Evolution of Dental Legislation in the Philippines (Complete Version Lifted from my other blog www.philippinedentallegislation.blospot.com)

        Introduction

It is generally believed that the art of dentistry have been in existence since time immemorial. People who suffer from oral pain and discomfort had to seek for remedies to obtain immediate relief. In the Philippines, dental work had been performed even before and during the Spanish regime.

Before the time of the American occupation of the Philippine Islands, dentistry in the country, however crude it may be, was being done during the early times, by the Herbolarios (Herbman) or the tribe chieftains and practitioners referred to as “sacamuelas” or tooth pullers, and later on by the so-called Cirujano Ministrantes or Practicantes and further known as Cirujano Dentista.

Practice of dentistry during the Spanish Regime, was not a legally established profession for there was no statute promulgated by the Spanish Government, nor any Royal Decree from Spain which was enforced in the Islands, governing the practice of dentistry, so that any person capable of extracting teeth, could perform as such with no liability, nor be answerable for unlawful dental practice. This liberal practice could be detrimental and harmful to the general health and welfare of the people, hence the need of a law to govern and regulate the legal practice of the art.

 Law is defined as “a rule of civil conduct prescribed by the supreme power in a state, commanding what is right and prohibiting what is wrong.” It is a rule prescribed by the supreme power.

 Knowing the importance and need of having the dental practice under state regulation, the American Military occupation authorities took steps to place these practitioners under the jurisdiction of the Government.

Accordingly, the military authorities required all unregistered dental practitioners who desire to continue practicing dentistry to pass an examination before a board established by the Provost Martial-General of the City of Manila, vested in him on August 2, 1899 by the Military Governor of the Philippine Islands. The requirement marked the beginning of the trend toward state regulation of the practice of Dentistry in the country.

        The First Dental Law

After the establishment of the American Civil Government, Act No. 593, entitled “An Act Regulating the Practice of Dentistry in the Philippine Islands",was passed on January 10, 1903. Act No. 593, better known as the First Dental Law, was enacted by the Philippine Commission of the Civil Government under the authority of the American Regime, thus recognizing dentistry as a lawful established profession in the Philippines.

The law significantly provided for the creation of a Board of Dental Examiners to consist of three reputable practitioners of dental surgery as members, to be appointed by the Commissioner of Public Health with the advice and consent of the Board of Health of the Philippine Islands.

The Board of Dental Examiners was charged with the duty of examining candidates desiring to practice dentistry in the Islands and in issuing dental surgeon’s certificate to each candidate who furnished satisfactory proof that he received a diploma as Doctor of Dental Medicine or Doctor of Dental Surgery from a legally incorporated dental educational institution and who in addition, passed a satisfactory examination before the Board in the following subjects: Anatomy, Physiology, Histology, Physics, Chemistry, Metallurgy, Dental Anatomy and Physiology, Dental Pathology and Bacteriology, Orthodontia, Oral Surgery, Operative Dentistry, and Prosthetic Dentistry. The Board was further empowered to make rules and regulations not in conflict with the provisions of Act. No. 593 as may be necessary to carry out said provisions into effect.

On the basis of this first dental law, “Dental Golden Jubilee” was celebrated with the Federation of Dental Practitioners of the Philippines as host and led by Dr. Ermelo Vergel de Dios in cooperation with the Philippine Dental Association then headed by Dr. Bienvenido B. Eraña. In 2003, the “100 years of Philippine Dentistry” was celebrated during the PDA presidency of Dr. Arsenio C. Donesa. Appointed Overall National Chairman for the Centennial Celebration is Dr. Norman R. Songco, with members: Dr. Corazon Salamat Bartolo, Dr. Emerito R. Garcia and Dr. Vince L. Salting.

On February 5, 1915, a subsequent dental law known as Act No. 2462, was passed by the Philippine Assembly which provided new regulations for the examination of Dentists and the practice of dentistry in the Philippine Islands. Under Act No. 2462, the members of the Board were to be appointed by the Director of Health with the approval of the Secretary of Interior. It also required the public schools and colleges to establish a uniform curriculum as to be prescribed by the Board of Dental Examiners with the approval of the Director of Health and the Secretary of Interior.

