8/19/2019 Practice of Medicine

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Quiz Recap

1.What is Medical Jurisprudence? 

- Medical jurisprudence is a set of laws that govern the practice of medicine.

2.What do you call the law that is not enforced by the state? 

- Non-jural law 

3.Who is responsible for administering the Physicians !icensure "#am$ theP%& or the 'oard of Medicine? 

- 'oard of Medicine

4.(nder what power of the state is health included? 

- Police power 

5.What is the goal of the profession of medicine? 

- )ervice to humanity 

What is the practice of medicine?

Is a privilege or franchise granted by the state to any person to

perform medical acts upon compliance with law.

The law referred to is the edical !ct of 1"5".

♥ The practice of medicine consists of #udging the nature$ character and

symptoms of a disease$ in determining the proper remedy to the

disease.

♥ The practice of medicine means the diagnosis and application and the

use of medicine and drugs for curing$ mitigating or relieving bodily

disease or conditions.

*+ny form of treatment ,i.e. traditional or non-traditional can be considered

as practice of medicine as long as these procedures are done by a duly

licensed physician$

ACTS CONSITITUTING T! "#ACTIC! O$ %!&ICIN!

1.%ho shall$ &or compensation fee$ salary or reward in any form paid tohim directly or indirectly or through another$ or even without the same$

physically e'amine any person and diagnose$ treat$ operate or prescribe

any remedy for human disease$ in#ury$ deformity$ mental or physical

condition or any ailment$ real or imaginary$ regardless of the nature of remedy or treatment administered$ prescribed or recommended .

&rom the first provision(

)hysically e'amine a person and diagnose

)hysically e'amine a person and treat

)hysically e'amine a person and operate

)hysically e'amine a person and prescribe any remedy.

♥ )rovided that the above mentioned acts are performed$ the following

do not affect the act as to the practice of medicine(

%hether or not the act was done with or without compensation.

*egardless of the nature of the remedy or treatment

administered.

&!$INITION O$ T!#%S'

MEDICAL DIAGNOSIS - is the art of balancing probabilities.

DIAGNOSIS - is a mental process whereby one or more persons

appraise a situation and ma+e a decision based on their #udgment that

may or may not lead to action.

TREATMENT   , all steps ta+en to effect a cure of an in#ury or

disease.

OPERATION  - is an act or succession of acts performed upon the

body of a patient for his relief or restoration of normal condition. ither

by manipulation or the use of surgical instruments or both.

PRESCRIPTION  , is a direction of remedy or remedies for a disease

and the manner of using them a formula for the preparation of a drug

and a medicine.

2.%ho shall by means of signs$ cards$ advertisement$ written or printedmatter$ or through the radio$ television or any other means o

communication$ either offer or underta+e by any means or method to

diagnose$ treat$ operate$ or prescribe any remedy for any human

disease$ in#ury$ deformity$ physical mental or psychical condition.

The purpose of this 2nd provision is to protect the people who

through deceptive advertisement or machination may be able to induce

them to be under the medical service of one who is not in a capacity to

do so.

*What to place in ou! p!e"c!iption pa#$

1.Name

2.ield of Practice

3.&linic hours in various hospitals you are affiliated with

4. /nitials of the degrees you achieved as a physician"#ample0

*N"1"% place the name of the institution where you trained in because it is

considered unethical. )ee paragraph above for the reason why.

*/t is N23 unethical to place your diploma in your clinic.

3.%ho shall use the title of ./ after his name.*Post 4raduate /nterns ,P4/ are N23 allowed to affi# M.5. after their names

because of the premise that they havent passed the Physicians !icensure

e#am yet.

*3he title 5octor can be added to their names during internship.

6 Medical )chools granted with &7"5 5eregulated )tatus

1.(P&M

2.()3-M)

3.P!M-&M

 

WO A#! (UA)I$I!& TO "#ACTIC! %!&ICIN! IN T! "I)I""IN!S?

1.Those who complied with the prere0uisites to the practice of medicinein accordance with the medical act.

2.Those who can have limited practice without any certificate oregistration.

"#. oreign doctors doing medical missions for

2peration )mile. 3hey are allowed to operate on patients with

cleft palate but they are not allowed to prescribe medications as

their permit is limited 

3.ali+bayan physicians , )./ 541 allowing former &ilipino )rofessionals topractice their respective professions in the )hilippines.

Possible if the physician is board certified in the

Philippines. /f the physician ever comes bac8$ he9she will just go to

P%& and present a certification that he9she practiced abroad.

 Transcribed by: KC

%!&ICA) *U#IS"#U&!NC!' T! "#ACTIC! O$ %!&ICIN!

