Dental Legislation and Jurisprudence (Philippines) PDF

OBJECTIVE: Analyze the dental legislation Dental Law and Related Legislations Law – rule of civil conduct prescribed by sovereign power or enactments promulgated by the legislative authority of the state. “ignorantia legis non excusat” – ignorance of the law excuses no one. Without the maxim, which...

OBJECTIVE: Analyze the dental legislation Dental Law and Related Legislations Law – rule of civil conduct prescribed by sovereign power or enactments promulgated by the legislative authority of the state. “ignorantia legis non excusat” – ignorance of the law excuses no one. Without the maxim, which is also found in article 3 of the Civil Code, the corrupt will make social existence unbearable, abuses will increase, and ignorance will be rewarded. Four basic functions in a society: Ø To define relationships among the members of a society and to state which activities are permissible and which are not permissible. Ø To describe what force may be applied to maintain rules and by whom it is applied. Ø To provide the solution to problems. Ø To redefine relationships between persons and groups when conditions of life change. Functions of Law in Dentistry 1. It provides a framework for establishing what dental actions in the care of patients are legal 2. It delineates the dentist’s responsibilities from those of other health practitioners 3. It helps to establish the boundaries of independent dental action; and 4. It assists in maintaining a standard of dental practice by making dentists accountable under the law. Statutory Law – These are the laws that are passed by Congress. The Philippine Dental Act of 2007 is an example. Constitutional Law – this refers to rights, privileges and responsibilities that are stated in or are inferred from the Philippine Constitution, including the Bill of Rights. Congress may not pass laws or institute rules that conflict with constitutionally granted rights or rules because the Constitution is the highest law of the country. Administrative Law – This body of law refers to the rules and rulings made by administrative agencies that have been granted the authority by statute (legislatively passed laws) to act in this manner. An example of this type of law are the rules and regulations passed by the Board of Dentistry to control dental practice. Common Law – This type of law refers to the decisions made by judges in court cases or established by rules of custom and tradition. The first, or case law, is the result of legal principle, stare decisis, which means that once an issue has been decided all other cases concerning the same issue should be decided the same way. Classification of Law 1. Criminal Law 2. Civil Law Dental Jurisprudence Jurisprudence is the philosophy of law, or the science which treats of the principles of positive law and legal relations. Jurisprudence is the science of law, namely, that science which has for its function to ascertain the principles of which legal rules are based, so as not only to classify those rules in proper order, and show their relation in which they stand to one another, but also settle the manner in which new or doubtful cases should be brought under the appropriate rules. Dental jurisprudence, therefore, comprises all laws, rules, doctrines and principles, legal opinions and decisions of competent authority regarding governance and regulation of practice of dentistry. Sources of Dental Jurisprudence ØConstitution ØPhilippine Dental Law ØCode of Dental Ethics ØRevised Penal Code Rule of Court Ø National Internal Revenue Code Ø Corporation Code Ø Labor code Local Government Code Ø Legislations/Rules and Regulations Related to Practice of Dentistry Ø Decisions/ Resolutions Related to Practice of Dentistry Dental Legislation It is the act or process of making laws affecting the science, art and practice of dentistry. On June 19, 1965, the law was amended by Republic Act (R.A.) No. 4419, “The Philippine Dental Act of 1965”, which accorded the Board the authority to issue, suspend or revoke certificates of registration and the power to administer oaths requirements. and oversee dental education Philippine Dental Law – the Philippine dental Act of 2007 or R.A. 9484, which was approved on June 2, 2007, regulates Philippine dental practice at present. The law provides about licensure examination, registration and practice of dentistry, dental hygiene and dental technology. It is made up of six (6) articles and 40 sections.