December 14, 2007

PRC BOARD OF DENTISTRY RESOLUTION NO. 12-07

RULES AND REGULATIONS OF REPUBLIC ACT NUMBERED NINETY-FOUR AND EIGHTY-FOUR (R.A. NO. 9484), KNOWN AS "THE PHILIPPINE DENTAL ACT OF 2007"

Pursuant to Section 6, Par. (a) Article II and Section 37, Article VI of R.A. No. 9484, "AN ACT TO REGULATE THE PRACTICE OF DENTISTRY, DENTAL HYGIENE, AND DENTAL TECHNOLOGY IN THE PHILIPPINES, AND APPROPRIATING FUNDS THEREFOR, KNOWN AS THE "PHILIPPINE DENTAL ACT OF 2007", REPEALING FOR THE PURPOSE REPUBLIC ACT NO. 4419, OTHERWISE KNOWN AS AN ACT TO REGULATE THE PRACTICE OF DENTISTRY IN THE PHILIPPINES AND FOR OTHER PURPOSES", AND REPUBLIC ACT NO. 768, OTHERWISE KNOWN AS "AN ACT TO REGULATE THE PRACTICE OF DENTAL HYGIENE IN THE PHILIPPINES, AND FOR OTHER PURPOSES," the Professional Regulatory Board of Dentistry hereby promulgates, subject to the approval of the Professional Regulation Commission, the following rules and regulations to effectively carry out the provisions of R.A. 9484. 1uplaw08

RULE I

Short Title, Statement of Policy, Objectives and Scope of Practice

SECTION 1. Short Title. — This Resolution shall be known in short as the "Rules and Regulations of the Philippine Dental Act of 2007", hereinafter referred to as "RR of R.A. 9484", or "RRPDA of 2007", or simply "RR".

SECTION 2. Statement of Policy. — The State recognizes the importance of dentists, dental hygienists and dental technologists in nation building. Hence it shall develop and nurture competent, productive, morally-upright and well-rounded dentists, dental hygienists and dental technologist whose standards of professional practice and service shall be excellent, qualitative, world-class and internationally recognized globally competitive through regulatory measures, programs and activities that foster their continuing professional development. aEDCSI

This "RR of R.A. 9484" shall be interpreted, construed, and carried out in the light of the Statement of Policy, found in Sec. 2 of R.A. No. 9484.

SECTION 3. Objectives. — This "RR" provides for:

a) The regulation, control, and supervision of the practice of dentistry, dental hygiene and dental technology in the Philippines;

b) The giving of licensure examination to graduates of recognized dental schools of dentistry, dental hygiene and dental technology for the purpose of registration;

c) The accreditation of the various specialties of dentistry;

d) The promotion and development of continuing dental education and research in the country;

e) The enforcement of the Code of Ethics and Code of Dental Practice in the Philippines; and

f) The stipulation of penalties for infractions or violations of R.A. No. 9484 or any other laws, rules and regulations authorized under the provisions of R.A. No. 9484, or this "RR". EDATSI

SECTION 4. Definition and Scope of Practice. — As used in this "RR",these terms are construed as follows:

a) Dentist — refers to a person who is a holder of a valid certificate of registration and a valid professional identification card in Dentistry who renders dental service within the meaning and intent of R.A. No. 9484 and this "RR" and who, for a fee, salary, compensation or reward, paid to him/her or through another, or even without such compensation or reward, performs any operation or part of an operation, upon the human oral cavity, jaws, teeth and surrounding tissues; prescribe drugs or medicines for the treatment of oral diseases or lesions, or prevents and/or corrects malposition of the teeth or implantation of artificial substitute for lost teeth; and teaches subjects in the Board licensure examination for Dentists; or engages in dental research; Provided however, That this provision shall not apply to dental technologists engaged in the mechanical construction of artificial dentures or fixtures or other oral devices, as long as none of such procedures is done inside the mouth of the patients; nor shall this provision apply to students of dentistry undergoing practical training in a legally constituted dental school or college under the direction and supervision of a member of the faculty who is duly registered and licensed to practice dentistry in the Philippines; or to registered and licensed dental hygienist who may be allowed to perform preventive oral hygiene procedures and other procedures or to dentistry graduates working as dental assistants to licensed and registered dentist authorized to practice dentistry in the Philippines who are engaged in private practice; Provided, Further, That these dentistry graduates work under their direct supervision. DcHSEa

b) Dental Hygienist — refers to a person who is a holder of a valid certificate of registration and a valid professional identification card and has undergone a two-year course in dental hygiene from a government-recognized school under a college of dentistry and passing the prescribed board licensure examination for dental hygienists, renders oral health promotion and preventive measures, performs scaling and polishing, oral examination, taking brief clinical history, taking radiograph, giving oral health education to patients under the supervision of a recognized and licensed dentist.

