Академический Документы
Профессиональный Документы
Культура Документы
Legal
Medicine
Forensic
Medicine
Medical
Jurisprudence
LICENSING
and
REGULATORY ASPECTS
of
MEDICAL PRACTICE
Legal Medicine application of medical knowledge for purposes of law and
administration of justice
Article I
OBJECTIVES AND IMPLEMENTATION
Section 1. Objectives . . .
Also known as . . .
8/14/2014
Article I
OBJECTIVES AND IMPLEMENTATION
Article II
THE BOARD OF MEDICAL EDUCATION
AND ITS FUNCTIONS
Section 3. Composition . . .
Section 2. Enforcement . . .
Board of Medicine
Board of
Medical Education
Board of
Medicine
DOH
APMC
CHED
Anatomy
Physiology
Biochemistry & Nutrition
Pharmacology
Microbiology
Parasitology
Medicine &
Therapeutics
Pathology
Gynecology
PMA
UP Col
Of Medicine
DECS
Board of Medical
Association
PHA
DECS
Ophthalmology, Otology,
Rhinology & Laryngology
Pediatrics
Obstetrics
Surgery
Preventive Medicine &
Public Health
Legal Medicine including
Jurisprudence, Medical
Economics and Ethics
8/14/2014
Article III
21 years of age
Passed the required Physician
Licensure Examination
Valid certificate of registration
BOARD OF MEDICINE
8/14/2014
8/14/2014
Preliminary Examination
Anatomy
Physiology
Biochemistry
Microbiology
Parasitology
Final Examination
Pharmacology &
Therapeutics
Pathology
Medicine
Obstetrics & Gynecology
Pediatrics & Nutrition
Surgery, Ophthalmology,
Otology, Rhinology &
Laryngology
Preventive Medicine &
Public Health
Legal Medicine including
Jurisprudence, Medical
Economics and Ethics
8/14/2014
Administrative investigations
shall be conducted by at least two
(2) members of the Board of
Medicine with one legal officer
sitting during the investigation,
otherwise proceedings shall be
considered VOID
8/14/2014
Answer
Board
No merit
Merit or no merit
Dismiss
Merit
Hearing
Decision
Alcoholism or addiction
to any habit forming
drug, gambling
False, extravagant or
unethical advertisement
(name, profession, specialty, clinic
hours, home address)
Criminal abortion
8/14/2014
Article IV
REINSTATEMENT
PENALTIES
8/14/2014
INJUNCTIONS
EFFECTIVITY
Rights
8/14/2014
RIGHTS
LEGAL VIEW
LAWFUL
PROTECTED
INVOCABLE
ENFORCEABLE
Physician Rights
Physician Rights
Physician Rights
incidental
right of way in emergency cases
exemption from legal execution vs.
instruments / library
hold offices peculiar to the
profession
perform certain services
compensation
membership in medical societies
10
8/14/2014
Specialty
Location
geography
setting
hospital
clinic based
Exception:
Emergency
Time
Groupings
Conscience
morals
religious beliefs
11
8/14/2014
contract
employment - gov't and private
law
emergency setting
Incidental Rights
government hospitals
private hospitals
library
instruments and equipment
diagnostic
operative
12
8/14/2014
Compensation
basis
Rights of Patients
Rights of Patients
generally - NECESSARY
exceptional - not necessary
emergency - immediate action needed to
preserve life and health of pt (implied consent
of unconscious)
if pt in full possession of mental faculties, or
someone could act on his behalf, consent must be
obtained despite emergency
mandated by law
RA 3573 (An act providing for the prevention and
suppression of communicable diseases) immunization
valid exercise of police powers
13
8/14/2014
valid consent
voluntary
Informed consent
Voluntary agreement of a person to undergo
or be subjected to a procedure based on
full information whether such permission
is written, conveyed verbally or expressed
indirectly.
Basis of Consent
EVERY HUMAN BEING OF
ADULT YEARS AND SOUND MIND
HAS A RIGHT TO DETERMINE
WHAT SHALL BE DONE WITH HIS
OWN BODY.
Informed consent
FORMS
WRITTEN (better evidentiary value)
VERBAL
EXPRESSED INDIRECTLY
RA 8504 Aids Prevention and Control Act of 1998
14
8/14/2014
Grant of consent
Grant of consent
guardians
teachers and professors
heads of children's homes;
orphanages
directors of trade establishments
with regards to apprentices,
etc.
patient himself
parents if minor
grandparents in absence of parents
eldest siblings in absence of
grandparents
AIDS
15
8/14/2014
PRIVACY
PATIENTS RIGHT TO HAVE PEACE OF
MIND
EXPOSURE OF HIS BODY
DEPICTION THEREOF
RELEASE TO UNAUTHORIZED
PERSONS
CONFIDENTIALITY
PROTECTION OF INFORMATION OR
RECORDS
Right to Confidentiality
Information cannot be
divulged to parties who
have no concern with
the Pt's welfare
charity patient
waiver does not include discourteous,
immoral or malicious liberties
RIGHT TO CONFIDENTIALITY
EVERYTHING SAID BY A PATIENT OR FAMILY
MEMBER TO A PHYSICIAN IN THE CONTEXT OF
MEDICAL DIAGNOSIS AND TREATMENT IS
CONFIDENTIAL AND MAY BE REVEALED ONLY
UNDER CERTAIN CIRCUMSTANCES
16
8/14/2014
Right to Confidentiality
BREACH OF CONFIDENTIALITY
NO Right of Confidentiality
criminal matters
duty to testify
patient
person acting on patient's behalf
Fraud
17
8/14/2014
patient
During
18
8/14/2014
Right to Treatment
In emergency cases
RA 6615 - provision of emergency mgt
RA 8344 no deposit requirement
Code of ethics
19