         The Administrative Code of 1917

On March 10, 1917, the Philippine Legislature passed Act No. 2711, better known as the “Administrative Code of the Philippine Islands of 1917”. All the provisions of the laws affecting Dentistry then in force together with all the amendments made, were codified and incorporated in this Code under the heading, “Chapter 32- Board of Dental Examiners”. This chapter is known as the Dental Law. It was further provided in this law that any appointee to the Dental Board shall not be a member of the Faculty of any dental school, nor shall have any pecuniary interest in any educational institution where dentistry is being offered.

On November 13, 1929, Act No. 3538 was passed by the Philippine Legislature which requires a student to be a high school graduate before taking up dentistry. The dental course was fixed at a minimum period of four academic years leading to the degree of Doctor of Dental Medicine and to be at least twenty-one years (21) of age in order to qualify to take the licensure examinations.

        The Reorganization Law of 1932

 As in any other law or body of laws, Philippine legislation has undergone stages of development and modifications. Another important landmark in said legislation was the enactment of Act No.4007, known as the Reorganization Law of 1932, which was passed by the Philippine Legislature on December 5, 1932 and took effect on January 1, 1933. For the first time the Board of Dental Examiners was placed under the direct supervision of the Bureau of Civil Service. The Examining Boards of the Medical and Allied Professions, including the Board of Dental Examiners, were transferred from the Department of Interior to the Department of Public Instruction. This authority ended in 1941, with the Executive Order of President Manuel L. Quezon on January 17, 1941 pursuant to Commonwealth Act No. 430, transferring these Examining Boards to the Department of Health and Public Welfare.

Upon the establishment of the Republic of the Philippines on July 4, 1946, the day the United States of America granted the country its independence, the law governing the practice of dentistry in the Philippines was the law in force under the Commonwealth Government which is Chapter 32 (Sections 784 to 808) of the Revised Administrative Code, as amended by Act No. 4007 and Commonwealth Act No. 430. Not having been replaced as of July 4, 1946, the Dental Law as amended in the Revised Administrative Code was deemed to continue in force upon the establishment of the Republic of the Philippines.

        The Dental Law of 1949

In the year 1949, an entirely new dental law was enacted by the First Congress of the Republic of the Philippines, namely Republic Act No.417, entitled “An Act to Regulate the Practice of Dentistry in the Philippines and for Other Purposes”, signed into law by the then President Elpidio Quirino on June 18,1949. R.A. No.417, repealed all laws, parts of the laws, orders, ordinances, or regulations in conflict with its provisions, as pertain to the practice of dentistry.

One notable feature of the law was the requirement of a two-year Pre- Dental Course before taking up Dental Proper, which was to be effective after 2 years, or starting June 1951, thereby increasing the entire Dentistry Course from 4 to 6 years.

Another noticeable provision was the restoration of the Practical Examination. It will be recalled that the practical test was abolished earlier on through a resolution promulgated by the Department of Health, then headed and approved by Health Secretary Dr. Antonio Villarama, which had been enforced starting with the December 1947 Dentists Licensure Examinations. With the implementation of R.A. No.417, both the Theoretical and Performance Tests were again conducted during the December 1949 Dental Board Examinations and in all the dentists licensure examinations scheduled semi-annually, thereafter.

Republic Act No. 546, which was enacted by the Second Congress of the Philippines and approved by the President on June 17, 1950, reorganized and placed all the Boards of Examiners under the direct supervision of the Office of the President and made the Chief Executive the appointing power of the Examining Boards of all the accredited professions thereby, including the Board of Dental Examiners.

        First Dentist Congressman

In the National Elections held in November 1949, a very active Dentist in the person of Dr. Ricardo Y. Ladrido, won a seat in Congress representing the Fourth District of the province of Iloilo, earning the honor of becoming the First Dentist- Congressman in the country. As a dentist turned lawmaker, Cong. Ladrido served very creditably and meritoriously during his tenure in Congress. He was able to effectively sponsor and introduce several House Bills and Resolutions, especially those related to the enhancement of the status and standard of the profession in the Philippines. Among many others, these important bills passed by Congress and signed into law by the President, include the following Republic Acts:

1)    R.A. No. 480, an Act raising the original rank of dentists joining the military service to the grade of 1^st Lieutenant, up from 2^nd Lieutenant before the new law. Approved June 10, 1950.

