On July 11, the Dental Board of CA voted 7 to 1 to direct all dentists to give patients a dental materials fact sheet that will advise dental patients that mercury fillings "can harm the developing brain of a child or fetus," and that such fillings "cause exposure to mercury, a chemical known to the State of California to cause birth defects and other reproductive harm."

The rationale, according to comments by Board member Dr.Hundley during the consideration:

"We have established and we have conceded that there may be some harm in mercury.......We have chosen to accept the fact that there may be harm and we are placing that information out to the public."

"We had scientific evidence that tend to show us there was no harm in silver fillings. On the flip side of that, we have scientific evidence that there WAS harm. We have chosen to accept the fact that there MAY BE harm and we are placing that information out to the public. Now we are fulfilling our obligation under Proposition 65 to state to the patients and have them accept that there may be some harm in mercury fillings. Now that you know there may be some harm, you have a choice:...... We have accepted the fact that there may be some harm."

The new fact sheet was proposed by Dr. Chet Yokoyama, the board’s mercury-free dentist, who chaired a committee appointed by board president Dr. Alan Kaye. It implements a 1992 law under which the Board has been constantly criticized for ignoring, one requiring a statement of the “risks and efficacies” of dental fillings. An amendment in 2001 required the fact sheet to go to patients. Upon signing the law, Governor Davis said the “mercury risk fact sheet” would advise patients of the risks of mercury in some dental fillings in advance of their placement.