[MJ.05] Practice of Medicine V2.2.pdf

A privilege granted by the state to a person to perform medical acts upon compliance with law

What is the legal definition of the Practice of Medicine?

Section 10 of the Medical Act of 1959 as amended

Which section of the Medical Act defines the Practice of Medicine?

Diagnosis, treatment, correction, advisement, or prescription for any human disease, ailment, injury, infirmity, deformity, pain or other condition, physical or mental, real or imaginary

According to Ng & Po (2006), what is included in the practice of medicine?

Republic Act No. 2382

What is the official legislative name for the Medical Act of 1959?

Sections 8, 10, and 11 of the Medical Act of 1959

Which sections of the Medical Act of 1959 are referenced by Atty. Dy?

Compensation, Advertisement, and Falsely Uses the Title of M.D.

What are the three acts that constitute the Practice of Medicine as defined by Section 10 of the Medical Act?

Article III, Section 10

Where is the definition of the acts constituting the practice of medicine found in R.A. 2382?

A person shall be considered as engaged in the practice of medicine

What is the legal status assigned to someone who performs the three acts enumerated in Section 10 of the Medical Act?

Physically examine any person, and diagnose, treat, operate or prescribe any remedy

What specific medical actions, when performed, constitute the practice of medicine under Act 1 (Compensation)?

With or without compensation, fee, salary or reward

Under Act 1, payment or reward in any form paid directly or through another affects the act how?

Diagnosis

What act, under Section 10, is defined as a mental process whereby one appraises a situation and makes a decision based on their judgment, that may or may not lead to action?

Treatment

What act is defined as all steps to effect a cure of an injury or disease, including examination, diagnosis, and application of remedies?

Operation

What act is defined as an act or succession of acts performed upon the body of the patient for his relief or restoration, either by manipulation or the use of surgical instruments or both?

Prescription

What is defined as a direction of a remedy or remedies for a disease and the manner of using the remedy or remedies to cure the disease?

To direct, designate, and use a remedy

What does it mean to prescribe?

Regardless of the nature and remedy of treatment administered

Under Act 1, the nature of the remedy or treatment administered affects the definition of the practice of medicine how?

People vs. Quebral

In which case was the accused charged with illegal practice of medicine for diagnosing, treating, and prescribing for diseases and receiving monetary compensation without a proper certificate of registration?

Without proof of payment

What did the accused in People vs. Hatani allege, which was rejected because the law punishes acts of medicine whether or not done for a fee?

Positive testimony, medico-legal reports, Handwriting Identification Report, photographs showing assorted drugs and medical equipment, and chemistry reports

What evidence was used to prove the act in the case of People vs. Hatani?

They do not practice their profession (medicine) nor applied for a license to do so

Why did Doctor Yamada and Enatsu not violate the prohibition against foreigners practicing medicine in the Philippines by investing in a hospital?

Investing in stocks

What financial action does not equate to the act of practicing medicine?

By means of signs, cards, advertisements, written or printed matter, or through the radio, television, or any other means of communication

By what means can a person offer or undertake medical acts that would constitute the practice of medicine under Act 2 (Advertisements)?

Drugless healing

According to the case of People vs. Ventura, what IS considered a practice of medicine?

The license cannot be implied

What conclusion was reached regarding the license to practice drugless healing based on the appellant being permitted to serve free in a sanitarium?

People vs. Buenviaje

In which case was the defendant originally charged with two offenses—illegal practice of medicine and illegal advertising—but held to have committed only one offense?

The acts charged were merely different means of committing THE same offense

What was the legal holding in the case of People vs. Buenviaje regarding the charges of illegal practice of medicine and illegal advertising?

Falsely uses the title M.D. after his name

What specific action related to a medical title constitutes the practice of medicine under Act 3?

Without the proper certification of registration from the Board of Medicine

Falsely using the title M.D. is a subject for illegal practice of medicine only when done without what?

Yes

Can a person use the M.D. title after their name if they have passed the degree but are not yet licensed?

You passed the degree awarded by the school

Why can an individual who is not licensed still use the M.D. title?

You cannot practice any act stated in Section 10

If you use the M.D. title but are unlicensed, what are you strictly prohibited from doing?

Certificate of registration

What must an individual obtain from the Board of Medicine before they can legally practice any act stated in Section 10?

