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State Legislatures Pass Bills Placing Restrictions or Warnings on Use
of Amalgam Dental Fillings- More States Plan to Consider Bills in the Next
Legislative Session
The California Legislature passed a bill, SB134, to
implement Proposition 65
which was passed earlier and requires all dentists who use
amalgam dental fillings
to
issue the following warning:"This office uses amalgam filling materials which contain and
expose you to a chemical known to the State of California to cause birth
defects and other reproductive harm". (mercury)
Governor Davis signed S.B. 134 yesterday (Oct. 5). Thus, on
Dec. 31, 2001, the California Dental Board ceases to exist. The existing Dental Board was abolished due
to its refusal over several years to carry out the provisions of Prop 65 regarding
the issuance of
a warning by dentists of the dangers of mercury. A brand new Board will be appointed. The law
also requires that the Fact Sheet must be given to the patient; the dentist has a
duty to ensure patients read it before placing any toxins into their
mouths. Finally, the Board executive
director must be approved by Director Hamilton of the Dept of Consumers Affairs, a step to
ensure more consumer accountability.
The Maine Legislature passed a bill this year, LD1409,
placing restrictions on amalgam
use by requiring a warning regarding possible mercury
related adverse health effects
be
given to all patients if amalgam use is considered. They also passed LD 697, "An Act to Require
Installation of Dental Amalgam Separators in Dental Offices" in 2003. The Florida Legislature
passed a bill, SB1324, removing restrictions on the replacement of
amalgam fillings by alternatives and encouraging discussion of pros and cons of
alternative treatments. Bills are being prepared for consideration in the next
session in the majority of states.
The New Hampshire Legislature passed one of the
strongest bills so far, HB 1251 AN ACT relative to the use of
mercury amalgam fillings by dentists. This bill requires dentists and the
department of health and human services to provide health information on
restorative dental materials, and requires the department of
environmental services to adopt rules for the disposal of mercury amalgam waste
in dental offices in an environmentally-appropriate manner.
Rhode Island's Mercury Reduction and Education Act( S661Aaa) which passed in 2001 contained this language in the state
procurement section: "(c) State
dental insurance contracts negotiated after January 1, 2003, shall provide
equal coverage for non-mercury fillings at no additional expense to the state
employee."
Rhode Island also requires amalgam separators in dental
offices. www.rilin.state.ri.us/BillText/BillText01/SenateText01/S0661aaa.htm
Current Legislation
Arizona
HB 2647 would prohibit the use of
mercury amalgam fillings in certain situations, including children under 18,
nursing mothers or pregnant women. In addition, dentists would need to provide
information to their patients on the advantages and disadvantages of mercury
fillings. Assigned to Human Services Committee and Rules
Committee.
http://www.azleg.state.az.us/legtext/46leg/1r/bills/hb2467p.htm
http://www.azleg.state.az.us/legtext/46leg/1r/summary/h.hb2467_02-12-03_hs.doc.htm
Alabama
HB 495. This bill would prohibit the use of a
device that is a mercury alloy intended for use as a dental amalgam if the
device contains approximately 50 percent mercury on children less than 18 years
of age, pregnant women, or lactating women. The bill would provide that the
device could not be administered to any consumer without a warning that the product
contains mercury. Assigned to the Health Committee.
http://alisdb.legislature.state.al.us/acas/ACASLogin.asp
AB 611 would require the installation
of dental amalgam separators by January 1, 2004, along with training of staff
in each office to maintain the equipment.
Referred to Committee on Health and to Committee on Environmental Safety
& Toxic Materials, where it was amended, to eliminate the requirement for
amalgam separators and instead require Best Management Practices (BMP). It was
recommended for adoption and referred to Appropriations.
http://www.leginfo.ca.gov/cgi-bin/postquery?bill_number=ab_611&sess=CUR&house=B&author=negrete_mcleod
AB 999 would require dental insurers to provide insurance
for alternatives to mercury amalgam fillings. Referred to Committee on Health,
where it was amended, recommended for adoption and referred to
Appropriations.
http://www.leginfo.ca.gov/cgi-bin/postquery?bill_number=ab_999&sess=CUR&house=B&author=jerome_horton
Georgia
HB 442 would prohibit the use of mercury amalgam fillings in
women younger than 45 years old and men younger than 18 and require that
dentists provide patients information on the use of amalgam fillings. Had a second reading on February 26, 2003. In the Committee on Health and Human Services.
