dental act 2007

introduction to philippine Jurisprudence

the philippine

Dental Act of 2007

an act to regulate the practice of dentistry, dental hygiene and dental technology in the Philippines.

REPUBLIC ACT

no. 9484

An act to regulate the practice of dentistry, dental hygiene and dental technology in the Philippines. June 2, 2007 - RA 9484 was approved to provide for the regulation of the practice of dentistry.

REPUBLIC ACT

no. 4419

an act to regulate the practice of Dentistry in the Philippines, and for other purposes.

REPUBLIC ACT

no. 768

an act to regulate the practice of Dental Hygienists in the Philippines, and for other purposes.

SARINO

ARTICLE I

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

SECTION 1. Title

“The Philippine Dental Act of 2007”

SECTION 2. Statement of Policy

• The State recognizes the importance of dentists, dental hygienists and dental technologists in nation-building.
• Shall develop and nurture competent, productive, morally-upright, and well rounded dentists, dental hygienists and dental technologists
• 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.

SECTION 3. Objectives

(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;

SECTION 3. Objectives

(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.

SECTION 4. Definition and Scope of Practice

dentist

-refers to a person who is a holder of a valid certificate of registration and professional identification card in Dentistry - renders dental service within the meaning and intent of this Law and who, for a fee, salary, compensation or reward, paid to him/her or through another, or even without such compensation or reward, - performs any operation or part of an operation, upon the human oral cavity, jaws, teeth and surrounding tissues.

SECTION 4. Definition and Scope of Practice

dentist

- prescribes drugs or medicines for the treatment of oral diseases or lesions, or prevents and/ or corrects malpositions of the teeth or implantation of artificial substitutes for lost teeth - teaches subjects in the licensure examination: or engages in dental research

SECTION 4. Definition and Scope of Practice

however...

- this provision shall not apply to dental technologists engaged in the mechanical construction of artificial dentures or fixtures or other oral devices, as long as none of such procedures is done inside the mouth of the patient; - nor shall this provision apply to students of dentistry undergoing practical training in a legally constituted dental school or college under the direction or supervision of a member of the faculty who is duly licensed to practice dentistry in the Philippines;

SECTION 4. Definition and Scope of Practice

however...

- or to registered dental hygienists who may be allowed to perform preventive oral hygiene procedures and other procedures or to dentistry graduates working as dental assistants to licensed and registered dentist authorized to practice dentistry in the Philippines who are engaged in private practice:

SECTION 4. Definition and Scope of Practice

dental hygienist

- refers to a person who is a holder of a valid certificate of registration and professional identification card and has undergone a two year course in dental hygiene.- from a government recognized school under a college of dentistry and passing the prescribed board examination for dental hygienist, - renders oral health promotion and preventive measures, performs scaling and polishing, oral examination, taking brief clinical history, taking radiograph, and giving oral health education to patients under the supervision of a licensed dentist

SECTION 4. Definition and Scope of Practice

dental technologist

-refers to a person who is a holder of a valid certificate of registration and professional identification card-renders technical services such as mechanical construction of artificial denture and other oral devices under the supervision of a licensed dentist, -has finished a two year certificate course in dental technology from any government recognized school

CUEVAS & MACARAIG

ARTICLE II

THE PROFESSIONAL REGULATORY BOARD OF DENTISTRY

SECTION 5. Composition of the Board

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.

SECTION 6. Powers and Functions of the Board

The Board shall have the following powers and functions:

• Promulgate, administer and enforce rules and regulations necessary for carrying out the provisions of this Act;
• Administer oaths in connection with the administration of this 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 be deemed proper for the advancement of the profession and the vigorous enforcement of this Act;

SECTION 6. Powers and Functions of the Board

The Board shall have the following powers and functions:

• 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;

SECTION 6. Powers and Functions of the Board

The Board shall have the following powers and functions:

• Supervise and regulate the registration, licensure and practice of dentistry, dental hygiene and dental technology in the Philippines;
• Prescribe guidelines and criteria in the Continuing Professional Education (CPE) program for dentistry, dental hygiene and dental technology;
• 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;

SECTION 6. Powers and Functions of the Board

The Board shall have the following powers and functions:

• Accredit various specialties, dental societies/ organizations;
• Perform such other powers and functions as it may deem necessary to carry out the objectives of this Act.

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

• Be a natural-born citizen of the Philippines and a resident thereof;
• Be a duly registered dentist in the Philippines with a valid certificate of registration and professional identification card;

• Be a member of good standing of the accredited professional organization for the last five years

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

• Have at least ten (10) years of continuous experience as a dentist and preferably with three years of teaching experience;
• 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
• 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.

