LEGAL AND ILLEGAL EXERCISE OF THE SURGEON PROFESSION

DENTIST
LEGAL EXERCISE OF THE PROFESSION

a. DENTIST LAW

Article 7 - Requirements for the Practice of the Profession In order to practice the
the profession of Dentist requires meeting the requirements
a) To have a professional degree in the name of the Nation, granted by a
university of the country or by a foreign university, revalidated
according to law.
b) Be registered and authorized in the Dental College of Peru.
c) In the case of specialties, it is also required:
c.1. Have a Specialist Title issued by a university in the country,
duly recognized by the competent state entity. The title of
specialist opted in a foreign university must be revalidated
in accordance with the law and registered with the Dental College of Peru. c.2. The
corresponding certification issued by the Dental College of
Peru with a resolution from the National Council.

b. GENERAL HEALTH LAW

Article 22.- To perform professional activities own of the

medicine, dentistry, pharmacy or any other related to the
health care, a professional degree is required in cases where
the law establishes this and comply with the requirements of membership,
specialization, licensing and other provisions established by law.

Article 35.- Those who develop professional or technical activities

health-related auxiliaries for individuals will be limited to
exercise them in the area that the title, certificate, or authorization legally
expedited determine.

c. CODE OF ETHICS AND DEONTOLOGY OF THE DENTAL COLLEGE

OF PERU

Article 3 of the Values of the Professional Practice of the Surgeon

Dentist
Every professional must act appropriately in the exercise of the
profession and, therefore, their behavior will conform to the norms
ethical/moral principles that govern it and society, refraining from
any improper conduct or action that may discredit or harm the
image of the profession. The values that regulate or guide the practice
professional of the Dentist Surgeon:
 • Honor • Lealtad • Honestidad • Responsabilidad • Solidaridad •
Punctuality
Article 5 of the Duties of the Dentist
J. To practice the profession in appropriate and safe facilities and to provide
the resources that guarantee the development of professional work
independent, and in case it maintains a dependent relationship,
you must request them.
Article 6 of the Rights of the Dentist Surgeon
b. To practice the profession freely, without pressure of any kind,
therefore, you have the right to have your clinical judgment respected, freedom of
medical prescription and free choice to decline any care
patient, based on scientific evidence, bioethics and regulations, while
it is not an emergency situation.
e. Practice the profession in appropriate and safe facilities; likewise
receive and/or have the resources that ensure the development of its
professional labor, in case it maintains an employment relationship.

Article 7. On the Modalities of Professional Practice

According to the provisions of Article 6 of Law 27878, Labor Law
of the Dentist Surgeon, the professional practice of the Dentist Surgeon, is
develops in four areas: Assistance, Administrative, Teaching, and
Research.
Article 14 On Responsibility in Professional Practice
In addition to the ethical sanctions contained in this Code,
The dentist is responsible for the damages and losses he causes.
the patient due to negligent, reckless, and incompetent exercise. The measure
the disciplinary action corresponding to the violation of this rule is sanctioned
from admonition to suspension not exceeding two (2) years.
Concordances: Article 36 of Law 26842, General Health Law.
Article 17: On the Requirements for Public Professional Practice and/or
Private
For the professional practice of dentistry in any of its
specialties, a university degree is required, to be
a member of the Dental College of Peru and authorized by the College
Respective regional. The corresponding disciplinary measure to the
Violation of this rule is sanctioned from a warning to a fine.
without prejudice to the criminal responsibilities established in the Code
Current Penal Code.

Concordances: Article 363 of the Penal Code; Article 2 of the Law

15251, modified by Law 29016 and its Regulation; Article 22° of the
 Law 26842, General Health Law; Law 27878, Labor Law
Dental Surgeon
d. LAW NO. 15251 LAW FOR THE CREATION OF THE DENTAL COLLEGE OF
PERU MODIFIED BY LAW 29016

Article 2: Registration and Qualification

The membership and the status of being authorized are essential requirements for
the practice of the dental profession.

2. ILLEGAL PRACTICE OF THE PROFESSION

a. GENERAL HEALTH LAW

Article 134.- Without prejudice to the civil or criminal actions that may arise
there will be grounds, the violations of the provisions contained in the
This law and its regulations shall be subject to one or more of the
the following administrative sanctions: a) Warning; b) Fine; c) Closure
temporary or closure of the establishment; and, d) Suspension or cancellation
of the Product Health Registry.
Article 135.- When imposing a sanction, the Health Authority shall take into account
account: a) The damages that have occurred or may occur in the
a) Health of the individuals; b) The severity of the offense; and, c) The condition
of recidivism or reiteration of the offender.
Article 136.- Any sanction of closure and temporary closing of
establishments, as well as suspension or cancellation of registration
Sanitary product must be published, at the expense of the offender, by the
Health Authority in the manner established by the regulations.
Article 137.- The regulation establishes the classification of offenses,
the scale of sanctions and the procedure for their application.

b. CODE OF ETHICS AND DEONTOLOGY OF THE DENTAL COLLEGE

FROM PERU

Article 5 of the Duties of the Dentist

Do not conceal, encourage, allow, facilitate, or protect in any form,
the dishonest practice of the profession.

Article 9 of Offenses or Infractions

They are infractions, the actions or omissions of the Dentists.
that engage in the following conduct:
a. Violation of the rules contained in the Professional Code of Ethics.
c. Wilful or negligent conduct in the exercise compliance
professional.
f. In general, in all cases where professional conduct may
derive a moral or material damage or to the dental profession or the
community.
Concordance: Article 174 of D.S. 014-2008-S.A.
 Article 10. Of the Sanctions
a. Reprimand, private or public.
b. Fine (the amount will be determined in each region)
c. Suspension of professional practice in all its areas, for up to a
maximum of two (2) years.
d. Expulsion from the order.
In accordance with Article 176 of D.S. 014-2008-S.A. (Law 15251), the
A fine may be applied as an ancillary measure to other sanctions.
Concordance: Article 175° D.S. 014-2008-SA.

Article 15 of the Violation of Values

The Dentist incurs in violation who undermines the values that regulate
the professional practice, contained in Article 3 of this Code, by
degrade the image of the profession. The corresponding disciplinary measure.
the violation of this rule is punished from a warning to
suspension of no more than one (1) year.

Article 21 of Participation in the Illegal Exercise of the Profession

It is a serious breach of ethics for the Dentist Surgeon to protect or support
with their signature or title the exercise of one who does not meet the requirements
to exercise the profession. The corresponding disciplinary measure regarding the
Violation of this rule is punished with fines up to a suspension of two
(2) years.
Concordance: Article 364 of the Penal Code.

Article 22 of the Report of Illegal Exercise of the Profession

The Dentist Surgeon, who has knowledge of the illegal practice of the
profession has the obligation to report the offender, or another that allows the
illegal exercise.
The disciplinary measure corresponding to the violation of this rule is
sanctions range from a warning to a fine.
Concordance: Article No. 363 of the Penal Code.

c. PENAL CODE

Article 363.- Illegal exercise of profession

The one who practices a profession without meeting the required legal requirements will be
punished with a custodial sentence of no less than two and no more than four
Years. Those who practice a profession with a false title shall be punished with a penalty.
Imprisonment for no less than four years and no more than six years.
The penalty shall be no less than four nor more than eight years, if the exercise of the
profession is carried out in the field of public service or providing services to
State under any contractual modality.
 Article 364.- Participation in illegal practice of the profession
The professional who endorses with their signature the work of someone who does not have a degree for
to exercise it, will be punished with a prison sentence not exceeding four
years and disqualification from one to three years according to article 36, sections 1 and
2.