c) Dental technologist — refers to a person who is a holder of a valid certificate of registration and a valid professional identification card and who renders technical services such as mechanical construction of artificial dentures and other oral devices under the supervision of a registered and licensed dentist, and has finished a two-year certificate course in dental technology from any government-recognized school.

d) General Practitioners — refers to a registered and licensed dentist who provides basic care within a variety of disciplines like restorative, prosthetic routine, endodontic therapy, routine orthodontic cases and simple exodontias in children and adult patients. EAcTDH

e) Specialist — refers to a registered and licensed dentist who have trained in a residency or advance graduate training of a university-based program or in a hospital-based training center in Endodontics, Orthodontics, Pedodontics, Periodontics Prosthodontics and Oral Surgery.

f) Illegal Practitioner — refers to any person practicing dentistry without a valid certificate of registration and a valid professional identification card or a valid temporary/special permits obtained as a license to lawfully practice the profession from the professional regulatory board.

g) Preceptorship Program — refers to a training program in any of the six specialties in dentistry and integration of skills in a particular discipline which should be university-based run by specialist/s who have undergone extensive training or obtained a degree in an accredited dental university. cDHAES

h) Provider — refers to any dental organization of specialty groups and chapter society affiliated with the Philippine Dental Association, Inc. (the accredited and integrated professional organization of dentists, dental hygienists, and dental technologists),an international group of academicians who are accredited by the Council for the Continuing Professional Education to raise and enhance the Board of Dentistry professional's technical skills and competence.

i) Specialty Group — refers to a group of registered and licensed dentists who have undergone training in a university based training center or in an accredited preceptorship program of the Professional Regulation Commission.

j) Diplomate — refers to a registered and licensed dentist who has passed the examination given by a specialty board of any accredited dental specialty group or society in dentistry by the Professional Regulatory Board of Dentistry. caEIDA

k) University-based — refers to a school in dentistry duly accredited by the Commission on Higher Education (CHED).

l) Refresher Course — refers to a course offered by a dental school accredited by the Board of Dentistry to allow examinees who have failed for the third time to enroll and review therein prior to their admission to the board licensure examination for dentists, dental hygienists, or dental technologists.

m) Accredited School — refers to any dental school in the Philippines duly accredited by CHED with a qualification of having a high performance and standard set by the Board of Dentistry in the Board Licensure Examination for the past five years.

n) Administrative Malpractice — refers to an act in Sec. 22, (c), Art. III of R.A. No. 9484 committed by a registered and licensed dentist, dental hygienist, or dental technologist, or holder of a temporary/special permit and subject to a disciplinary action by the Board under said Sec. 22 resulting to death, or injury to the patient. DaScAI

o) Criminal Malpractice — refers to an offense committed by a registered and licensed dentist, dental hygienist, dental technologist or a holder of temporary special permit.

p) Civil Malpractice — refers to commission of a criminal or administrative malpractice by a registered and licensed dentist, dental hygienist, or dental technologist, or a holder of a temporary/special permit through awarding of damages to the patients by the regular courts.

q) Technical Services — refers to the designing and fabrication of dental appliances prescribed by the dentist to be inserted or installed in the patient's mouth and surrounding tissues, repair of previously fabricated dental appliances, and consultation services to dentists for treatment planning.

r) Dental Laboratory — refers to an establishment engaged in making, repairing, providing, or altering oral prosthodontic and orthodontic appliances which are given back to the dentist and installed to the patient. This shall include the services rendered in Dental Prosthetic Laboratory.

s) Laboratory Technician — refers to a person who provides technical services in a licensed dental laboratory under the supervision of a registered and licensed dental technologist.

t) Dental Assistant — refers to any person working as an assistant whose duty is limited to non-therapeutic and non-restorative procedure and adjunctive procedure which support the effective and efficient delivery of dental services. Such procedure shall be done on the patient under the direction and supervision of a registered and licensed dentist. EcHIDT

u) Graduate — refers to a person who is in the official list of dentistry, dental hygiene, and dental technology graduates of a recognized and legally constituted university, college, school or institute.

v) Good Moral Character — refers to the essential requisite necessary for admission to the Board licensure examination, for registration as a dentist, dental hygienist, or dental technologist, and for the continued practice of the profession. It is an inner trait or virtue which is not impaired by any offense involving moral turpitude or by any act that is immoral or amoral. It is distinct from good reputation which is externally built by others on the individual's personality and image.

w) Standard of Care — refers to the quality of the nature and manner of delivery of the dental services as established by the "Tripartite Council",subject for mandatory review and revision if needed by the council every three (3) years, or as the need arises. HICcSA

x) Purchase of Dental Products — refers to the commercial acquisition of dental products and materials, tools and equipment which may be done only by registered and licensed dentist, dental hygienist, national dental technologist, and authorized person or an institution.

y) Integration — refers to all registered and licensed dentists, hygienists, and technologists who shall be members in one integrated national association of the said professionals accredited by the Board and the Commission pursuant to R.A. No. 9484.