2)    R.A. No. 481- Creation of the AFP Dental Corps, as independent from the Medical Corps, for greater autonomy in the Dental Service in the Armed Forces of the Philippines. Approved on June 10, 1950.

3)    R.A. No. 768- The Philippine Dental Hygienist Law entitled “An Act to Regulate the Practice of Dental Hygienists in the Philippines”. Approved June 20, 1952.

4)    R.A. No.951, An Act to provide Dental Services in Private Schools. Approved in 1953.

5)    R.A. No.1054, Amending R.A. No. 239, providing free emergency dental treatment for Employees of Industrial, Commercial, and Agricultural Establishments. Approved June 1954.

6)    R.A. No.1082, approved on June 15, 1954, and amended by R.A. No.1891, approved on June 22, 1957. Strengthening the Health and Dental Services in the Rural Areas by Providing a Public Health Dentist, and with a Dental Helper in every Congressional District.

7)    R.A. No.2620, An Act Nationalizing the Medical and Dental Services in Public Schools.

8)    R.A. No. 3814, “An Act Creating the Bureau of Dental Health Services”. The Act was passed and approved in 1964, and implemented in 1965, with the appointment of Dr. Agaton A.Ursua, a former Congressman from Camarines Sur and a PDA Past President, as Ad-interim Director of the Bureau, by President Diosdado Macapagal. Dr. Emilio M. Sison, a career executive of the Bureau under the Dept. of Health, took over as the First Director in 1966, with his appointment by President Ferdinand E. Marcos.                                 

It should be acknowledged that for his many achievements and dedication to duty, Congressman Ladrido was re-elected by his constituents for three times, thereby serving four consecutive terms in the House of Representatives from his 1^st election in 1949 to December 1965 for a period of sixteen (16) years.

        The Philippine Dental Act of 1965

In 1965, the Dental Law of 1949 or R.A. No. 417, was set aside and superseded by R.A. No.4419, passed by the Fifth Congress of the Philippines and signed into law by President Diosdado Macapagal on June 19, 1965.

A salient provision of this Dental Act of 1965 was the increase of the members in the composition of the Board of Dental Examiners from 3 to 5 members and their respective term of office, also raised to five years. The law created, in addition to the Board of Dental Examiners, the Council on Dental Education, for the regulation and standardization of dental education, and the Council for the Advancement of Dental Research, to promote and develop dental research in the Philippines.

The Penal Provision states that, 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 P3,000 nor more than P5,000 or to suffer an imprisonment for a period of not less than one year nor more than 5 years, or both, in the discretion of the court. The penalty provided for violation of this dental law, although may be ample during those few years, is however now too light in these present times.

        Professional Regulation Commission

During the early years of the Martial Law Regime, which was declared under Proclamation No. 1081, dated September 21, 1972, President Ferdinand E. Marcos issued Presidential Decree No. 223, which ordered the autonomy of the Boards of Examiners from the Civil Service Commission, and created the “Professional Regulation Commission”, under the Office of the President. It shall be headed by the Commissioner and two Associate Commissioners. The Board of Dental Examiners was then re-named as the Board of Dentistry.

P.D. No.223 has presently been repealed with the enactment and implementation of R.A. No.8981. At the present instant, the dental profession is highly honored now that the incumbent head as Chairperson of the PRC is a lady dentist, Dr. Leonor Tripon Rosero.

        National Dental Health Month

On February 24, 2004, President Gloria Macapagal Arroyo issued Proclamation No. 559, declaring the month of February of every year, as National Dental Health Month, amending Proclamation No. 235, signed by then President Elpidio Quirino on January 24, 1951, declaring February 3-9 of each year as National Dental Health Week, for “fully realizing the vital role that the dental profession plays in the maintenance of a healthy citizenry to enable the dental profession to carry out its mission more effectively by arousing the dental health consciousness of the people”. President Gloria Arroyo extended the celebration to a whole month to reach out more Filipinos especially in the countryside and make them more conscious about the value of good oral and dental health.

Dental Health Week has been celebrated in the past for 54 years, from 1951 to 2004, and February this year (2008), marks the 4^th annual observance of the National Dental Health Month, since 2005.

