 23

. Special Permit to Foreigners * dental armed forces but must render service to their members * invited specialists * work limited to specific tasks * activities must be monitored by the PDA

Article III; Sec 24

Code of Ethics and Code of Dental Practice * The Board shall adopt and promulgate the Code of Ethics * Separate resolution

Article IV; Sec 25.

Registration without Examination for Dental Hygienists and Dental Technologists * Applicant filed within 3 years after effectivity of RA 9484 * Must have a certificate in dental hygiene or dent tech by a duly recognized school or institution, with 3 years actual experience in a licensed dental clinic or accredited dental lab * Had been practicing as a dental hygienist or dental

Article IV; Sec 27.

Display of Name and Certificate * display in a conspicuous place * in plain sight of anyone who enter * copy of the certificate in other branches of his/her practice * owner or proprietor shall display the certificates of all such persons

Article IV; Sec 28.

CONTINUING PROFESSIONAL EDUCATION * implemented by the Board and the PDA through the CPE Council of the Commission * exempted if over the age of 65 * 60 credit units every 3 years = Amended from 60 to 15 credit units every 3 yrs * earned from accredited providers

Article IV; Sec 29.

INTEGRATION OF DENTAL PROFESSIONS organization recognized by the Board and accredited by the PRC • automatically become members if Board registered upon payment of fees and dues • can be members of other associations

Article IV; Sec 30.

FOREIGN RECIPROCITY * unless the country permit 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 or international agreements * non-‐admission to examinations * PRC Resolution can be invoked

Article IV; Sec 31.

PENAL PROVISION * any person who practice without a certificate of registration and professional ID issued in accordance to the Act * any person who practice the profession to whom the definition of the practice of dentistry does not apply * hiring of students or underboard dentists to work on patients * any registered or licensed dentist who shall abet the illegal practice of dentistry

Article V; Sec 33.

* attachment to RA 9484 * adopted by the Board of Dentistry * drafted by the PDA after consultations * approved 17 July 2008

Code of Ethics

Oral Health Care Program * Participate in programs designed for oral health education and care * Volunteer programs in underserved and underprivileged areas

Article I Section 8.

Records Keeping ``` • Obtain medical and dental record  Treatment plan  Diagnostic records  Consent form*  Medical clearance • Kept for at least 10 years ```

Article I Section 11.

Continuing Professional Education Development * 60 continuing education/development credit units every three years * Needed for the renewal of ID

Article II Section 12.2

. Professional Consultation and Referral • Consult or make referral whenever the welfare of the patient requires recourse to those who possess appropriate professional expertise • Consultant shall discuss the case to the referring dentist and patient Refer back after management

Article II Section 14

END

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