RULE II

The Professional Regulatory Board of Dentistry

SECTION 5. Composition of the Board. — There is hereby created a Professional Regulatory Board of Dentistry, hereinafter referred to as the Board, under the administrative control and supervision of the Professional Regulation Commission, composed of a chairman and four members who shall be appointed by the President of the Philippines from the recommendees chosen and ranked by the Commission from a list of nominees submitted by the accredited and integrated professional organization, pursuant to this R.A. No. 9484 and the appropriate executive order, and/or a Board Resolution thereon. aIcETS

SECTION 6. Powers and Functions of the Board. — The Board shall have the following specific powers and functions:

a) Promulgate, administer and enforce rules and regulations necessary for carrying out the provisions of R.A. 9484;

b) Administer oaths in connection with the administration of R.A. No. 9484;

c) Study the conditions affecting the practice of dentistry, dental hygiene, and dental technology in the Philippines;

d) Adopt or recommend such measures, or discharge such duties, as may be deemed proper for the advancement of the profession and the vigorous enforcement of R.A. No. 9484;

1. To inspect private, industrial, hospital, school, and government dental clinics,

2. To check dental laboratories,

3. To check dental suppliers, and

4. To regulate the preceptorship program of all the specialties in dentistry

e) Ensure, in coordination with the Commission on Higher Education (CHED),Technical Education and Skills Development Authority (TESDA),the Accredited Professional Organization, and the Association of Dental Colleges, that all educational institutions offering dentistry, dental hygiene, and dental technology comply with the policies, standards and requirements of the course prescribed by the CHED or TESDA in the areas of curriculum, faculty, library, and facilities; accordingly, enter into memorandum of agreement with the foregoing agencies;

f) Supervise and regulate the registration, licensure and practice of dentistry, dental hygiene and dental technology in the Philippines;

g) Adopt an official seal of the Board;

h) Issue, reinstate, suspend, or revoke the certificate of registration and professional identification card or cancel special permits for the practice of dentistry, dental hygiene, and dental technology;

i) Prescribe and/or adopt a Code of Ethics and a Code of Dental Practice for the practice of dentistry, dental hygiene and dental technology;

j) Prescribe guidelines and criteria in the Continuing Professional Education (CPE) program for dentistry, dental hygiene and dental technology;

k) Hear or investigate any violation of R.A. No. 9484 or this "RR" (its implementing rules and regulations), and the Code of Ethics for dentists, dental hygienists, and dental technologists as shall come to the knowledge of the Board and for this purpose, issue a subpoena ad testificandum or subpoena duces tecum to secure the appearance of witnesses and the production of documents in connection therewith;

l) Accredit various specialties, dental societies/organizations through promulgation of a resolution on the guidelines for the said accreditation, to include, among others: cSCTEH

1. The accreditation or recognition of specialty groups in Orthodontics, Endodontics, Periodontics, Prosthodontics, Surgery, and Pediatric Dentistry; and

2. All specialties, dental societies and organization shall get a permit from the Board of Dentistry prior to operation; and

m) Perform such other powers and functions as it may deem necessary to carry out the objectives of R.A. No. 9484 through issuance of a Board resolution on such implied necessary or incidental powers and functions to all the foregoing. IEDHAT

The policies, resolutions, and rules and regulations issued or promulgated by the Board shall be subject to review and approval by the Commission; however, the Board's decisions, resolutions, or orders which are not interlocutory, rendered in an administrative case shall be subject to review only if on appeal with the Commission. The decision of the Board and/or the Commission may be appealed to the Court of Appeals in accordance with the Rules of Court.

Duties of Chairman and Members.The Chairman shall preside at all meetings and sign all official documents, letters, correspondence involving important matters and policies of the Board summons, subpoena ad testificandum, or subpoena duces tecum.In case of temporary incapacity or absence of the Chairman, it shall be the duty of the members of the Board to attend all meetings particularly when the purpose of such meeting is to deliberate on the results of examinations or questions involving important policies of the Board. cSHIaA

Meetings.Regular monthly meetings shall be held. Special meetings may be held as often as may be necessary at the discretion of the chairman or upon the request of the majority of the Board.