http://www.legis.state.ga.us/legis/2003_04/sum/hb442.htm
Illinois
SB 455 would prohibit the use of
mercury amalgams in dental procedures for pregnant women and for children under 8 years in age. Re-referred to the
Rules Committee on March 14, 2003.
www.legis.state.il.us/legislation/billstatus.asp?DocNum=0351&GAID=3&DocTypeID=SB&LegID=2107&SessionID=3
www.legis.state.il.us/legislation/93/sb/09300sb0455.htm
Maine
LD 134 would require that by January
1, 2004 the Department of
Environmental Protection shall establish rules for dental offices
and other places where mercury amalgam fillings are prepared, used, removed,
replaced or repaired relative to the use of environmentally appropriate
disposal equipment for amalgam waste to trap and dispose of mercury.
http://www.mainelegislature.org/legis/bills/billtexts/ld013401-1.asp
New York
A05932 Enacts “The
Mercury-Free Water Resources and Mercury Reduction Management Strategy Act of
2003” provides for: disclosure of mercury content, phase-out of mercury-added products, disposal
prohibition, labeling, source separation, collection, requirements for sewage
treatment plants, point source release containment traps, ban on sale or
distribution of certain mercury products, replacement of manometers and gas
pressure regulators (agriculture dept. to handle for dairy industry), regulates
dental use and bans health insurance discrimination therein, requires lamp
recycling; adds all mercury-added products to state universal waste rules;
provides for a state advisory committee on mercury pollution; provides for
penalties for violations. Referred to
Environmental Conservation
http://assembly.state.ny.us/leg/?bn=A05932
SB 681 Requires
written informed consent prior to procedure or treatment that uses
dental materials containing mercury. Prohibits use of dental
materials containing mercury in women of child-bearing age or in children.
Prohibits use of dental materials containing mercury in
people with metal orthodontic devices in their mouths. Prohibits use of dental materials containing mercury after July 1,
2007. Referred to Human Resources Committee.
http://www.leg.state.or.us/03reg/measures/sb0600.dir/sb0681.intro.html
http://www.leg.state.or.us/03reg/pubs/senmh.html
SB 695 directs the Department of Human
Services to conduct a study of mercury amalgam fillings in human teeth and
environmental sources of mercury ingestion. Directs Oregon
Health and Science University to assist department in conducting study. Referred to Human Resources Committee, then to Way and Means
Committee.
http://www.leg.state.or.us/03reg/measures/sb0600.dir/sb0695.intro.html
http://www.leg.state.or.us/03reg/pubs/senmh.html
Oregon
The Governor of Oregon has recently
signed into law SB 704, which requires dentist to have amalgam separator installed
in wastewater drain if materials containing mercury pass through drain. Establishes requirements regarding proof of installation and
maintaining amalgam separator maintenance log. Exempts from specified
requirements, until January 1, 2011, dentist who follows guidelines for best
management of dental wastes recommended by Oregon Dental Association and who is
certified by special district that manages wastewater treatment as following
guidelines. It has been signed into law as Chapter 517, 2007 Laws.
Washington
HB 1235, SB 5403 and substitute SB
5403 provide for state supplemental operating appropriations and include a
provision for the Department of Ecology to develop plans for the reduction in
the use of mercury and its discharge to the environment. Dental amalgam is the
largest source of mercury in sewers and a major source in the environment. The
House bill is in Appropriations, while the Senate substitute has passed the
Senate 29-20.
HB 1273 would require informed consent
prior to using mercury amalgam dental restorative material. Introduced
on January 22, 2003, in Health Care. Also see SB 5066.
www.leg.wa.gov/wsladm/billinfo/dspBillSummary.cfm?billnumber=1273
SB 5066 is similar to HB 1273 and
would require informed consent prior to using mercury amalgam dental
restorative material. Introduced on January 14, 2003; referred to Health &
Long-Term Care.