Start a health-related business, research, or education

What types of activities can an individual with an M.D. who is not licensed pursue?

D. Exemptions to the Act Constituting the Practice of Medicine (Sec. 11)

What section of the Medical Act covers individuals whose diagnosis and treatment acts are not considered the practice of medicine?

Allied health professionals

The law acknowledges the role of which group in providing healthcare, noting that healthcare is not a monopoly of physicians?

Medical student

Which exempted individual must be enrolled in an approved medical school or graduate under training?

Serving without any professional fee in a public or private hospital

What payment condition must a medical student meet to qualify for the exemption?

Under the direct supervision and control of a registered physician

What condition regarding oversight must a medical student meet to qualify for the exemption?

Duly registered optometrist

Which exempted individual mechanically fits or sells lenses, artificial eyes, limbs, or is engaged in the mechanical examination of eyes for constructing or adjusting eyeglasses?

Legally registered dentist

Which exempted individual is exempted provided they are engaged exclusively in the practice of dentistry?

Duly registered masseur or physiotherapist

Which exempted individual applies massage or other physical means upon the written order or prescription of a duly registered physician?

Physical or muscular development

The application of massage or physical means by a masseur or physiotherapist must be limited to what?

Good Samaritan

What term refers to any person who renders service gratuitously in cases of emergency or in places where the services of a duly registered physician, nurse, or midwife are not available?

Household remedies as per classification of existing Pharmacy Laws

What specific type of remedies can a person administer or recommend and still be exempted?

Over-the-counter drugs

Prescribing which classification of drugs is given as an example of an exempted act under the household remedies clause?

Administratively liable for illegal practice of medicine and criminally liable under the Dangerous Drugs Law

If an unlicensed person prescribed prescription drugs instead of over-the-counter drugs, what liabilities would they face?

Clinical psychologist or mental hygienist

Which exempted individual performs duties regarding patients with psychiatric problems under the prescription or direct supervision of a duly registered physician?

Prosthetists who fit artificial limbs

Which exempted individual performs their duties under the supervision of a duly registered physician?

Traditional Alternative Medicine Act (TAMA OF 1997)

What specific law implies the exemption of traditional medicine?

Traditional Medicine

What is defined as the sum total of knowledge, skills, and practice on healthcare, not necessarily explicable in the context of modern, scientific philosophical framework?

The wholeness of their being, the community & society, and their interrelations based on culture, history, heritage, and consciousness

Traditional medicine is recognized by people to help maintain and improve health towards what goals?

Acts constituting the practice of medicine

What specific acts are NOT included in the exemption provided by TAMA of 1997?

There is nothing in the Medical Act exempting it

What is the stance of the Medical Act regarding faith healing and divine healing?

Constitutional guarantee to religious freedom

What specific constitutional protection shields a person acting in pursuance of their religious belief and the tenets of their church?

Article III, Section 5

Which specific article and section of the Constitution contains the guarantee to religious freedom?

If the act is deceitful and not in accordance with the principles of the church

Under what condition does an act of diagnosis and treatment by a faith healer become illegal?

Perform surgical operations or prescribe medications

What two specific medical acts shall a person engaged in the practice of healing by spiritual means NOT perform?

Guilty of illegal practice of medicine

What is the penalty if a person engaged in spiritual healing performs surgery or prescribes medication?

Corporation or Juridical Person

What entity is NOT exempted from the practice of medicine and cannot practice medicine?

A natural person who went through medical school, earned a degree, passed the medical licensure examinations, and was issued a certificate of registration

Who is the only entity that can practice medicine?

One must check first if they graduated medical school

What is the primary step to make sure one is actually seeing a doctor, besides checking their license?

Obtain the Certificate of Registration and license to practice

Passing the boards allows an individual to pursue what?

"Doktora"

In the case of Jovita Buenviaje, what term did the chiropractor use in advertisements and letterheads?

Chiropractic medicine is drugless healing that needs the license of being a doctor

Why was chiropractor Jovita Buenviaje found guilty of illegal practice of medicine?

Choose whether to be paid for diagnosing and treating patients or not get paid at all

What benefit does becoming a doctor allow regarding compensation?

They do not receive any professional fee

What condition applies to medical students regarding payment while they need supervision?