SECTION 7. Qualifications of the Chairman and Members of the Board. — The chairman and members of the Board shall, at the time of his/her appointment, possess the following qualifications: DScTaC

a) Be a natural-born citizen of the Philippines and a resident thereof;

b) Be a duly registered dentist in the Philippines with a valid certificate of registration and a valid professional identification card;

c) Be a member of good standing of the accredited professional organization for the last five years: Provided, That a member of the Board may not qualify in any position, accredited and integrated professional organization of dentists, dental hygienists and dental technologists during his/her incumbency as such;

d) Have at least ten (10) years of continuous experience as dentist and preferably with three years of teaching experience;

e) Not be a member of the faculty of any school, college, or university where undergraduate and graduate courses in dentistry are taught and where dental hygiene and dental technology courses and review courses are offered, nor shall have, directly and indirectly, any pecuniary interest in such institution; and

f) Not be connected in any capacity with any business enterprise, firm or company in the buying, selling or manufacture of dental goods, equipment, materials or supplies. CAScIH

SECTION 8. Term of Office. — The chairman and the members of the Board shall serve for a term of three years from the date of their appointments and may be reappointed for another term. The member serving the last year of his term shall automatically become the chairman of the Board and shall not be able to succeed himself/herself immediately after the expiration of his/her term of office so that the term of one member shall be due to expire every year: Provided, however, That all appointments as chairman shall be approved by the President: Provided, further, That appointment for any existing vacancy or vacancies shall be made within one month from the time the vacancy occurred and shall be for the unexpired portion of the term only. AECcTS

SECTION 9. Compensation and Allowances of the Board. — The Chairman and members of the Board shall receive compensation and allowances comparable to that being received by the Chairman and members of the existing professional regulatory boards under the Commission as provided for in the annual General Appropriations Act.

SECTION 10. Suspension and Removal from Office. — Any member of the Board may, upon the recommendation of the Commission after due process of law and investigation conducted by the Commission, be suspended or removed by the President from office for cause such as neglect of duty, abuse of power, oppression, incompetence, unprofessional, unethical, immoral, or dishonorable conduct, commission or toleration of irregularities in the conduct of examination or tampering or the grades therein, or for any final judgment or conviction of any criminal offense involving moral turpitude by the court after having been given the opportunity to defend himself/herself in a proper administrative investigation. AISHcD

SECTION 11. Supervision of the Board. — The secretary of the Board shall be appointed by the Commission subject to the provisions of existing laws and all records and minutes of the deliberation of proceedings of the Board and other confidential documents shall be kept under the direct custody of the Commission. The Commission shall provide the secretariat and other support services to implement the provisions of this R.A. 9484.

The Commission in the conduct of the investigation and hearing shall be guided by Sec. 7 (s) of R.A. 8981 and PRC Resolution No. 06-342 (A), Series of 2006.

SECTION 12. Annual Report. — The Board shall, within sixty (60) days after the close of each fiscal year, prepare and submit an annual report to the Commission, giving a detailed account of the proceedings of the Board during the year, recommending measures to be adopted, with the end in view of upgrading and improving the conditions affecting the practice of Dentistry in the Philippines. TCaEIc

The Board chairman and members shall mandatorily attend the PRC Annual Corporate Planning as a commitment they pledged and signed under oath.

RULE III

Licensure Examination and Registration

SECTION 13. Examination Required. — All applicants for registration for the practice of Dentistry, Dental Hygiene, and Dental Technology shall be required to undergo a licensure examination to be given by the Board in such places and dates as the Commission may designate subject to the compliance with the requirements prescribed by the Commission in accordance with Republic Act No. 8981. EHTISC

a. Board Licensure Examination for Dentists shall be given twice a year in the month of May/June and December, for the theoretical or written examination and for every group for the practical examination.

b. Examination for Dental Hygienists shall be given once a year after the written examination for dentists in the month of June.

c. Examination for Dental Technologists shall be given once a year, every December after the written examination and the practical examination of the dentists.

