MedJuris-INTRO 2019 AMA

Atty. Malaya Capulong, M.D., D.P.A.F.
P
Produced with a Trial Version of PDF Annotator - www.PDFAnnotator.com
R.A. 2382 (as amended)
The Medical Act of 1959
ØRegulates the practice of medicine

in the Philippines
ØDefines what constitutes practice of

medicine
R.A. 2382 (as amended)
The Medical Act of 1959
1. Promulgate rules & regulations for the conduct of
the examinations,
2. Formulate the questions for the board
examinations;
3. Correction of examination papers,
4. Registration of physicians;
5. Deliberate and approve of the grades;
6. Submit to the President the names of the
successful candidates
7. Conduct Administrative investigations
Sec. 10 – Acts constituting practice of
medicine
(a) physically examine any person, and
diagnose, treat, operate or prescribe any
remedy for human disease, injury, deformity,
physical, mental, psychical condition or any
ailment, real or imaginary, regardless of the
nature of the remedy or treatment
administered, prescribed or recommended
(b) who shall by means of signs, cards,
advertisements, written or printed matter, or
through the radio, television or any other
means of communication, either offer or
undertake by any means or method to
diagnose, treat, operate or prescribe any
r e m e d y fo r a n y h u m a n d i s e a s e , i n j u r y,
deformity, physical, mental or psychical
condition
(c) who shall falsely use the title M.D.
after his name.
Sec. 8, R.A. 2382 (as amended)
Ø At least 21 years old
Ø Passed the Board Examination
Ø Holder of a valid Certificate of
Registration issued by the
Board of Medical Examiners
Who may take the Board Examinations?
ØCitizen of the Philippines or of a
country whose laws permit Filipino
citizens to practice medicine
ØOf good moral character
ØOf sound mind
Who may take the Board Examinations?
ØHas not been convicted of a crime
involving moral turpitude
ØHolderof the degree of Doctor of
Medicine or equivalent
ØCompleted Postgraduate internship
BOARD OF MEDICINE, DR. RAUL FLORES
Chairman of the Board; PRC, HERMOGENES
POBRE, Petitioners,
vs. YASUYUKI OTA, Respondent.
FACTS: Yasuyuki Ota,
ü Japanese national,married to a filipina
ü Resided in the philippines > 10 yrs.
ü Graduated from bicol christian college of medicine
april 21, 1991
ü PGI at Jose Reyes Memorial Medical Center,
ü Applied to take the PLE
ü Required to submit an affidavit of undertaking,
stating among others that should he successfully
pass the same, he would not practice medicine until
he submits proof that reciprocity exists between
japan and the Philippines in admitting foreigners
into the practice of medicine.
BOARD OF MEDICINE, et.al. vs. OTA,
FACTS:
ü Submitted notarized English translation of the
Medical Practitioners Law of Japan authenticated by
the Consul General of the Philippine Embassy to
Japan, Jesus I. Yabes;
ü Allowed to take the Medical Board Examinations in
August 1992, which he subsequently passed.
ü Board of Medicine denied Ota's request for a license
to practice medicine in the Philippines on the ground
that the Board "believes that no genuine reciprocity
can be found in the law of Japan as there is no
Filipino or foreigner who can possibly practice there.
ü June 24, 1993 – Ota filed a Petition for Certiorari and

Mandamus against the Board before the RTC of
Manila on.
ü October 19, 2003 - RTC rendered its Decision,
respondent had adequately proved that the medical
laws of Japan allow foreigners like Filipinos to be
granted license and be admitted into the practice of
medicine under the principle of reciprocity. RTC the
Board to issue the corresponding Certificate of
Registration and/or license to practice medicine in
the Philippines.
ü The Board and the PRC appealed the case to the CA,
§ It was not shown that the conditions for the
practice of medicine there are practical and
attainable by a foreign applicant, hence,
reciprocity was not established;
§ The power of the PRC and the Board to regulate
and control the practice of medicine is
discretionary and not ministerial, hence, not
compellable by a writ of mandamus.
ü The CA denied the appeal and affirmed the ruling of
the RTC
§ Nowhere in said statutes is it stated that the

foreign applicant must show that the
conditions for the practice of medicine in
said country are practical and attainable by
Filipinos. Neither is it stated that it must first
be proven that a Filipino has been granted
license and allowed to practice his
profession in said country before a foreign
applicant may be given license to practice in
the Philippines.
§ In this case, there is no doubt as to the

