1 Flashcards
Rule of civil conduct prescribed by sovereign power or enactments promulgated by the legislative authority of the state
Law
part of law; that specifies how the ideas of that law is implemented
regulation
part of regulation; guideline or instruction for doing something
rule
an order that does not have legal implication if not followed; does not arise from a law
policy
Ignorance of the Law excuses no one
“ignorantia legis non excusat”
without the maxim, the corrupt will make social existence unbearable, abuses will increase, and ignorance will be rewarded
PLACE OF LAW IN THE DENTAL PROFESSION
“ignorantia legis non excusat”
- for the dentist to understand legal responsibilities as applied to
dental practice - to avoid exposure to legal risk/minimize violations of the law and thereby contribute to the orderly progress and general
welfare of society
PLACE OF LAW IN THE DENTAL PROFESSION
“ignorantia legis non excusat”
FOUR BASIC FUNCTION OF LAW IN A SOCIETY
To define relationships among members of a society and to state which activities are permissible and which are not permissible -
2. To describe what force may be applied to maintain rules and by whom it is applied
3. To provide solution to problems
4. To redefine relationships between persons and groups when conditions of life change
Provides a framework for -establishing what dental actions in the care of patient’s are legal
Establishes what are legal dental actions
It helps to establish the bo-undaries of independent dental action;
Sets the boundaries of Dental Actions/Practices
It assists in
maintaining a standard of dental practice by makin-
g dentists accountable under the law
Maintains the standard dental practice
It delineates the dentist’s responsibilities from those of other health practitioners
Prescribes Dentist’s responsibilities
FUNCTIONS OF LAW IN DENTISTRY
- Establishes what are legal dental actions
- Prescribe’s Dentist’s responsibilities
- Sets the boundaries of Dental Actions/Practices
- Maintains the standard Dental Practice
Sources of Law
- Statutory Law
- Constitutional Law
- Administrative Law
- Common Law
Laws that are passed by congress originates from Bills written by congress and senate
Statutory Law
Refers to reights, privileges, and responsibilities that are stated in or are inferred from the Philippine Constitution, including the Bill of Rights; all laws should confirm to the Constitutional Law
Constitutional Law
The rules and rulings made by administrative agencies that have been granted the authority by statute to act in this manner
ex. DepEd, DFA, BIR, etc
Administrative Law
Refers to the decisions made by judges in court cases or established by rules of custom and tradition
Common Law
The result of legal principle “stare decisis”
Case law
means that once an issue has been decided all other cases concerning the same issue should be decided the same way
stare decisis
CLASSIFICATION OF LAW
Criminal law and Civil law
with jail time
criminal law
no jail time, only fine; all other Laws besides Criminal Law, Such as _____
Property law or contract law
no jail tome, only fines
civil law
The science which treats of the principles of positive law and legal relations
Jurisprudence
It functions 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 to settle the manner in which new or doubtful cases should be brought under the appropriate rules
jurisprudence
all laws, rules, doctrines, and principles, legal opinions, and decisions of competent authority regarding governance and regulation of practice of dentistry
Dental Jurisprudence
It emphasizes the duties of the dental practitioner to his patients and the regulations for the practice of dentistry as well as the relation of law to dental practice
Dental Jurisprudence
Lifeblood of the govn’t
Tax
The act or process of making laws affecting the science, art, and practice of dentistry
Embodied by the Philippine Dental Law or RA 9484
Dental Legislation
mainly tooth extraction; no recognized special course or profession, no law nor any Royal Decree from Spain governing the practice of dentistry
Spanish Times
Dental profession received its professional status as a field of practice on August 2, 1899
American Regime
Dental profession received its professional status as a field of practice on ____
August 2, 1899
The board was reorganized through Public Act. No. 593
January 10, 1903
Public Act No. 593 other wise known as?
“The Act of Regulation the Practice of Dentistry in the Philippine Islands”
Regulations for the examination of dentists and practice of dentistry
February 5,1915
Act No. 2462
1916- Act No. 2462 was amended by ___
Act No. 2602
To eliminate the act of requirement for admission to licensure examination
Act 3681 of 1916
the board of dental examiners was placed under the Department of Public Instruction together with other medical-related boards
Public Act No. 4007 or Reorganization Law of 1932
created the first independent Dental Board of Examiners
1948 – Republic Act No. 546
June 19, 1965, the law was amended by ____ also known as _____
RA No. 4419 also known as “The Philippine Dental Act of 1965”
In _____ the Board was given the authority to issue, suspend, or
revoke certificates of registration and also the power to administer oaths and oversee dental education requirements
June 19, 1965
RA No. 4419 of 1965 was amended/repealed by ___ with 6 articles and 40 sections
RA No. 9484 or “The Philippine Dental Act of 2007”
RA No. 9484 was enacted on
June 2, 2007
- A more comprehensive regulation, control, and supervision of the practice of dentistry, dental hygiene, and dental technology in the Philippines; also provides licensure examination and registration
-Promotion and development of continuing dental education and research in the country
-Implementation of the Code of Ethics and the Code of Dental Practice
RA No. 9484
The power of promoting the public welfare by restraining and regulating the use of liberty and property
Based on Police power of the state
3 INHERENT POWERS OF THE GOVERNMENT
- Police Power
- Power of Taxation
- Power of eminent domain
The practice of dentistry, the licensing and regulation of the dental profession are governed by the Philippine Dental Act of 2007
Statutory Basis
The practice of all professions in the Philippines shall be limited to Filipino Citizens, save in cases prescribed by law; this includes the practice of dentistry
Constitutional Basis