SECTION 8. Term of Office

• 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 of the Board and shall not be able to succeed himself/herself immediately after the expiration of his/her term of office so that the term of one member shall be due to expire every year

SECTION 9. Compensation and Allowances of the Board

• 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.

SECTION 10. Suspension and Removal from Office

• 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 hal judgment or conviction of any criminal offense involving moral turpitude by the court after having been given the opportunity to defend himself/ herself in a proper administrative investigation.

SECTION 11. Supervision of the Board

• 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.

SECTION 12. Annual Report

• The Board shall, within sixty (SO) 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

ALVAREZ, MACALALAD, & REYES

ARTICLE III

LICENSURE EXAMINATION AND REGISTRATION

SECTION 13. Examination Required

• All applicants for registration for the practice of dentistry, dental hygiene and dental technology are required to undergo licensure examination.

SECTION 14. Qualification for Admission to the Licensure Examination

for dentistry:

• Graduate of a recognized and legally constituted university, college, school or institute with the degree of doctor of dental medicine.
• Completed refresher course required after failing three consecutive exams.

• Citizen of the Philippines
• Has not been convicted of an offense involving moral turpitude.

SECTION 14. Qualification for Admission to the Licensure Examination

for dental hygiene:

• Citizen of the Philippines
• Possesses good moral character
• Finished two years certificate in dental hygiene.
• Completed refresher course required after failing three consecutive exams.

• Citizen of the Philippines
• Possesses good moral character
• Finished the two years certificate in dental technology
• Has undergone on-the-job training in registered/accredited dental laboratory for at least six months.
• Completed refresher course required after failing three consecutive exams.

for dental technology:

SECTION 15. Scope of Examination

• An examination shall be given to the licensure applicants for dentist, dental hygienists, and dental technologists, which shall include, but not limited to the following:

a) For Dentists

• General anatomy
• Oral anatomy
• General and microscopic anatomy and embryology
• General and oral physiology
• General and oral pathology
• Pharmacology

SECTION 15. Scope of Examination

• 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
• Practice management

SECTION 15. Scope of Examination

b) For Dental Hygienists

• Oral anatomy and physiology
• Dental materials
• Periodontology
• Roentgenology
• Preventive dentistry
• Pedodontics
• Dental anesthesia
• Pharmacology
• Pathology

• Dental jurisprudence and ethics
• Basic computer

SECTION 15. Scope of Examination

c) For Dental Technologists

• Oral anatomy
• Physiology
• Complete, fixed and removable prosthodontics
• Ceramics
• Orthodontic appliances
• Dental materials
• Dental jurisprudence and ethics,
• Basic computer.

SECTION 16. Ratings in the examination

• The licensure examination shall consist of both written and practical tests and in order to pass the examination, an examinee must obtain a general weighted average of at least seventy - five percent (75%), with no rating below fifty percent (50%) in any subject.

SECTION 17. Report of the results of examination

• The Board shall submit to the Commission of the ratings obtained by each candidate within twenty (20) days after the last day of examination unless extended for just cause.

SECTION 18. Oath

• All successful examinees and registrants without examinations shall be required to take professional oath before any member of the Board or any other person authorized by the Commission or by the law before they start their practice.

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

• A certificate of registration shall be issued to examinees who pass the licensure examination for dentistry.
• A professional identification card bearing the registration number, date of issuance, expiry date, duly signed by the chairperson of the Commission shall likewise be issued to every registrant upon payment of the required fees.

SECTION 20. Fees for Examination and Registration

• Every applicant to the licensure examination for dentistry shall pay an examination fee and a registration fee.

SECTION 21. Refusal to Issue Certificates for Certain Causes

• 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.

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

• 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:

a.) Unprofessional and unethical conductb.) Malpractice c.) Incompetence, serious ignorance or negligence in the practice d.)Willful destruction or mutilation of a natural tooth of a patient with the deliberate purpose of substituting the same by an unnecessary or unessential artificial tooth.

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

e.) For making use of fraud, deceitful or false statement to obtain a certificate of registration f.) For addiction g.)For the employment of persons who are not duly authorized to do the work h.)For the employment of deceit or any form of fraud for the purpose of extending his/her clientele i.)For making false advertisements, publishing or circulating fraudulent or deceitful allegations regarding his/her professional attainment, skill or knowledge, or methods of treatment employed by him; and

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

j.) Utter disregard and continuous violation of any of the provisions of this Act: Provided, That the action of the Board in the exercise of this power shall be appealable to the Commission.

