Dental Practice Scope for Underboard Dentists in the Philippines: A Comprehensive Legal Overview

In the Philippines, the practice of dentistry is governed by a strict regulatory framework designed to protect public health and maintain professional standards. Foremost among these laws is Republic Act No. 9484, also known as the “Philippine Dental Act of 2007.” It comprehensively regulates the practice of dentistry, dental hygiene, and dental technology throughout the country. The law, together with the rules of the Professional Regulation Commission (PRC) and the Board of Dentistry, spells out who is authorized to practice, what constitutes “practice,” and the penalties for unauthorized or illegal practice.

An “underboard dentist” is an informal term often used to describe a person who has completed a Doctor of Dental Medicine (DMD) or Doctor of Dental Surgery (DDS) degree but has not yet passed the licensure examination given by the PRC. This article discusses the legal implications, restrictions, and potential avenues for underboard dentists in the Philippines, citing the relevant laws, regulations, and ethical considerations.

1. Legal Foundations

1.1 Republic Act No. 9484 (Philippine Dental Act of 2007)

Enacted in 2007, R.A. 9484 is the principal law governing the practice of dentistry, dental hygiene, and dental technology. Key provisions relevant to underboard dentists include:

Section 5 (Requirement for the Practice of Dentistry): Only individuals who hold a valid Certificate of Registration (COR) and Professional Identification Card (PIC) issued by the PRC can legally practice dentistry in the Philippines.
Section 7 (Scope of the Practice of Dentistry): Defines “practice of dentistry” broadly, including diagnosis, treatment, surgery, prescription, tooth extraction, and any operation or part of an operation upon the human oral cavity.
Section 25 (Penal Provisions): Imposes penalties on individuals practicing dentistry without a valid license. Penalties include fines and/or imprisonment, depending on the gravity of the offense.

1.2 The Professional Regulation Commission (PRC) and Board of Dentistry

The PRC is mandated to oversee licensing examinations for dentists, dental hygienists, and dental technologists, as well as issue professional licenses. The Board of Dentistry under the PRC is responsible for:

Administering and enforcing R.A. 9484.
Formulating rules and regulations (the Implementing Rules and Regulations or IRR) relevant to the practice of dentistry.
Conducting licensure examinations for dentists.
Investigating and adjudicating administrative cases of unprofessional conduct or illegal practice.

1.3 Related Regulations and Administrative Guidelines

Apart from R.A. 9484, there are various Board of Dentistry Resolutions and PRC issuances that clarify the scope of practice for dental professionals and the requirements for licensure. These guidelines generally reaffirm that any individual who has not passed the board exams is prohibited from independently performing any act considered as “practice of dentistry.”

2. Who Qualifies as an Underboard Dentist?

An underboard dentist typically refers to someone who:

Has obtained a Doctor of Dental Medicine (DMD) or Doctor of Dental Surgery (DDS) degree from a duly recognized dental school in the Philippines or abroad.
Has applied or intends to apply for the dental licensure examination administered by the PRC but has not yet:
- Taken the exam, or
- Passed the exam, or
- Completed all the requirements for registration.

Because the individual does not hold a valid PRC license, he or she cannot legally engage in activities defined as the practice of dentistry.

3. Scope of Practice for Underboard Dentists

3.1 Prohibited Acts

Under R.A. 9484, the following acts constitute the practice of dentistry and are therefore prohibited for underboard dentists unless supervised or otherwise exempted:

Diagnosis and Treatment: Examining a patient, diagnosing dental conditions, or recommending treatment.
Surgery and Procedures: Extracting teeth, performing restorations, prescribing and administering local anesthesia, or engaging in any invasive procedure on a patient’s oral cavity.
Prescription of Medications: Prescribing drugs or medication for dental treatment.
Use of Professional Title: Presenting oneself as a dentist or using the title “Dr.” in a manner that implies licensure.

Engaging in any of the above without a valid PRC license can result in administrative sanctions (from the PRC) and criminal liability (under R.A. 9484’s penal provisions).

