Republic Act No. 4419




REPUBLIC ACT No. 4419 AN ACT TO REGULATE THE PRACTICE OF DENTISTRY IN THE PHILIPPINES, AND FOR OTHER PURPOSES ARTICLE I Title of Act SECTION 1. Title of Act. - This Act shall be known as "The Philippine Dental Act of 1965." ARTICLE II Objectives and Implementation SECTION 2. Objectives. - This Act provides for (a) the regulation, control and supervision of the practice of dentistry in the Philippines; (b) the giving of licensure examinations to graduates of recognized dental schools for the purpose of registration; (c) the regulation and standardization of dental education; (d) the promotion and development of dental research in the country; and (e) the stipulation of penalties for infractions or violations authorized under the provisions of this Act. SECTION 3. Implementation. - For the purpose of attaining or carrying out the objectives of this Act, and in order to implement the other provisions thereof, there are created the following agencies: (a) The Board of Dental Examiners; (b) The Council on Dental Education; and (c) The Council for the Advancement of Dental Research. ARTICLE III The Board of Dental Examiners SECTION 4. Composition. - The Board of Dental Examiners shall be composed of five members to be appointed by the President of the Philippines from among candidates certified by the Philippine Dental Association and/or any other bona fide dental association, upon the recommendation of its constituent chapter societies or affiliate organizations, as possessing the qualifications prescribed in Section five of this Act, said appointments being subject to confirmation by the Commission on Appointments. SECTION 5. Qualifications. - The members of the Board shall, at the time of appointment: (a) be a natural-born citizen of the Philippines and actually resident thereof; (b) be a duly registered dentist in the Philippines; (c) must have had at least ten years practice of the profession; (d) must not be a member of the faculty of any school, college or university where dentistry is taught, nor shall have, directly or indirectly, any pecuniary interest in such institution; (e) must not be connected in any capacity with any business enterprise, firm or company engaged in the buying, selling or manufacture of dental goods, equipment, materials or supplies; and (f) must be a member of good standing of the Philippine Dental Association and/or any other bona fide dental association for at the last five years. SECTION 6. Tenure of Office. - The members of the Board shall serve for a term of five years: provided, however, that not more than one member shall be appointed for the full term within the same calendar year, and that appointments shall be made to fill existing vacancies only, so that the term of one member shall be due to expire every year: provided, further, that the member serving the last year of his term shall automatically become the chairman of the Board, and shall not be entitled to succeed himself immediately after the expiration of his tenure of office. SECTION 7. Compensation. - The members of the Board shall each receive as compensation a fee of ten pesos per capita of the candidates examined. The chairman of the Board shall receive no extra compensation. SECTION 8. Removal from office. - Any member of the Board, including the chairman, may be removed for incompetency or continued neglect of duty, for commission or toleration of irregularities in the examination, or, for unprofessional or dishonorable conduct, after a proper administrative investigation. SECTION 9. Powers vested in Board. - The Board of Dental Examiners is vested with authority, conformably with the provisions of this Act, to issue, suspend or revoke certificates of registration for the practice of dentistry, or to reissue the same, subject to the approval of the President of the Philippines. The Board shall have the power to administer oaths, to investigate violations of this Act or other laws and regulations within the jurisdiction of the Board, and for this purpose, it may, under the hand of its chairman and seal of the Board, issue a summons, subpoena or subpoena duces tecum to alleged violators of this Act and witnesses thereof, and thereby compel their attendance. The Board shall also have the power to visit dental schools to determine whether the minimum requirements prescribed by law and/or the Council on Dental Education are complied with. The Board shall exercise the powers conferred upon it by this Act, shall from time to time look into the conditions affecting the practice of dentistry in the Philippines, and whenever necessary, adopt or recommend such measures, or discharge such duties, as may be deemed proper for the advancement of the profession, the maintenance of accepted ethical and technical standards, and the vigorous enforcement of this Act. SECTION 10. Rules and regulations. - The Board of Dental Examiners, with the approval of the Commissioner of Civil Service, shall promulgate and adopt such rules and regulations as may be necessary to implement or carry out the provisions of this Act, especially those relating to the proper conduct of the examinations, custody and correction of examination papers, registration of dentists, and enforcement of the Code of Ethics for dentists. SECTION 11. Secretary of the Board. - The secretary of the Boards of Examiners appointed in accordance with Section one of Republic Act Numbered Five hundred forty-six shall also be the secretary of the Board of Dental Examiners. All records and minutes of the deliberations and proceedings of the Board, including examination papers and other confidential documents, shall be kept by the Civil Service Commission under the direct custody of the secretary of the Board. The secretary shall also keep a complete register of all persons to whom certificates of registration as dentist have been issued, indicating the name, sex, age, date and place of birth, post office address, the name of the school or university where the registrant graduated, date of graduation, and the date when he passed the qualifying examinations. SECTION 12. Annual report. - The Board shall, within