SECTION 14. Qualifications for Admission to the Licensure Examination. —

a) For Dentistry. — An applicant for the licensure examination for dentists shall establish to the satisfaction of the Board that:

1. he/she is a citizen of the Philippines, or if a foreigner, he/she must prove that the country which he/she is a subject or citizen permits Filipino dentists to practice within its territorial jurisdiction on the same basis as the subjects or citizens of such country:

Proof of Philippine citizenship, in case of Filipino citizen, or proof of reciprocity in case of foreign citizen, as required by a PRC or a Board Resolution, shall be submitted in support of his/her application;

2. he/she has not been convicted of an offense involving moral turpitude:

NBI/Police clearance shall be required;

3. he/she is a graduate of a recognized and legally constituted university, college, school or institute with a degree of doctor of dental medicine or its equivalent:

Transcript of Records and Diploma/Certificate with indication of therein of graduation date and Special Order unless it is not required; and/or

4. he/she has completed the refresher course required after failing three consecutive licensure examinations:

A refresher course shall be taken in a PRC-accredited dental school and the announcement thereon shall be posted in the PRC Application Division: and a certificate thereon shall be submitted with his/her application; Certificate of Live Birth in NSO security paper, Marriage Contract in NSO Security Paper for married female applicants and other documents which may be required by the Board in support of such application and qualifications shall be submitted with the application. ESaITA

b) For Dental Hygiene. — In order to be admitted to the licensure examination for dental hygienists, an applicant must, at the time of filing his application thereof, establish to the satisfaction of the Board that:

1) he/she is a citizen of the Philippines;

2) he/she possesses good moral character;

3) he/she had finished the two years certificate in dental hygiene conferred by a recognized and legally constituted college, or school of dentistry registered with the TESDA:

Transcript of Records and Certificate with indication of graduation date and S.O.,if required shall be submitted with the application;

4) he/she has undergone on-the-job (OJT) training in a registered/accredited dental laboratory for at least six months:

Certificate of completion on the OJT shall be submitted with the application; and/or

5) he/she has completed the refresher course required after failing three consecutive licensure examinations. cIDHSC

A refresher course shall be taken in PRC-accredited dental school which will be posted in the PRC Application Division; and a certificate thereon shall be submitted with the application.

c) For Dental Technology.— In order to be admitted to the licensure examination for dental technology, an application must, at the time of filing his/her application thereof, establish to the satisfaction of the Board that: TaDIHc

1) he/she is a citizen of the Philippines;

2) he/she possesses good moral character;

3) he/she had finished the two years certificate in dental technology conferred by a recognized and legally constituted college, or school of dentistry registered with the TESDA;

4) he/she has undergone on-the-job training in a registered/accredited dental laboratory for at least six months; and/or

5) he/she has completed the refresher course required after failing three consecutive licensure examinations:

A refresher course shall be taken in PRC-accredited dental school which will be posted in the PRC Application Division and a certificate thereon shall be submitted with the application. HIcTDE

Form of Application.— An application for examination and registration must be properly accomplished in handwriting of the applicant on the PRC forms and shall be filed not later than twenty (20) days in the Central Office before the date of the examination. A recent photo with name tag must be attached. Prescribed fees must be paid.

Approval of Application. — The PRC Application Division shall go over the application. At least three (3) Members of the Board shall approve the application. In case the former cannot do so, the Application Division shall satisfy itself that each applicant possesses the qualifications prescribed by R.A. No. 9258 and this "RR".

SECTION 15. Scope of Examination. — An examination shall be given in English to the Board licensure examination applicants for dentists, dental hygienists and dental technologists, which shall include, but not limited to, the following:

a) For Dentists.— General anatomy, oral anatomy, general and microscopic anatomy and embryology, general and oral physiology, general and oral pathology, pharmacology, microbiology, nutrition, dental materials, restorative dentistry, prosthodontics, orthodontics, pedodontics, pediatric dentistry, oral physiology, anesthesiology, oral diagnosis and treatment planning, endodontics, periodontics, roentgenology, oral surgery, dental jurisprudence and ethics, community dentistry and practice management.

b) For Dental Hygienists.— oral anatomy, oral physiology, complete, fixed and removable prosthodontics, ceramics, orthodontic appliances, dental materials, dental jurisprudence and ethics, basic computer. AaEcHC

The Board may recluster, rearrange, modify, add thereto, or exclude therefrom, and prescribe subjects as the need arises.

SECTION 16. Ratings in the Examinations. — The licensure examination shall consist of both written and practical tests and in order to pass the examination, an examinee must obtain a general weighted average of at least seventy-five percent (75%) with no rating below fifty percent (50%) in any subject.

1. An examinee in dentistry is qualified to take the practical examination if he/she passed the written or the practical phase of the examination with an average grade of no less than seventy five percent (75%).

2. An examinee with a grade below seventy percent (70%) in the practical examination is considered failed even if the general weighted average in both the theoretical and practical phase is no less than seventy five percent (75%).