3.2 Permissible Roles and Activities

While underboard dentists cannot practice dentistry independently, they may engage in certain permissible, non-invasive or auxiliary roles within the framework of the law:

Dental Assisting: Underboard dentists may work as dental assistants in a licensed dental clinic or hospital. Tasks typically include chairside assistance, preparation of materials, sterilization of instruments, and clerical or administrative duties—provided they do not perform any procedures specifically reserved for licensed dentists.
Observation / Training Programs: If enrolled in a recognized training or apprenticeship program (e.g., post-graduate courses, advanced studies in a university), underboard dentists can observe licensed practitioners and gain clinical exposure. However, all clinical procedures must be done under direct supervision of a licensed dentist.
Research and Community Projects: Underboard dentists can participate in research or community health programs that do not require direct patient care or invasive dental procedures. They can assist in educational campaigns about dental hygiene or public health initiatives, as long as no independent practice is involved.
Academic Roles: Some dental schools allow underboard dentists to serve in non-clinical teaching capacities (e.g., teaching basic theoretical subjects or assisting in laboratory work), typically under strict guidelines.

4. Penalties and Liabilities for Illegal Practice

4.1 Criminal Liability

Sections of R.A. 9484 outline criminal sanctions for those practicing without a license. If found guilty, the individual may face:

Imprisonment ranging from a few months up to several years, depending on the gravity and recurrence of the offense.
Fines which can vary but often range in the tens of thousands of pesos or more.

4.2 Administrative Sanctions

The PRC can impose administrative penalties such as:

Cease and Desist Orders: Ordering underboard dentists to stop illegal practice.
Ineligibility for Licensure: If an underboard dentist is caught violating the law, it may negatively affect future applications for licensure.

4.3 Professional Liability of Licensed Dentists

Licensed dentists who knowingly allow or “cover” for underboard dentists, permitting them to perform procedures on patients, can also be held liable. They risk:

Suspension or revocation of their own dental license by the PRC.
Ethical and professional misconduct charges under the Code of Ethics for Dentists.
Possible civil liability if a patient is harmed or injured as a result of unauthorized practice.

5. Ethical Considerations

The dental profession is guided by principles of patient welfare, autonomy, and professionalism. Even beyond legal limitations, underboard dentists should consider:

Patient Safety: Performing clinical procedures without the requisite licensure and comprehensive competencies can jeopardize patient health.
Professional Integrity: Advertising or misrepresenting oneself as a fully licensed practitioner undermines the public’s trust in the dental profession.
Mentorship and Supervision: The ethical route for an underboard dentist is to seek mentorship, comply with training requirements, and pass the board exam to gain full legal authority to practice.

6. Pathways to Lawful Practice

To lawfully practice dentistry, an underboard dentist must:

Pass the Dental Licensure Examination: Administered by the Board of Dentistry under the PRC.
Obtain a Certificate of Registration (COR): Issued after successfully passing the boards.
Secure a Professional Identification Card (PIC): The PRC issues this ID, which must be renewed periodically.
Comply with Continuing Professional Development (CPD) Requirements: As mandated by the PRC, licensed professionals must continually update their skills and knowledge.

7. Conclusion

In the Philippine context, the scope of practice for underboard dentists is extremely limited due to stringent legal requirements under R.A. 9484 (“Philippine Dental Act of 2007”) and the implementing rules set by the PRC and the Board of Dentistry. While they may assist in dental clinics, observe procedures, or engage in non-invasive, supervised roles, underboard dentists cannot independently perform any act classified as the “practice of dentistry.”

Failure to adhere to these legal boundaries can lead to administrative, civil, and criminal liability. For those who aspire to become licensed dentists, the clear and lawful path involves passing the licensure examination, obtaining the proper Certificate of Registration, and maintaining good standing under the regulations of the PRC and the Philippine Dental Association.

Ultimately, safeguarding patient welfare, ensuring public trust, and upholding professional standards remain the bedrock principles guiding the legal and ethical regulation of dentistry in the Philippines.