INTRODUCTION TO MEDICAL JURISPRUDENCE M1L1

Dr.TOPIC
Earica Y. Silla NOVEMBER 12, 2018

Outline Difference between Legal Medicine and Medical Juris

I. Definition and Scope of Medical Jurisprudence Prudence
II. Philippine Medical Education LEGAL MEDICINE MED. JURISPRUDENCE
A. Role of CHED and its Technical Committee on Medical Education
B. Role of government-recognized organizations Medicine applied to Law and Law applied to the practice of
1. Association of Philippine Medical Colleges Administration medicine
2. Philippine Accrediting Association for Schools, Colleges and
Universities
Basically originate from the Emanates from acts of
C. Admission Requirements development of medical congress, executive orders,
III. State Regulators for Medical Profession science administrative circulars,
A. PRC customs and court decisions
1. Composition, Term of Commissioners and powers
IV. Board of Medicine Branch of Medical Science Branch of Law
A. Composition, Term of Commissioners and powers Based on Principle of Based of Principles of
B. Qualification and disqualification of Board Members Coordination Subordination
Coordinates medicine to law Duty of the physician to obey
 Italics – Transers Note and justice laws and to act within the
 Box – Book bounds of law
 Broken Box – Key points and Guides
Definition and Scope of Medical Jurisprudence Functions of Law in Medicine
Law  Provides framework for establishing what medical actions in the
 Any rule of order of sequence from which any being whatsoever care of patients are legal.
will not, or cannot, or ought not to deviate.  Delineates the physician’s responsibilities from those of other
 Any warrant, instruction, measure, regulation or decision health practitioners.
governing any act, conduct, transaction or proceeding including  Help establish boundaries of independent medical action.
its consequence.  Assists in maintaining a standard of medical practice.
Medical Jurisprudence Sources of Law
 Legal aspect of Medical Practice 1. Constitution
 All laws, rules, doctrine and principles, legal opinions and 2. Law enacted by the legislative body
decisions of competent authority regarding the governance and 3. Decrees, Orders, Proclamation, Letter of instruction
regulation of the practice of medicine. 4. Administrative acts, orders, rules and regulations
o Emphasizes the duties of Physicians to their patients 5. Local customs
o Regulations for the practice of medicine 6. International Law
 Branch of law that deals with the application of law to medicine.
Purpose of the Study Philippine Medical Education
 To protect the public from charlatans and quacks who Role of CHED and its Technical Committee
preyed on the sick and disabled. CHED created by R.A 7722 (Higher Education Act of 1994)
 To promote professionalism and foster professional inter-  Constitutional Provisions (Art. XIV)
relationship among those concerned with the welfare of the o
Sec. 1. The State shall protect and promote the right of all
patient. “Mga dapat gawin hindi lang sa patients but to kapwa citizens to quality education at all levels, and shall take
doctors” appropriate steps to make such education accessible to all.
 To develop awareness of the rights, duties and obligations on o 2. Sec. 5 (2). Academic freedom shall be enjoyed in all
both health provider and patient. institutions of higher learning.
 As a counter means to control increasing number of o 3. Sec. 5 (3). Every citizen has a right to select a profession or
malpractice suits against health providers. course of study, subject to fair, reasonable, and equitable
 To explain the purpose and procedure of certain legislation admission and academic requirements.
where medical science is involved.  Regulate programs and institutions of higher learning (all
 To study the need, repeal or amendment of health care laws post-secondary educational institutions), e.g. medical schools
in harmony with recent scientific and social development. “before sa medical act of 1959, meron pang board of medical
Potent control of Quality of Medical Service: education but now wala na, CHED na nag gogovern satin”
1. Licensure law Role of Govt. recognized Organizations
2. Code of Ethics of Medical profession “this is our guide APMC (Association of Philippine Medical Colleges)
in knowing what we should/should not do”  The Umbrella organization of all medical schools in the
3. Criminal/Civil Law country. A non-stock, non-profit, voluntary organization
4. Medical Societies- “each medical society have their own incorporated under Philippine laws.
rules and regulation”
 Makes sure that medical schools offer quality education.
5. Hospital Rules and Regulations Administers the internship matching program.
6. Public Opinion- “would make or break your practice”
 Represented in the Technical Committee for Medical Education
(TCME) 1 of CHED.
 Participant in the external accreditation of the MD program of
medical schools under the PAASCU as well as the Health
Human Resource Network which was created by DOH.