3. The percentage equivalent of the written or theoretical phase of the examination is sixty percent (60%) and forty percent (40%) for the practical phase of the examination, respectively. IDTSEH

4. An examinee in dental hygiene must obtain a general weighted average of seventy-five percent (75%) with no grade below fifty percent (50%) in any subject.

5. An examinee in dental technology must obtain a general weighted average of seventy-five percent (75%) with no grade below fifty percent (50%) in any subject.

The Board may adopt its own internal procedure on the implementation of these provisions.

SECTION 17. Report of the Results of the Examinations. — The Board shall submit to the Commission the ratings obtained by each candidate within twenty (20) days after the last day of examination unless extended for just cause.

SECTION 18. Oath. — All successful examinees and registrants without examination shall be required to take a professional oath before any member of the Board or any other person authorized by the Commission or by law before they start their practice. They shall be required to register in person.

SECTION 19. Issuance of the Certificate of Registration and Professional Identification Card. — A certificate of registration shall be issued to examinees who pass the licensure examination for dentistry subject to payment of fees prescribed by the Commission. The certificate of registration shall bear the signature of the Board and the Commission, indicating that the person named therein is entitled to practice the profession with all the benefits and privileges appurtenant thereto. The certificate of registration shall remain in force and effect until revoked or suspended in accordance with this R.A. No. 9484.

A professional identification card bearing the registration number, date of issuance, expiry date duly signed by the chairperson of the Commission shall likewise be issued to every registrant upon payment of the required fees. The professional identification card shall be renewed every three years upon payment of fees and upon satisfying the requirements of the Board, e.g.,CPE units (if by law this becomes mandatory) and APO certificates of membership in good standing with the O.R. of membership fees/dues payments. The Board may issue a Board Resolution thereon.

SECTION 20. Fees for Examination and Registration. — Every applicant to the licensure examination for dentistry shall pay an examination fee and a registration fee as determined and fixed by the Commission.

SECTION 21. Refusal to Issue Certificates for Certain Causes. — The Board shall refuse to issue a certificate of registration to any successful examinee who has been convicted by a court of competent jurisdiction of any criminal offense involving moral turpitude or has been found guilty of immoral or dishonorable conduct after investigation by the Board, or has been declared to be of unsound mind. The reason for the refusal shall be set forth in writing.

SECTION 22. Revocation or Suspension of Certificate of Registration and Professional Identification Card and Cancellation of Temporary/Special Permit. — The Board shall have the power to recommend the nullification or suspension of the validity of the certificate of registration and professional identification card of a dentist, dental hygienist and dental technologist or the cancellation of a temporary/special permit for any of the causes mentioned in the preceding section, or for:

(a) Unprofessional and unethical conduct;

(b) Malpractice;

(c) Incompetence, serious ignorance or negligence in the practice of dentistry, dental hygiene and dental technology;

(d) Willful destruction or mutilation of a natural tooth of a patient with the deliberate purpose of substituting the same by an unnecessary or unessential artificial tooth;

(e) For making use of fraud, deceitful or false statement to obtain a certificate of registration;

(f) For alcoholism or drug addiction causing him/her to become incompetent to practice dentistry, dental hygiene and dental technology;

(g) 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, dental hygiene and dental technology in the Philippines;

(h) 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/her clientele;

(i) For making false advertisements, publishing or circulating fraudulent or deceitful allegations regarding his/her professional attainment, skill or knowledge, or methods of treatment, employed by him; and

(j) Utter disregard and continuous violation of any of the provisions of this Act; Provided, That the action of the Board in the exercise of this power shall be appealable to the Commission. acIASE

A written complaint sworn to by the person making it against the applicant or holder thereof shall be filed with the Board through the Legal and Investigation Office and heard in a public hearing conducted by the Board.

Any person, firm, or association may file charges in accordance with the provisions of this section against any registrant, or the Board may motu proprio investigate and/or take cognizance of acts and practices constituting sufficient cause for suspension or revocation of the Certificate of Registration by proper resolution or order. cIHCST

The rules on administrative investigation issued by the Commission shall govern the hearing or investigation of the case, subject to applicable provisions of R.A. No. 9484, R.A. No. 8981, PRC Resolution No. 06-342 (A), Series of 2006, and the Rules of Court.

SECTION 23. Reinstatement, Reissuance or Replacement of Certificate of Registration and Professional Identification Card. — Two years after the date of revocation, the Board may upon application and for reasons deemed proper and sufficient, reinstate any revoked certificate of registration and reissue a professional identification card; and in so doing, the Board may, in its discretion, exempt the applicant from taking another examination. AHDcCT

The Board shall issue a Resolution, subject to approval by the Commission in granting a petition for reinstatement to the practice of the profession.