sixty days after the close of each fiscal year, prepare and submit an annual report to the President of the Philippines which shall include a detailed account of the proceedings of the Board during the year, an up-to-date register of dentists in the country, indicating those in private practice and those in the government service, and embodying such recommendation as the Board may desire to make. ARTICLE IV Examination and Registration SECTION 13. Prerequisite to the practice of dentistry. - Unless specifically exempt and authorized by this Act, no person shall engage in the practice of dentistry in the Philippines without a certificate of registration as dentist issued to him by the Board of Dental Examiners after successfully passing the required qualifying examination. SECTION 14. Definition of practice of dentistry. - A person shall be regarded as engaged in the practice of dentistry or rendering dental service, within the meaning and intent of this Act, who shall, for a fee, salary, compensation, or any form of reward, paid to him or through another, or even without such compensation or reward, perform any operation or part of an operation, upon the human mouth, jaws, teeth, and surrounding tissues; prescribe drugs or medicines for the treatment of oral diseases and lesions; or correct malpositions of the teeth: provided, however, that this provision shall not apply to artisans or technicians engaged in the mechanical construction of artificial dentures or fixtures and other oral devices, as long as none of such procedure 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: or to registered dental hygienists serving as dentists' assistants who may be allowed to perform oral prophylaxis and such other procedures which the law regulating the practice of dental hygienists may permit. SECTION 15. Exemption from registration. - Certificates of registration shall not be required of commissioned dental officers of the army, navy and air forces of any foreign country, whose operations in the Philippines are permitted by the Government, while rendering service as such for the members of said forces only; and of dentists or oral surgeons from other countries who are invited for consultations or demonstrations, provided that in such cases their work shall be limited to the specific tasks assigned to them, and provided further, that a previous authority has been granted by the Board of Dental Examiners, who shall have the discretion to determine the duration of said authority, but in no case shall it exceed the period of thirty days. SECTION 16. Frequency of examination. - Licensure examinations for candidates desiring to practice dentistry in the Philippines shall be conducted by the Board twice a year in Manila, the first examination to be held not earlier than two months nor later than three months after the termination of the school year, the second one to be held six months thereafter, subject to the approval of the Commissioner of Civil Service. The Board shall publish or cause to be published the dates of examination, or any change thereof, at least ninety days before the scheduled examination. SECTION 17. Qualifications for admission to examination. - In order to be admitted to the licensure examination for dentists, an applicant must, at the time of filing his application therefor, establish to the satisfaction of the Board that: (a) he is a citizen of the Philippines; (b) he possesses good moral character; (c) he had finished at least a two-year pre-dental course which complies with the minimum requirements of the Council on Dental Education; and (d) he shall be a holder of the degree of either Doctor of Dental Medicine (D.M.D.) or Doctor of Dental Surgery (D.D.S.), or their equivalents, conferred by a recognized and legally constituted university, college, school or institute. SECTION 18. Scope of examination. - The licensure examination for the practice of dentistry in the Philippines shall consist of both written and performance tests, the scope of which shall be determined and prescribed by the Board, taking into consideration the teaching plans and educational standards of the state and private dental colleges in the country. It shall include such subjects as general anatomy, oral anatomy, general histology, oral histology and embryology, general pathology, oral pathology, general physiology, oral physiology, pharmacology, microbiology, biochemistry, oral diagnosis and treatment planning, oral surgery, anesthesia, dental roentgenology, periodontics, endodontics, nutrition, dental materials, restorative dentistry, prosthodontics, orthodontics, public health dentistry, dental jurisprudence, dental economics, ethics, and private management. It shall be the duty of the Board to prepare the schedule of subjects in the written and performance tests and to publish the same as approved at least two months before the date of examination wherein they are to be used. SECTION 19. Report of ratings. - The Board of Dental Examiners shall, within one hundred days after the last day of the examination, report the ratings obtained by each candidate to the Commissioner of Civil Service, who shall, with his recommendations, submit such results to the President of the Philippines for approval and release. Failure on the part of the Board to report the ratings within the specified time shall mean forfeiture of fifty percent of the compensation due the members of the Board in that particular examination. SECTION 20. Issuance of certificates. - Certificate of registration as dentist shall, upon the recommendation of the Board, be issued to any applicant who, after the approval of his ratings by the Commissioner of Civil Service and the President of the Philippines and the payment of the required registration fee, has satisfactorily met all the requirements specified in this Act: provided, however, that no certificate of registration shall be issued to any applicant who has not reached the age of twenty-one years. Every certificate of registration shall show the full name of the registrant, shall have a serial number, and must be signed by the chairman and members of the