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PAASCU
 A private, voluntary, non-profit and non-stock corporation.
 A service organization that accredits academic programs
which meet standards of quality education.
 Officially recognized and endorsed by DepEd as an accrediting
agency for purpose of granting progressive deregulation and
other benefits.
Admission Requirements
*dapat completo
 Completion of a bachelor’s degree in science or arts
 Taken NMAT within two (2) years from admission with ≥ 40th
percentile score (school may prescribe higher)
 Certificate of eligibility for entrance to a medical school from
the higher education institutions.
 Has not been convicted of a crime involving moral turpitude.
 Birth certificate
*Nothing shall be construed to inhibit any college of medicine
from establishing other entrance requirements. “So pwede sila
mag dagdag ng additional examination or interview depending on
the med school.”
NMAT (National Medical Admission Test)
 Tablarin vs Gutierrez GR No. 78164 July 31, 1987
o Questioned the constitutionality of NMAT kasi before wala
naman neto. 1986 lang nag simula to form somewhat a
regulation for accepting students who’ll go into medical
training.
 Supreme Court upheld the constitutionality of the NMAT as a
measure to limit the admission to medical schools only to those
who have initially proved their competence and preparation for
medical education. “so ung mga di nakapag NMAT before, di
sila nakapag medical training”
 Three-flunk rule
o DECS vs San Diego GR No. 89572 Dec 21, 1989
o Academic preparation of the applicant
o Intended to insulate the medical schools and ultimately the
medical profession from the intrusion of those not qualified
to be doctors.
“Before, in this case there was the 3 flunk rule wherein if you failed
3 times you won’t be allowed by the board to undergo medical
training” Dati may pass or fail sa NMAT, now it’s just based on
percentile. Now, this is not applicable.
Medical Internship
 Section 9 (6) of the Medical Act of 1959
“A candidate for Board examination shall have completed a
calendar year of technical training known as internship…”
“hindi ito optional, nasa batas na kailangan lahat mag undergo
ng internship before makapag apply to take the boards”
State Regulators for Medical Profession
PRC
 P.D. 223 as amended by P.D. 657
 Regulates and supervise the practice of professionals who
constitute the highly skilled manpower of the country.
 Administers and conducts licensure exams of various regulatory
boards.
 Quasi-administrative, Quasi-legislative, Quasi-judicial
Composition
 1 full-time Commissioner-term is 9 years without reappointment
 2 full-time Assoc. Commissioner-term is 6 years without
reappointment.
Transcribed by: Mdeezy, Matias Checked by: THs
INTRODUCTION TO MEDICAL JURISPRUDENCE M1L1
* Two full-time Assoc. Commissioner of a term of 3 years.
Qualifications
 At least 40 yrs. Old
 Familiar with the principles and methods at PRC at least 5 yrs.
of experience
Powers of Commission
 Enforce policies of national gov’t as regards to professions;
maintain occupational standards and ethics.
 Review, coordinate, integrate, and approve the policies,
resolutions, rules, regulations, orders, decisions, promulgated by
the Board.
 Administer and conduct licensure exams. Of various Boards;
determine the place and dates; approve release of results.
“Natagalan i-release ung recent board results since nag
kasabay sabay ung results of the different licensure exams. They
made sure to avoid technical problems in terms of their system.”
 Keep and maintain a register of the practitioners of the
profession; issue certificates or licenses
 Have custody of all records of cases, investigation, and exam
results
 Fix and collect the amount to be charged for exam, registration,
licenses, annual fees, certification, and other fees.
 Appoint officials and employees of the commission to have
performance of its functions and responsibilities- organize the
structure, abolish positions, and designate positions
appropriately when necessary.
 Submit and recommend to the President the nominees for
members of various Boards.
 May approve registration of and authorize the issuance of a
certificate of registration with or without examination to a
foreigner who is registered under the country’s law.
Provided that:
o There is provision of reciprocity and endorsement
“so hindi basta basta pwedeng mag apply ang foreigner
dito unless there is reciprocity.”
o The applicant submit documents showing that such
reciprocity is evident
o The commission may authorize the issuance of the
certificate of registration without exam or a temporary
permit to practice to any foreigner.
o Commission is also authorized to prescribe additional
requirements or grant certain privileges to foreigners
seeking registration as long as the same goes for Filipino
citizens going to their country.
Board of Medicine
Composition (Appointed by the President of the Philippines)
 6 Members- 12 ung pag pipilian ng President
o (2) 1 yr Term
o (2) 2 yr Term
o (2) 3 yr Term
* 2 new members appointed yearly to replace those whose term
expire.
Qualifications
 Natural born citizen of the Philippines
 Duly registered Physician in the Philippines
 Practice of Medicine for at least 10 years.
 Of good moral character.
 Not a member of faculty in any medical school and has no
pecuniary interest, directly or indirectly in any institution where
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 INTRODUCTION TO MEDICAL JURISPRUDENCE M1L1

any branch of medicine is taught at the time of his appointment.

(most important) to avoid conflict of interest
Power, Function and Responsibilities
 Determine and prepare licensure exams; score and rate
papers; submit result within 120 days after the last exam day
unless extended; determine passing and general rating.
 Promulgate rules and general regulation as may be necessary for
the proper conduct of the exams, correction of exams and
registration of physicians- these rules take effect 15 days after
the date of their publication in the official gazette and can’t be
changed within 60 days before any exam.
 To administer oath to physicians who qualify.
 Investigate violations to their laws and may issue summons,
subpoena and subpoena duces tecum to alleged violators and
witnesses.
 To conduct hearings or investigations of administrative
cases filed before them.
 To promulgate decisions on such administrative cases subject to
review by the commission.

References:
Doc Silla PPT
Transers notes

Transcribed by: Mdeezy, Matias Checked by: THs Page 3 of 3