SECTION 24. Issuance of Special/Temporary Special Permit to Foreigners. — Certificates of Registration shall not be required of: (a) commissioned dental officers of the army, navy, and air force of any foreign country whose operations in the Philippines are permitted by the government while rendering dental service as such for the members of said forces only; and (b) of dentists and oral surgeons from other countries who are invited for consultation, demonstrations, medical missions or under an exchange visitor program as a member of a teaching faculty: Provided, That in such cases their work shall be limited to the specific task assigned to them, and: Provided, further, That a special permit has been previously granted by the Board and the Commission stating therein the duration of such permit:

Provided, furthermore, That the Board may designate the accredited professional organization, through its constituent chapters and affiliates, to monitor such activities. IAEcaH

The PRC Resolution thereon, in so far as they are applicable thereto, shall be invoked in granting such permit.

RULE IV

Practice of Dentistry, Dental Hygiene and Dental Technology

SECTION 25. Code of Ethics and Code of Dental Practice for Dentists. — The Board shall adopt and promulgate the Code of Ethics and Code of Dental Practice of dentists, dental hygienists and dental technologists prescribed and issued by the accredited professional organization of dentists. Two (2) separate resolutions shall be issued by the Board, subject to approval by the Commission. ESCTIA

SECTION 26. Vested Rights. — All dentists and dental hygienists registered at the time this law takes effect shall automatically be registered under the provisions hereof, subject, however, to the provisions herein set forth as to future requirements. Certificates of registration held by such persons in good standing shall have the same force and effects as though issued after the passage of R.A. 9484. CTDHSE

SECTION 27. Registration without Examination for Dental Hygienists and Dental Technologists. — A person who possesses the equivalent qualifications required for admission in the examination for dental hygienist or dental technologist pursuant to this Act, may be registered without examination: Provided, That the applicant files with the Board within three years after the effectivity of R.A. 9484, an application for registration and issuance of certificate of registration and professional identification card, by submitting credentials showing that the applicants, before the effectivity of this R.A. 9484:

(a) Had been given a certificate in dental hygiene or dental technology by a duly recognized college, school or institution and had at least three years actual experience as dental hygienist or dental technologist in an accredited or licensed dental clinic or laboratory; or

(b) Had been practicing as a dental hygienist or dental technologist for at least five years in a licensed dental laboratory or clinic under the supervision of a dentist and had attended a training course given by an accredited school or institution accredited and certified by TESDA. ISEHTa

SECTION 28. Display of Name and Certificate of Registration. — Every registered practicing dentist, dental hygienist and dental technologist shall display in a conspicuous place in the building or office where he/she practices, his/her name and his/her certificate of registration in plain sight of patients who enter the dental office, or dental clinic or dental laboratory. In the case where the dentist has more than one clinic, the original certificate of registration should be displayed in his/her main office or clinic, and he/she shall display a copy of his/her certified original certificate of registration in the other branch or branches of his/her practice. Any owner or proprietor of a dental office or establishment shall display the certificates of registration of each and everyone of such persons in the same manner as hereinafter provided.

SECTION 29. Continuing Professional Education. — The PRC Board in collaboration with the accredited professional organization (APO) shall implement the continuing professional education among practicing dentists, dental hygienists and dental technologists in consonance with the guidelines of the Continuing Professional Education (CPE) Council of the Commission. Exemption from the CPE program may be applied for upon reaching the age of sixty-five (65). ADSTCI

SECTION 30. Integration of Dentists, Dental Hygienists and Dental Technologists. — All registered dentists, dental hygienists and dental technologists shall be integrated into one national organization which shall be recognized by the Board and accredited by the Commission as the one and only accredited integrated association to which all dentists, dental hygienists, and dental technologists shall belong. Henceforth, all dentists, dental hygienists and dental technologists to be registered with the Board shall automatically become members of the accredited professional organization upon payment of required fees and dues. Membership in the accredited and integrated national organization of dentists, dental hygienists and dental technologists shall not be a bar to membership in other associations of dentists, dental hygienists, and dental technologists.

SECTION 31. Foreign Reciprocity. — Unless the country of which he/she is a subject or citizen specifically permits Filipino dentists to practice within its territorial limits on the same basis as the subject or citizens of such foreign state or country under reciprocity and under international agreements, no foreigner shall be admitted to the examination and be given a certificate of registration to practice as a dentist and be entitled to any of the privileges under R.A. No. 9484 and this "RR". TcSCEa

The PRC Resolution thereon shall, in so far as they are applicable, be invoked in granting the privilege to practice dentistry in the Philippines.