SECTION 23. Reinstatement, reissuance or replacement of certificate of registration and professional identification card

• Two years after the 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 doing, the Board may, in its discretion, exempt the applicant from taking another examination.

SECTION 24. Issuance of Special/Temporary Permit to Foreigners

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;

SECTION 24. Issuance of Special/Temporary Permit to Foreigners

-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.

GALIDO

ARTICLE IV

PRACTICE OF DENTISTRY, DENTAL HYGIENE AND DENTAL TECHNOLOGY

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

• the Board shall adopt and promulgate the Code of Ethics of Dental Practice of dentists, dental hygienist and dental technologists issued by the accredited professional organization of dentists

SECTION 26. Vested Rights.

• All dentists and dental hygienists registered at the time this law takes effect shall automatically be registered under the provisions.

• Certificates of registrations shall have the same force and effect as though issued after the passage of this Act

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

• A person who qualifies for the admission in the examination for dental hygienist and dental technologist may be registered without an examination.
• The applicant files with the Board within three years after the effectivity of this Act

a.) had been given a certificate in dental hygiene or dental technology by a duly recognized college or institution and had at least three years of actual experience in a dental clinic or laboratory b.) had been practicing as a dental hygienist or dental technologist for at least five years in a licensed dental laboratory, attended a training course given by an accredited school, and certified by TESDA

Section 28. Display of Name and Certificate of Registration.

• should display in a conspicuous place in the building or office where he/she practices, his/her name and his/her certification or registration in plain sight of patients who enter the dental office.
• If more than one clinic, original certificate of registration should be displayed in his/her main office or clinic, and copy in the other branches of his/her practice.

Section 29. Continuing Professional Education.

• Continue professional education in consonance with the guidelines of the Continuing Professional Education (CPE) council of the Commision.
• Exemption of the program upon reaching of sixty-five (65) years old.

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

• all dental hygienists, 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.
• All should automatically become a member of the accredited integrated professional organization upon payment of the required fees and dues.

Section 31. Foreign Reciprocity

• 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 of such foreign state under reciprocity and under international agreements No foreigner shall be admitted to the examination and be given certificate of registration to practice as a dentist and be entitled to any privileges

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

• The Board, in coordination with the accredited professional organization (APO), shall maintain a roster of the name Residences of the addresses of all shall make this roster available to the public upon request.

BETANGCOR

ARTICLE V

PENAL PROVISIONS AND ENFORCEMENTOF THE ACT

SECTION 33. Penal Provision

• The following, shall be punished by a fine of not less than Two hundred thousand pesos (200,000.00) nor more than Five hundred thousand pesos (500,000.00) 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.) Any person who shall practice dentistry, dental hygiene or dental technology in the Philippines as defined in this Act, without a certificate of registration and professional identification card and special permit issued in accordance with the provisions of this Act, or has been declared exempt; b.) Any person who practice the profession to whom the definition of the practice of dentistry, dental hygiene or dental technology does not apply;

SECTION 33. Penal Provision

c.) Any licensed dentist who shall abet to do the illegal practice of dentistryd.) Any person presenting or using as his/her own the certificate of registration and professional identification card and special permit of another; e.) Any person who shall give any false or forged evidence to the Board in obtaining a certificate of registration; f.) Any person who shall impersonate any registrant of like or different name; g.) Any person who shall use a revoked or suspended certificate of registration and professional identification card;

SECTION 33. Penal Provision

h.)Any person who shall assume, use or advertise as a bachelor of dental surgery, doctor of dental surgery, master of dental surgery, licentiate of dental surgery, doctor of dental medicine, or dental surgeon, or append to his name the letters D.D.S., B.D.S., L.D.S., or D.M.D. without having been conferred such title or degree in a legally constituted school, college or university, duly recognized and authorized to confer the same or other degrees; and i.) Any person who advertises any title or description tending to convey the impression that he/she is a dentist, without holding valid certificate of registration and professional identification card and special permit from the Board.

SECTION 34. Enforcement of this Act

• 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.

RANAY

ARTICLE VI

MISCELLANEOUS PROVISIONS

SEC. 35. Funding Provision.

• 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.

SEC. 36. Transitory Provision.

• 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.

SEC. 37. Implementing Rules and Regulations.

• 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.

SEC. 38. Separability Clause.

• If any section or provision of this Act shall be declared any other section or provision of this Act.

SEC. 39. Repealing Clause.

• 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.

SEC. 40. Effectivity.

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

Dentists!

PADAYON,

future

Dentists

dentists!

Thank You!