Finish 4 years of medicine proper

What is the first formal step listed in the process of becoming a doctor?

Finish 1 year of internship

What step follows the 4 years of medicine proper?

Pass the Philippine Licensure Examination satisfactorily

What must a medical intern pass to continue the path to becoming a doctor?

Obtain a Certificate of Registration issued by the Board of Examiners

What must a successful PLE passer obtain?

At least twenty-one years of age

What is the minimum age requirement to legally practice medicine in the Philippines, according to Section 8 of the Medical Act?

Those who have complied with the prerequisites to practice medicine in accordance with the Medical Act

Who is qualified to practice medicine in the Philippines?

Medical Act Section 8

Which section of the Medical Act lists the requirements for practicing medicine in the Philippines?

Perform acts enumerated in Section 10 of the Medical Act without failing in any of the exempted acts enumerated in Section 11

Who is considered to be engaged in the illegal practice of medicine?

Those who do not have the proper license or Certificate of Registration to practice medicine

Who is considered to be engaged in the illegal practice of medicine regarding their credentials?

Medical Board and PRC

What two specific entities issue the license and Certificate of Registration to practice medicine in the Philippines?

Fine of PHP 1,000 to PHP 10,000 with subsidiary imprisonment

What is the penalty range for the illegal practice of medicine regarding fines?

In case of insolvency

When is subsidiary imprisonment enforced as a penalty for illegal practice of medicine?

Imprisonment of 1 year to 5 years

What is the penalty range for the illegal practice of medicine regarding imprisonment?

At the discretion of the court

Who decides whether the penalty for illegal practice of medicine is a fine, imprisonment, or both?

Illegal Practice of Medicine

Which offense is committed by those without a certificate of registration performing medical acts?

Medical Negligence

Which offense is committed by those authorized to practice medicine but who do not exercise the standard of care required?

Must be licensed and registered according to the law and act within the scope of registered activity

What general condition makes any allied health professional exempted from illegal practice?

Moonlighting without a certificate of registration

What action taken by a medical student acts outside the exemption clause, making them guilty of illegal practice of medicine?

It is not deemed to be a practice of medicine but the exercise of his religious freedom

If a person's act of diagnosis and treatment is pursuant to the tenets of their church, how is the act classified?

An unlicensed person using faith as an excuse to do medicine

What situation underscores the reason why faith healing is not exempted from acts constituting the practice of medicine?

Only when a person files a case against you

When will the provisions on illegal medical practice be implemented and enforced?

Administrative, Civil, Criminal

What are the three causes of action that a single act of violation can give rise to?

Automatically a criminal case

By law, if a case is filed against illegal practice of medicine, what is the initial classification, due to the penal provisions in the Medical Act?

A civil case

Besides criminal liability, what other type of case can be filed against illegal practice of medicine to claim damages?

The hospital was absolved of monetary liability

In the case of Ramos vs. De Los Santos Medical Center (2002), what was the outcome for the hospital regarding monetary liability since the consultants were not employees?

The resident made a decision to follow the consultant but could have acted on their own

Why can a resident still be personally liable for decisions even if acting based on a consultant's guidance?

Captain of the ship doctrine

What doctrine suggests that the consultant is most liable for negligence because they head the whole team?

The attending physician

The court determined that the liability of the resident in a medical negligence case would fall under whom, due to the Captain of the Ship doctrine?

Liability of the Resident to the Hospital (Employer-Employee relationship), Liability of the Resident vis-a-vis the Attending Physician (Captain of the Ship Doctrine), and Principal Liability of the Resident

What three types of liability apply to a resident in a negligence case?

The only standard is that the medical student did what they thought was necessary to save the patient, and exercised the necessary diligence and care in that situation

If a medical student performs first aid in an emergency and is sued, what is the only standard by which their actions are judged?

A higher diligence

What degree of diligence is required from a medical student compared to a normal person, due to their medical knowledge?

Diligence of a good father of a family

What standard refers to what a normal person without medical knowledge would exert or do?

Malicious intent

In an emergency first aid situation, what specific element would most likely result in liability for a medical student?

He would not entertain a civil case against damages

If Atty. Dy were the judge and the medical student acted good-heartedly in an emergency, what would his likely judicial decision be regarding a civil case for damages?