Essentially, the dental law of the Philippines, in all the stages of its evolution, is the fundamental objective that, legislation governing the practice of dentistry should aim at protecting the public against unqualified and unlicensed persons and establishing the necessary ethical and professional standards among members of the profession, so that persons desiring to engage in the practice of Dentistry may know what degree of skill and competence they ought to attain, thereupon fortifying public faith and confidence to the persons granted the privilege of practicing dentistry in the Philippines.

        The Philippine Dental Act of 2007

A seven-man Legislation Committee with proven leadership capabilities were appointed last July 6, 2004 to review the proposed amendments to  

the “Philippine Dental Act of 1965” and the passage of a revised and new Dental Act. The committee headed by Dr. Diampo J. Lim (former Dean UE College of Dentistry & PDA Past President) has six members namely:

1)    Dr. Aurelio B. Ramos, Jr. - former Dean UP College of Dentistry & Past Chairman of the Board of Dentistry.

2)    Dr. Victor Valdez- Past Speaker PDA House of Delegates

3)    Dr. Primo E. Gonzales- Former Chairman Board of Dentistry & PDA Past President.

4)    Dr. Antonio A. Baldemor- Chairman Board of Dentistry.

5)    Dr. Norman R. Songco- Chairman 100 years of Philippine Dentistry

6)    Dr. Hermogenes Villareal- PDA Past President

The Dental Act of 1965 has been in force for more than four decades and certainly amendments are imperative to update and upgrade its provisions to make it conform with present day realities and standards, and to keep pace with current developments and activities of the profession and its allied disciplines.

Fortunately, a new and entirely revised Dental Act, was passed and approved during the Third Special Session of the Thirteenth Congress of the Philippines and signed into law by President Gloria Macapagal Arroyo on June 02,2007, as Republic Act No.9484, and shall be known as the Philippine Dental Act of 2007.

R.A. No.9484, is now in force and operation, and repeals R.A.No.4419, known as the Philippine Dental Act of 1965, and R.A. No.768 or the Philippine Dental Hygienists Law. The new Dental Act provides for the regulation, control, and supervision of the practice of dentistry, dental hygiene, and dental technology in the Philippines. This includes the giving of their respective licensure examinations for the purpose of registration, the accreditation of various specialties of dentistry, and promotion and development of continuing dental education and research in the country, and the enforcement of the Code of Ethics and Code of Dental Practice in the Philippines.

In lieu of the erstwhile Board of Dental Examiners, renamed the Board of Dentistry, the new law created a Professional Regulatory Board of Dentistry under the administrative control and supervision of the Professional Regulation Commission (PRC), composed of a chairman and four members who shall be appointed by the President. The Board shall be vested with all the powers and functions necessary to carry out objectives of this present law.

The penal provision for violation of this act, stipulates a fine of not less than two hundred thousand pesos (P200,000) nor more than five hundred thousand pesos (P500,000) or to suffer the 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.

Over the years of eager waiting, at last through the untiring efforts of the Philippine Dental Association and with the cooperation of the Congress of the Philippines, we finally realized to have a dental act with its provisions more attuned to the prevailing state of the current times, now in force and effects.

References:

1)    Administrative Code of the Philippine Islands of 1917. “Chapter 32- Board of Dental Examiners” (The Dental Law) Act No.2711

2)    Rodriguez, G.Y. “Some Episodes in Philippine Dental History”, Souvenir Magazine, 72^nd Anniversary and Annual Meeting of PDA Pampanga Chapter on October 25, 2003, pp.23-28, and Journal of the PDA, Volume 55, No.2, October-December 2003.

3)    Republic Act No. 417, “An Act to Regulate the Practice of Dentistry and for Other Purposes”, First Congress of the Republic of the Philippines, June 18, 1949.

4)    Republic Act No. 4419, “The Philippine Dental Act of 1965”, Fifth Congress of the Philippines, June 19, 1965.

5)    Republic Act No. 9484, “The Philippine Dental Act of 2007”, Third Special Session, Thirteenth Congress of the Philippines, June 2, 2007.

6)    All the other relevant government statutes and Republic Acts concerning the practice of the art and science of dentistry in the Philippines as mentioned herein, and also explained briefly in this foregoing article.

                                         -Acknowledgement-

I extend my most sincere appreciation and heartfelt thanks to all the reliable sources who provided me the factual information in the completion of the preceding article, and my apology to any error of omission or commission.