Gianina Camille S. Gamboa, DMD

What dental law is called the Act to Regulate the Practice of Dentistry in the Philippines?R.A. 593R.A. 417R.A. 4419R.A. 9484

Dental LawsR.A. 593R.A. 2462R.A. 2711R.A. 417R.A. 4419R.A. 9484

R.A. 4419June 19, 1965Penalties for illegal practiceExaminers Board of DentistryAppointed by the President of the PhilippinesRecommended by the PRCNominated by the PDA5 years, 5 members

R.A. 4419Exam RPD Exercise (Res. No. 111, 1987)Class II & FPD (Res. No. 34, 1989)

Council on Dental EducationCouncil on Advancement of Dental Research

The Philippine Dental Act of 2007 is basically a combination of the republic act cover dentists and dental tachnicians.TrueFalse

R.A. 9484Philippine Dental Act of 2007 Act to Regulate the Practice of Dentistry, Dental Hygiene and Dental TechnologyRepealed RA 4419 and RA 768Objectives:regulate practice of dentists, hygienists, dental technologistslicensure examsaccreditation of specialtiesCDE and researchstipulation of penaltiesenforcement of Code of Ethics, Code of Dental practice in the Philippines

Board of Dentistry5 membersappointed by presidentrecommended by PRCnominated by PDA3 years, 1 reappointment, max of 6 yearschairman appointed by the President

Every dentist shall complete a minimum number of continuing dental education units prior to renewal of his professional certificate of registration100 in 2 years300 units in 2 years60 credit units every 3 years300 units in 3 years

It is the dentists duty to participate in volunteer programs for the delivery of dental health services in underserved and unserved areasTrueFalse

_______ is the legal standardDental ethics Legal rights Ethics Morals Law

______ is the moral standardDental ethics Legal rights Ethics Morals Law

RA 8504 repeals the right of a dentist to choose his patientsTrueFalse

R.A. 8504Philippine AIDS Prevention and Control Act of 1998refusal to admit a person to a hospital or health care facility and refusal to provide health care or perform health service to a person in a hospital or health care facility on the basis of perceived, suspected or actual HIV status are PROHIBITED ACTS

A person who did not partake in the commission of the crime but conceals or destroys the body of the crime to prevent discovery is a/an:Accomplice Accessory Principal AOTA

Principaldirect part in the execution of the criminal act; directly force or induce others to commit the felony

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

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

Self-defense is an example ofMitigating circumstanceAggravating circumstanceJustifying circumstanceExempting circumstance

Mitigating Circumstanceany 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

Aggravating CircumstanceINCREASES guilt or enormity or adds to its injurious consequences

Justifying Circumstancethe accused is deemed to have acted in accordance with the law and therefore the act is lawfulno criminal liability, no civil liability

Exempting Circumstancethe accused committed a crime but is not criminally liablethere is a crime and civil liability but no criminal liability

The most important question in malpractice suit is whether the dentistWas experiencedHad an assistantExercised due careHas advanced training

A duly licensed Dentist must pay his/herProfessional tax Registration fee Both NOTA

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

culpa contractual negotiorum gestio culpa aquilina solutio indebti

Culpa aquilinasource of obligation when there is no pre-existing contractual relationship between parties

Ex. A driver accidentally hits a person

Intentional oral defamation is known as:fraud libel assault slander

The principle that states that a case, once tried, CANNOT be retried for the same offenseRes gestae Res judicata Res ipsa loquitor Stare decisis

Res gestaerefers to the start-to-end period of a felonythings done

Res ipsa loquitorThe thing speaks for itself

Stare decisisjudges are obliged to respect the precedent as established by prior decisionscourts should generally abide by precedents and not disturb settled matters

In res ipsa loquitorAn ordinary layman can prove negligenceAn expert witness must prove negligence Substandard care is always presentA and CB and C

PD 1575 requires dentists to keep patients recordsTo compel dentists to employ clerksFor proper record keepingFor forensic reasonsFor added administrative work

Writ issued from the higher court to the lower to send records of a particular case for reviewMandamusProhibitionQuo warrantoCertoriari