Board, the Commissioner of Civil Service and the secretary of the Board, and shall be authenticated by the official seal of the Board. The issuance by the Board of a certificate of registration to the registrant shall be evidence that the person named therein is entitled to all the rights and privileges of a registered dentist while said certificate remains unrevoked or unsuspended. SECTION 21. Fees for examination and registration. - Every applicant to the licensure examination for dentists shall pay an examination fee of sixty pesos and a fee of ten pesos for registration. SECTION 22. Refusal to issue certificates for certain cause. - The Board of Dental Examiners shall refuse to issue a certificate of registration to any person convicted by a court of competent jurisdiction of any criminal offense involving moral turpitude, and to any person of unsound mind, or those suffering from communicable or contagious disease. In the event of such refusal, the Board shall give the applicant a written statement setting forth the reason or reasons for its action, which statement shall be incorporated in the records of the Board. SECTION 23. Revocation and suspension of certificates. - The Board shall also have the power to revoke or suspend the validity of the certificate of registration of a dentist for any of the causes mentioned in the preceding section, or for unprofessional and unethical conduct, malpractice, incompetency, or serious ignorance or negligence in the practice of dentistry, willful destruction or mutilation of a natural tooth of a patient with a deliberate purpose of substituting the same by an unnecessary or unessential artificial tooth, for making use of fraud, deceit or false statements to obtain a certificate of registration; for habitual use of intoxicating liquors or drugs, causing him to become incompetent to practice dentistry; for the employment of persons who are not duly authorized to do the work which under this Act can only be done by persons who have certificates of registration to practice dentistry in the Philippines; for the employment of deceit or any form of fraud with the public in general or some clients in particular for the purpose of extending his clientele; for making false advertisements, publishing or circulating fraudulent or deceitful allegations regarding his professional attainment, skill or knowledge, or the methods of treatment employed by him: provided, however, that the action of the Board in the exercise of this power shall be appealable only to the President of the Philippines whose decision in such cases shall be final. SECTION 24. Reissue of revoked certificate and replacement of lost one. - The Board may, after the expiration of five years from the date of revocation of a certificate of registration, for reasons it may deem sufficient, entertain any person whose certificate has been revoked, in the same manner as application for an original certificate, and in so doing it may in its discretion, exempt the applicant from the necessity of undergoing another examination. A fee of ten pesos shall be charged for the previously revoked. A new certificate of registration to replace any certificate lost, destroyed or mutilated may be issued subject to the rules of the Board and a charge of five pesos shall be made. ARTICLE V The Council on Dental Education SECTION 25. Functions. - The Council on Dental Education shall be a policy-making body under the Secretary of Education, charged with the responsibility of regulating and standardizing dental education in the country. To be effective in carrying out its objectives, the Council shall have the following functions: (a) to recommend the minimum requirements of the pre-dental course; (b) to recommend the minimum requirements of the regular dental course; (c) to determine and prescribe the minimum requirements for the physical plants and other facilities of schools or colleges of dentistry; (d) to determine and prescribe the minimum number and qualifications of the teaching personnel, including student-teacher ration; (e) to require internship or any form of hospital training in a teaching hospital as a prerequisite to graduation in a dental college, provided that no such requirement shall be made effective earlier than two years after the approval of this Act; (f) to inspect or visit schools or colleges in connection with the functions of the Council as herein provided; and (g) to adopt and enforce such rules and regulations as are necessary for the proper implementation of the objectives of the Council. SECTION 26. Composition. - The Council on Dental Education shall be composed of the Secretary of Education, as chairman; the Undersecretary of Education, as vice-chairman; the Director of Public Schools, the chairman of the Board of Dental Examiners, the President of the Philippine Dental Association or any other bona fide national dental association, a dean-representative of private dental colleges, to be chosen by the deans of said private dental colleges, and the dean of the College of Dentistry, University of the Philippines, as members. The chairman and members of the Council shall serve as such only during their incumbency in their respective positions. SECTION 27. Secretary of the Council. - The Council on Dental Education may designate the administrative officer or any subordinate official of the Department of Education to serve as secretary of the Council, and as such he shall keep a complete record of the proceedings, communications and deliberations of the Council. SECTION 28. Compensation. - The chairman, members, and secretary of the Council on Dental Education shall not be entitled to any compensation, except those authorized by their respective offices and such other expenses as are necessary in the performance of their official duties as herein provided. SECTION 29. Sessions. - The Council shall hold its regular session every month at such time and place to be designated by the chairman of the Council. Special sessions may be called by the chairman or upon the request or petition of a majority of the members of the Council. SECTION 30. Authority. - The Council is