http://www.leg.wa.gov/wsladm/billinfo/dspBillSummary.cfm?billnumber=5066
****************************Details:CaliforniaSB-134
AUTHORED BY SEN. LIZ FIGUEROA, to DE-FUND THE CALIFORNIA DENTALBOARD. This bill
will de-fund the state dental board and transfer responsibilities for dental
regulation to Dept of Consumer Affairs for 6 months, and then re-create the
Dental Board effective January 1, 2002,
with an enforcement monitor to assure the Board Is acting in theconsumer interest.BACKGROUND:For
the last nine years, the California Dental Board has refused toimplement the 1992 law passed by the California
Legislature implementingProposition 65, which requires
a "fact sheet" on the risks of dentalamalgam
fillings (which are half mercury ) . The law requires thatdentists
warn that:"This office uses amalgam filling
materials which contain and expose youto a chemical
known to the State of California to cause birth defectsand
other reproductive harm". (mercury)The effort to
have the law implemented has been lead by Consumers for Dental Choice
and DAMS. The Dental Board has again broken its promise
to the legislature's Sunset Committee to complete the Fact Sheet by the end of
this fiscal year (June 30, 2001). As
the last straw, the Dental Board abruptly canceled its
June 14th meeting in L.A., where
it had promised hundreds of concerned consumers that it
would finally, after 9 years
of stalling, provide the required fact sheet. This is
what led to SB134.Amalgam, which many dentists call "silver fillings"
contains 50% mercury
which is
known to be the most toxic non-radioactive element. Mercury is documented to be toxic
to the nervous system, the immune system, the
reproductive system, and the hormonal
system. Some amalgam manufacturers and regulatory agencies
in Canada and Europe
advise all pregnant women, children, people with kidney
problems, or with braces orother metalwork in the
mouth to avoid Mercury- Amalgam dental fillings. Most dentists
have not heeded these warnings or passed them on to
patients, even though there is
evidence that amalgam fillings are the biggest source of
mercury in most with amalgam
fillings, cause significant adverse health effects to many,
are classified as beinghazardous waste when removed
from the mouth, and are a significant source of mercury
in home and city sewers as well as in fish and wildlife
throughout the U.S. Over 7% of
all U.S. river miles as well as many lakes that sewers
empty into have warnings to limit
fish consumption due to mercury levels. (for documentation on exposure, health effects,
and environmental effects from amalgam fillings see:
www.flcv.com/damsindx.html)******************************************************************************MaineMaine Governor Angus King had the distinction of
signing the first bill in the U. S.
passed by a Legislature that requires dentists to notify
their patients regarding the use of amalgam fillings. California has a similar provision which
was passed by voters as Proposition 65. After July 1, 2002, dentists in Maine will be
required to display a poster
in the public waiting area of the dental office and must
provide each patient a copy of a
brochure that explains the potential advantages and
disadvantages to oral health, overall
human health and the environment of using mercury or mercury
amalgam in dental
procedures. The Director of the Bureau of Health, together with
the Department of the Environmental Protection will develop the poster and
brochure. The Mercury Pollution Prevention Committee has the job of developing
a strategy to reduce mercury in the
environment from industrial sources, including dental offices and
home sewers.
Documentation of the significant levels of mercury
contributed to waterways by dentaloffices, homes, and
businesses related to amalgam fillings can be found
in:www.home.earthlink.net/~berniew1/damspr2s.htmlProponents fought long and
hard for the passage of Bill LD 1409, and while the bill as
passed is not as strong as desired they still considered
this a major triumph for the citizens
of Maine. They indicate that stronger measures including
limits on amalgam use will bepursued again in future
sessions.**************************************************************************FloridaThe
Florida Legislature passed SB1324 this year dealing with consumer and consumer
right to know issues related to dental and medical
treatment. In the past, dentists have
been strongly discouraged from replacing amalgam fillings
with alternatives by the ADA
and the State Dental Board as well as from openly
discussing possible adverse healtheffects from
amalgam or pros and cons of amalgam versus alternatives.SB
1324 allows dentists to replace amalgam fillings due to concerns over mercury
toxicity
and health concerns, and encourages discussion of the pros
and cons of alternative treatments.Measures similar
to A.4209 are being considered in Connecticut, Maine, Florida,
Maryland,
Massachusetts, Maine, Nebraska, New Hampshire, New Jersey, Oregon
and Rhode Island, and indeed, the bill is modeled on a
law Vermont passed in 1998.
Federal agencies and the National Academy of Sciences
have a priority to reduce
mercury in people and the environment due to high levels of
mercury being found
in fish throughout the U.S. and in tests on women of
child bearing age by the
U.S. Centers for Disease Control. Since many consumer and environmental groups
are also concerned and actively support the bills, this
likely means that the issue
of regulating mercury will be on the front burner of
dentistry's legislative agenda
as for other
sources of mercury in people and the
environment.*****************************************************Technical
Contact: Bernie Windham berniew1@embarqmail.com
850-878-9024Local Contact:Documentation with over
2500 medical study references on exposure levelsand
adverse health effects of mercury from amalgam fillings, as well as 60,000
clinical cases documented by doctors of recovery from over 30chronic conditions
after amalgam replacement can be found at www.flcv.com/damsindx.html