Mandamusa writ which orders a public agency or government body to perform an act required by law when it has neglected or refused to do soProhibitionA preventive remedy, to refrain the doing of some act about to be done and not intended to provide a remedy for acts already accomplishedQuo warrantowrit by which the govt begins its action to recover an office or franchise from a person/corporation in possession of it

Act of dishonesty appropriating, usually financial in natureAdulteryConcubinageEmbezzlementCulpa

Nobody shall enrich himself at the expense of othersSalus populi suprema lex estIgnorantia non excusatRes ipsa loquitorSic utere tuo ut alienum non laedas

The welfare of the people is considered in making lawsSalus populi suprema lex estIgnorantia non excusatRes ipsa loquitorSic utere tuo ut alienum non laedas

R.A. 480 provided that dentists who join the AFP shall have a rank ofLieutenant colonelSecond lieutenantFirst lieutenantSPO1

Damages which include physical suffering, mental anguish, fright, serious anxiety, social humiliation, etc. Actual damagesMoral damagesLiquidated damagesNominal damages

Actual Damagesdamages wherein only pecuniary loss which have been duly proved are compensated

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

Doctrine of Quantum meritDoctrine of respondeat superiorDoctrine of contributory negligenceA 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 :

Doctrine of Quantum Merit Amount of fee depends on the time and cost of materials consumedDifficultySkill, effort, expertise of dentistNumber of meds etc.

Doctrine of Respondeat SuperiorThe dentist is answerable for the acts of his/her employeesDoctrine of Contributory NegligenceThe patient is also the cause of his/her worsened condition

Judicial rightsRights in personamConstitutional rightsRights in Rem

The right to practice dentistry is an example of

Right in rema right competent or available, against all persons

Right in personama right, action, judgment or entitlement that is attached to a specific person

The patient owes the dentist payment for removing his impacted third molar. This is:Right in remRight in personamStatutory rightObligation

A notice was issued by the court to the city mayor to answer the complaint filed against him. This is called:SubpoenaOrderProvisionSummons

The cost of operating a business like a dental clinicFixed overhead Capital expense Overhead

To prevent cross-contamination to patients from dental operatory units, a dentist should use handpiece and water supply hoses that are fitted with which type of valves?

retractionpressure anti-retraction depressurization

This is the amount of time a product is guaranteed freshrotating stock rate of use reorder point shelf life

Operating or overhead expenses constitute ___ of the total gross collection of a dental office

50% 70% 80% 20%

~ Art Williams

Penalties: 200,000-500,00 and 1-5 years imprisonmentChairperson on last year*RA 4419 philippine dental act of 1965 (5th)RA 768 - Act to regulate the practice of dental hygienists in the Philippines

***Art. I Duty to the Community section 8Code of EthicsSection 8 Dental Health Care Program: the dentist shall participate in programs designed for dental health education and care. He shall participate in volunteer programs for the delivery of dental health services in underserved and unserved areas.**Ethics system of moral values, accepted principles of right or wrongDental ethics branch of moral law which treats of the conduct and obligation of a dental professional to his patients, colleagues, the public and the profession

**No person shall be denied health care or be charged with higher feeRight against discrimination**Principal - These are persons who cooperate in execution of the offense by a previous or simultaneous act*Accomplice eg. Nagbigay funding

****justifying circumstance - e.g. defended himself, battered woman syndromeInsanity is an example*Diff of malpractice and illegal practice?Malpractice - Act involving ignorance, negligence, unskillfullness or moral turpitude resulting in some injury to the patient.Makes dentist or doctor criminally liable.Done by duly licensed professionalRes Ipsa loquitor(The thing speaks itself)Plaintiff who seeks to recover damages burden of proof in showing negligence of defendant

**Culpa=criminal negligence*Negotiorum gestioKind of quasi-contract that represents the absentee (proxy)

Solutio indebtiPayment to one of one is not due to him

**- a case in which there has been a final judgment and is no longer subject to appeal- the matter cannot be raised again, either in the same court or in a different court*Res ipsa loquitor - 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 - 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.*****One should use his own property in such a manner as not to injure that of another.*The welfare of the people is the supreme law**********Subpoena charged with contempt if refused or failed to appear in court- order directing a person to appear before a court or tribunal****Overhead cost should be 60% of gross income*