MEDICAL JURISPRUDENCE

What is Jurisprudence?

The philosophy of law; includes laws, rules, regulations, study, legal documents, principles, and decisions of competent authority on how law is interpreted.

What is Medical Jurisprudence?

The law as applied to the medical practice and profession; legal framework and standards to ensure competent practice.

What is the standard of Medical Jurisprudence?

Legal standards doctors must follow to be competent practitioners.

Which is the primary state regulator of Philippine medical schools?

CHED (Commission on Higher Education).

Which body assists CHED in setting minimum standards for medical education?

Technical Panel for Medical Education (TPME).

What sanctions can CHED impose on underperforming med schools?

Suspend, impose higher standards, or terminate MD programs with <20% PLE passing rate in past 3 years.

What is the NMAT minimum required by CHED for admission?

At least 40th percentile; 50th percentile if school is on probation.

What is the minimum residence requirement in a med school (CMO No.18, s.2016)?

At least 2 years in the same medical school to graduate.

What happens if a med student fails more than 40% of courses in one year?

Dismissal from school.

What is APMC?

Association of Philippine Medical Colleges, umbrella organization of all medical schools, CHED-recognized, defines standards, assists schools, manages national internship matching.

Who appoints PRC-BOM members?

Appointed by the President of the Philippines.

What is PRC’s mandate?

Maintain high standards in admission to practice professions and safeguard licensure exam integrity (PRC Modernization Act of 2000).

What is the composition of PRC?

1 Chairperson and 2 Commissioners, all appointed by the President for 7 years (only 1 term).

What is the composition of the Board of Medicine (BOM)?

6 members including a Chairperson; appointed by the President; each serves 3 years, max 2 non-consecutive terms.

Who administers the Physician Licensure Examination (PLE)?

The Board of Medicine.

What is the minimum passing average for the PLE?

75% cumulative score, with no grade lower than 50% in any subject.

Can BOM change subjects or exam intervals of PLE?

No, subjects and exam intervals are mandated by the Medical Act of 1959.

What are BOM’s powers over physicians?

Administers exams, registers physicians, disciplines doctors, monitors practice, sets CPD units, recommends special registration, reinstates revoked licenses.

What are qualifications to be BOM member (RA 2382)?

Natural-born Filipino, duly registered physician, at least 10 years practice, good moral character, not a faculty member, no pecuniary interest in med schools.

Can naturalized Filipinos be BOM members?

No, only natural-born citizens are qualified.

What are disqualifications to be BOM member (EO 496 s.1991)?

Completed 2 terms, incumbent national PMA officer, or using influence to seek nomination.

Which agency regulates hospitals in PH?

DOH - Health Facilities and Services Regulatory Bureau (HFSRB).

What are DOH-HFSRB functions?

Sets standards, issues permits & licenses, inspects facilities, provides advisory services, acts on complaints, can close/revoke hospital licenses.

How are hospitals classified by ownership?

Government (DOH, LGU, military, state universities) or Private (NGOs, companies).

How are hospitals classified by scope of services?

General hospitals (internal medicine, pedia, surgery, OB-GYN) or Specialty hospitals (NCMH, PCMC, Orthopedic Center).

How are hospitals classified by functional capacity?

Levels 1, 2, 3 (higher levels can do everything lower levels can).

What is the basis of State Regulation of medicine?

Police power – the State’s inherent power to regulate for public welfare, especially health.

What did US v. Dominador Gomez (1915) say?

Only persons with skill and knowledge should be permitted to practice medicine and surgery.

What did Kho Jr. v. Halili say?

License to practice is not an inherent right but a privilege with responsibilities.

At what age can you be issued a Certificate of Registration to practice medicine?

At least 21 years old.

What are qualifications to practice medicine in PH?

At least 21, PLE passer, holder of valid PRC Certificate of Registration.

What are qualifications to take the board exam (RA 2382)?

Filipino citizen or under reciprocity, good moral character, sound mind, not convicted of moral turpitude, MD degree from CHED-recognized school, completed 1-year internship.

What is the Reciprocity Rule (RA 8981)?

Foreigners may practice in PH if Filipino MDs can practice in their country under similar conditions.

What is PD 541 (Balikbayan Physician)?

Allows former Filipino MDs naturalized abroad to practice again in PH if PRC-registered, in good standing, and paying PH income taxes.

What are disqualifications to practice medicine?

Convicted of crime involving moral turpitude, guilty of immoral/dishonorable conduct, declared of unsound mind.

What is immoral or dishonorable conduct?

Willful, shameless acts showing moral indifference to respectable society; may be outside medical practice (e.g. adultery, child neglect).

What is limited practice of medicine?

Allowed practice without full qualifications under law (e.g. emergencies, foreign MDs with temporary permits, US military doctors).

What are the three kinds of limited practice without full PRC registration?

SOH authorization (emergencies), PRC authorization (foreign MDs with STP), or no authorization (US military doctors treating own troops).

What is a Special Temporary Permit (STP)?

Authorization for foreign MDs to practice medicine in PH for ≤1 year, renewable by PRC.

What is a Temporary Training Permit (TTP)?

Permit for foreign MDs to undergo residency/fellowship in PH; validity co-terminus with training program.

What are qualifications for foreign MDs (FMPs) to do residency/fellowship in PH?

Registered in home country, unpaid residency/fellowship slot, passed/exempted qualifying exam (ASEAN exemption).

What are disqualifications for foreign MDs in PH training?

Charged/found guilty of moral turpitude, negligence, malpractice, or impairment affecting competence.