Ser+io ", "a+-io. %&,. )),/,. $"S". $"SO

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4.Those foreign physicians 0ualified to practice by reciprocity or byendorsement.

 +pplicable to the %eciprocity &lause

5.imited practitioners of healing art. "#. Physicians who practice acupuncture

.edical tudents , renders service under the direct supervision andcontrol of registered physician without any compensation.

)ometimes$ the patients give gifts if you have

established rapport with them. )ome see it as a form of 

compensation but if the purpose of the patient is not to reward 

you for your service$ it is not unethical to receive gifts.

♥ 2nly N+3(%+! person can practice medicine. ,starts at birth and ends at 

death.

C)ASSI$ICATION O$ %!&ICA) "#ATIC!

1.!s to the scope of practice(

a.eneral

b.pecialist

2.!s to the 0en-e of practice(

a.6linic

b.7ospital

3.!s to n-mer'

a. individual

b.group

*/f the hospital you trained in isnt accredited by a medical organi:ation$ you

are still considered to have earned your residency training but you are not

entitled to wor8 in tertiary hospital.

*4roup practice is beneficial due to referral system.

"SICIAN

icensed )hysician

icense to practice medicine

8ne who has received a degree from an institution and one that is

lawfully engaged in the practice of medicine.

%78 definition(

is a person who after completing his secondaryeducation follows a prescribed course of medicine at a recogni9ed

university or medical school.

"!NA)TI!S O$ I))!GA) "#ACTIC!'

A, CI%IL LIA&ILITIES $

There is a wrongful act of a physician.

! civil suit is filed against physicians and:or hospitals

are premised on recovery of damages for their wrongful act or of 

the employees.

*related to money 

/, CRIMINAL LIA&ILITIES$

%hen the act or omission of a physician constitute a

crime$ which may be done with deliberate intent or on account of 

imprudence$ negligence$ lac+ of foresight or lac+ of s+ills.

;Proof beyond reasonable doubt;.

*No doctor in the Philippines has been charged of criminal liabilities yet 

*&riminal liabilities are considered if the act is done deliberately or on

account of imprudence

*if you have done everything in your power to help the patient$ it doesnt 

ma8e you liable< starts with a complete history and physical e#am and proper 

record 8eeping.

* 3he patients chart is for your eyes only.

*3he clinical abstract is given to the court in lieu of the medical record.

C, ADMINISTRATI%E LIA&ILITIES

)enalty imposable is reprimand or suspension or revocation of

license

&ile at )rofessional *egulations 6ommission

*related to moral trepidation

I""OC#ATIC OAT 

I swear to fulfill$ to the best of my ability and #udgment$ this

covenant(

I will respect the hard-won scientific gains of those physicians in

whose steps I wal+$ and gladly share such +nowledge as is mine with

those who are to follow.

I will apply$ for the benefit of the sic+$ all measures ;that< are

re0uired$ avoiding those twin traps of over-treatment and therapeutic

nihilism.

I will remember that there is art to medicine as well as scienceand that warmth$ sympathy$ and understanding may outweigh the

surgeon=s +nife or the chemist=s drug.

I will not be ashamed to say >I +now not$> nor will I fail to call in

my colleagues when the s+ills of another are needed for a patient=s

recovery.

I will respect the privacy of my patients$ for their problems are not

disclosed to me that the world may +now. ost especially must I tread

with care in matters of life and death. If it is given me to save a life$ all

than+s. ut it may also be within my power to ta+e a life this awesome

responsibility must be faced with great humbleness and awareness of

my own frailty. !bove all$ I must not play at od.

I will remember that I do not treat a fever chart$ a cancerous

growth$ but a sic+ human being$ whose illness may affect the person=s

family and economic stability. y responsibility includes these related

problems$ if I am to care ade0uately for the sic+. I will prevent disease whenever I can$ for prevention is preferable

to cure.

I will remember that I remain a member of society$ with specia

obligations to all my fellow human beings$ those sound of mind and

body as well as the infirm.

If I do not violate this oath$ may I en#oy life and art$ respected

while I live and remembered with affection thereafter. ay I always act

so as to preserve the finest traditions of my calling and may I long

e'perience the #oy of healing those who see+ my help.

3hose who cannot practice medicine anymore are the following0

1.3hose with revo8ed license

2.3hose with e#treme physical disability 

3.3hose of unsound mental status4.3hose with highly infectious disease.

#eferences

/r. )aguio?s )ower )oint

@6?s notes

!N& O$ T#ANS

 Transcribed by: KC 2