hereby authorized by this Act to determine, prescribe or modify the length of studies for the pre-dental and the regular dental course, provided that the preparatory course shall not be less than two years nor more than four years, and in the case of the regular course, it shall not be less than four years nor more than six years. ARTICLE VI The Council for the Advancement of Dental Research SECTION 31. Functions. - The Council for the Advancement of Dental Research shall be a policy-making body, charged with the responsibility of promoting and developing dental research in the country. In order to carry out its objectives, the Council shall have the following functions; (a) To devise and work out a plan to establish a dental center, with the promotion of dental research as its principal goal; (b) To determine and recommend the raising of the necessary funds to finance this research project, either through the solicitation of funds from private sources or by direct government appropriation or financing; (c) To enlist the aid or corporation of such government or private entities as may be necessary; and (d) To adopt and implement such measures, rules and regulations as are necessary for the carrying out of the objectives of the Council. SECTION 32. Composition. - The Council for the Advancement of Dental Research shall be composed of the Chairman of the National Science Development Board, as chairman; a representative of the Philippine Dental Association or any other bona fide national dental association, a representative of the National Science Development Board, a representative of the Board of Dental Examiners, and a representative of the Council on Dental Education, as members. The Chairman and members of the Council shall be appointed by the President of the Philippines with the consent of the Commission on Appointments for a term of five years, unless sooner terminated by the expiration of their tenure of office in their respective positions. SECTION 33. Secretary of the Council. - The Council for the Advancement of Dental Research may designate any of its members to serve as secretary of the Council, and as such he shall keep a complete record of the proceedings, communications and deliberations of the Council. SECTION 34. Compensation. - The chairman, members and secretary of the Council for the Advancement of Dental Research shall not be entitled to any compensation except those authorized by their respective offices and such other expenses as are necessary in the performance of their official duties as herein provided. SECTION 35. Sessions. - The Council shall hold its regular session once every two months at such time and place to be designated by the chairman of the Council. Special sessions may be called by the chairman whenever necessary. ARTICLE VII Penal and Miscellaneous Provisions SECTION 36. Penal Provisions. - Any person who shall practice dentistry in the Philippines as defined in this Act, without a certificate of registration issued in accordance with the provisions of this Act, or has been declared exempt, or any person presenting or using as his own the certificate of registration of another, or any person who shall give any false or forged evidence to the Board in obtaining a certificate of registration, or any person who shall impersonate any registrant of like or different name, or any person who shall use a revoked or suspended certificate of registration, or 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., M.D.S., L.D.S., or D.M.D., without having been conferred such title or degree in a legally constituted schools, college or university, duly recognized and authorized to confer the same, or advertise any title or description tending to convey the impression that he is a dentist, without holding a valid certificate of registration from the Board, or any person who shall violate any provision of this Act, shall be guilty of misdemeanor and shall, upon conviction, be sentenced to a fine of not less than three thousand pesos nor more than five thousand pesos or to suffer imprisonment for a period of not less than one year nor more than five years, or both, in the discretion of the court. SECTION 37. Display of name and certificate of registration. - Every registered practicing dentist shall display in a conspicuous place in the house or office where he practices, his name and surname and he shall further display his certificate of registration in his office in plain sight of patients occupying his dental chair. Any owner or proprietor of a dental office or establishment is also under obligation to display in conspicuous places in the office or establishment and to display the certificates of registration of each and everyone of such persons in the same manner as hereinbefore provided. SECTION 38. Foreign Reciprocity. - Except in the case of persons otherwise exempt under the provisions of this Act, no dentist who is a citizen of a foreign country or a particular state shall be granted any of the rights or privileges under this Act, unless the country or state of which he is a subject or a citizen permits dentists who are Filipino citizens to practice within its territorial limits on the same basis as the subject or citizens of such country or state, but under no circumstance shall such a set-up be initiated by the Philippine government. SECTION 39. Enforcement of the Act by officers of the law. - It shall be the duty of all duly constituted officers of the law of the national, provincial, city or municipal governments, to enforce the provisions of this Act and to prosecute any person violating the same. The Secretary of Justice shall act as the legal adviser of the Board of Dental Examiners, the Council on Dental Education, and the Council for the Advancement of Dental Research and shall render such legal assistance as may be necessary in carrying out the provisions of this Act. SECTION 40. Repeal of Laws in conflict with this Act. - All 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. SECTION 41. Effectivity. - This Act shall take effect upon its approval. Approved: June 19, 1965 The Lawphil Project - Arellano Law Foundation