competence and qualifications of
respondent. He finished his medical degree
from Bicol Christian College of Medicine,
completed a 1-yr post graduate internship
training at JRRMMC, he passed the PLE
(81.83), with scores higher than 80 in 9 of the
12 subjects.
Exemptions –
ØMedical student
ØLegally registered dentist
ØRegistered masseur or
physiotherapist
ØDuly registered optometrist
Exemptions –
ØA person who gratuitously renders
service in an emergency
ØA person who administers or
recommends household remedies
ØA clinical psychologist or mental
hygienist
ØProsthetist
Limited Practice of Medicine-
ØPhysicians from other countries
called in for consultation on
specific and definite case or
attached to international
organizations
ØCommissioned medical officers
of the US Armed Forces
Limited Practice of Medicine-
ØForeign Physicians employed as
exchange professors
ØM e d i c a l
students who have
completed first 4 years of medical
school, graduates of medicine or
RNs during epidemics or national
emergencies.
Hippocratic Oath
Board of Medicine – Code of Ethics
Code of Ethics of the Medical
Profession – Philippine Medical
Association
THE MODERN OATH OF HIPPOCRATES
You do solemnly swear, each by whatever he or she

holds most sacred:
• That you will be loyal to the Profession of
Medicine and just and generous to its members.
• That you will lead your lives and practice your
art in uprightness and honor.
• That into whatsoever house you shall enter, it
shall be for the good of the sick to the utmost of
your power, your holding yourselves far aloof from
wrong, from corruption, from the tempting of
others to vice.
THE MODERN OATH OF HIPPOCRATES
• That you will exercise your art solely for the cure
of your patients, and will give no drug, perform no
operation, for a criminal purpose, even if solicited, far
less suggest it.
• That whatsoever you shall see or hear of the lives
of men or women which is not fitting to be spoken,
you will keep inviolably secret.
• These things do you swear. Let each bow the head
in sign of acquiescence. And now, if you will be true
to this, your oath, may prosperity and good repute be
ever yours; the opposite, if you shall prove
yourselves forsworn.
From "Harvard Classics Volume 38"
Copyright 1910 by P.F. Collier and Son.
Once granted the privilege to
practice medicine said privilege
becomes a property right
protected by law.
Rights inherent to the practice of

medicine-
ü Right to choose whom to treat
ü Right to limit his/her practice
ü Right to determine appropriate
management procedures
Rights incidental to the practice of
medicine-
ü Right to be paid for medical
services rendered
ü Right to membership in medical
societies
ü Right of way when responding to
an emergency
Duties of Physicians to their Patients
ü To render medical care
ü To inform his/her patient
ü To maintain confidentiality
ü To seek help when the patient’s
condition warrants it
ü To update his knowledge and skills
Duties of a Physician to his Colleagues
ü To respect the dignity and good name
of his fellow physicians
ü To maintain a cordial and harmonious
relationship with his colleagues
ü To update a colleague as regards the
status of a patient referred to him
Duties of Physicians to the Community
ü To promote and participate in public
health activities and health education
ü To assist in the administration of
justice
ü To report illicit/illegal practices
Physician-Patient Relationship
What is the nature of the Physician-

Patient Relationship?
When does the Physician-Patient

Relationship begin?
When does the Physician-Patient

Relationship end?
What is the nature of the Physician-

Patient Relationship?
üContractual Relationship
Contractual Relationship
üConsent
üObject
üCause or Consideration
Consensual
Mutual Consent
Consensual
Ø Must be voluntary
Ø Information is adequate
Ø No deceit or fraud involved
OBJECT of the CONTRACT

v the subject matter of the
contract
The object of the contract is

medical service . . .
. . . NOT CURE!
Fiduciary
Trust and Confidence

üPre-employment PE
üPhysical examination to
determine eligibility for
insurance
üA physician performing an
autopsy
üCourt-appointed physician to
determine the if the
accused is competent to
stand trial
üWhen a physician is asked a
casual question in an
ordinary place, i.e. social
gatherings.

MedJuris-INTRO 2019 AMA

Uploaded by

Copyright:

Available Formats

You might also like

MedJuris-INTRO 2019 AMA

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

MedJuris-INTRO 2019 AMA

Uploaded by

Copyright:

Available Formats

Atty. Malaya Capulong, M.D., D.P.A.F.

ØRegulates the practice of medicine

ØDefines what constitutes practice of

ü June 24, 1993 – Ota filed a Petition for Certiorari and

§ Nowhere in said statutes is it stated that the

§ In this case, there is no doubt as to the

You do solemnly swear, each by whatever he or she

Rights inherent to the practice of

What is the nature of the Physician-

When does the Physician-Patient

When does the Physician-Patient

What is the nature of the Physician-

OBJECT of the CONTRACT

The object of the contract is

Trust and Confidence

You might also like