SECTION 32. Roster of Dentists, Dental Hygienists, and Dental Technologists. — The Board, in coordination with the accredited professional organization (APO),shall maintain a roster of the names, residences and the addresses of all registered dentists, dental hygienists, and dental technologists and shall make this roster available to the public upon request.

 

RULE V

Penal Provision and Enforcement of the Act

SECTION 33. Penal Provisions. — The following shall be punished by a fine of not less than Two hundred thousand pesos (P200,000.00) nor more than Five hundred thousand pesos (P500,000.00) or to suffer imprisonment for a period of not less than two years and one day nor more than five years, or both, in the discretion of the court:

(a) Any person who shall practice dentistry, dental hygiene or dental technology in the Philippines as defined in R.A. No. 9484, without a certificate of registration and professional identification card and a special permit issued in accordance with the provisions of R.A. 9484 and this "RR", or has been declared exempt;

(b) Any person who practice the profession to whom the definition of the practice of dentistry, dental hygiene or dental technology does not apply;

(c) Any registered and licensed dentist who shall abet the illegal practice of dentistry;

(d) Any person presenting or using as his/her own the certificate of registration and professional identification card and special permit of another;

(e) Any person who shall give any false or forged evidence to the Board in obtaining a certificate of registration;

(f) Any person who shall impersonate any registrant of like or different name;

(g) Any person who shall use a revoked or suspended certificate or registration and professional identification card;

(h) 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.,L.D.S.,or D.M.D. without having been conferred such title or degree in a legally constituted school, college or university, duly recognized and authorized to confer the same or other degrees; and

(i) Any person who advertises any title or description tending to convey the impression that he/she is a dentist without holding valid certificate of registration and professional identification card and special permit from the Board. aAcHCT

SECTION 34. Enforcement of R.A. No. 9484. — It shall be the duty of all constituted officers of the law of the national, provincial, city, municipal or barangay level of the government, to enforce the provisions of R.A. No. 9484 as well as the rules and regulations pertinent thereto, and to prosecute any person violating the same. The Secretary of Justice shall act as the legal adviser of the Board and the Commission and shall render such legal assistance as may be necessary in carrying out the provisions of R.A. No. 9484.

RULE VI

Miscellaneous Provisions

SECTION 35. Funding Provision. — The Chairperson of the Professional Regulation Commission shall immediately include the Commission's programs for the implementation of R.A. No. 9484, the funding of which shall be included in the Annual General Appropriations Act. ASEcHI

SECTION 36. Transitory Provision. — The existing Board shall continue to function in the interim until such time that the new Professional Regulatory Board of Dentistry shall have been constituted pursuant to R.A. No. 9484.

SECTION 37. Implementing Rules and Regulations. — The Board, in coordination with the accredited professional organization and with the approval of the Commission, shall promulgate, adopt, and implement such rules and regulations to carry out the provisions of R.A. No. 9484.

SECTION 38. Separability Clause. — If any section or provision of R.A. 9484 shall be declared invalid or unconstitutional, such shall not invalidate any other section or provision thereof. CcAHEI

SECTION 39. Repealing Clause. — Any provision/s of the rules, regulations, codes, orders, resolutions, measures, and other policies or part(s) thereof issued pursuant to R.A. Nos. 4419 and 768, R.A. No. 8981, and the other laws which are inconsistent with this "RR" (the "Rules and Regulations of the Philippine Dental Act of 2007" or "RR of R.A. No. 9484," or "RRPDA of 2007", are hereby superseded, repealed, or amended accordingly.

SECTION 40. Effectivity. — This "RR" shall take effect after fifteen (15) days following its full and complete publication in the Official Gazette or in any newspaper of general circulation in the Philippines. ITcCSA

December 14, 2007.

(SGD.) MARIA TERESA DE JESUS-AMADOR, DDMChairman

(SGD.) ROSITA C. NISCE, DDMMember

(SGD.) NORMA REYES-AYAP, DDMMember

(SGD.) DANIEL G. FERARO, DDMMember

ATTESTED BY:

(SGD.) CARLOS G. ALMELORSecretary

APPROVED:

(SGD.) LEONOR TRIPON-ROSEROChairperson

(SGD.) RUTH RANA PADILLACommissioner

(SGD.) NILO L. ROSASCommissioner

Published in the Official Gazette, Vol. 104, No. 8 on February 25, 2008.