Dental Mercury-Related Laws and Regulations

 Statute

Sec. 12-35-129

(formerly Sec. 12-35-118)

Amended

June 23, 1995

Statute

Sec. 33.213

• Secures the right of nonallergic patients to request replacement of amalgam restorations in the belief, or merely the hope, that a medical condition will thereby disappear or improve.
• Requires dentists to make ethical and professional decisions compatible with the best interests of their patients when complying with patient requests for replacement of amalgam fillings.  Also establishes ethical guidelines for dentists with respect to amalgam replacement which preclude the board from acting against a dentist who meets the conditions.

Effective June 24, 1995

Statute

Sec. 32-1201.18 (bb)

SB 1155 -

• Establishes failure of a dentist to inform a patient of the type of material the dentist will use in the patient's dental filling and the reason why the dentist is using that particular filling as unprofessional conduct.

Effective March 30, 2000

Not Enforced

Statute

Sec. 1648.10-1648.20

(formerly CH. 801)

SB 934/Amended by SB 134 - "Watson Law"

• Patient Fact Sheet - "The Facts About Fillings"
• Requires the Dental Board of California to develop and distribute to all licensed dentists a dental materials fact sheet describing and comparing the risks and efficacy of the various types of dental restorative materials, which must include:
1. A description of the groups of materials that are available to the profession for restoration of an oral condition or defect;
2. A comparison of the relative benefits and detriments of each group of materials;
3. A comparison of the cost considerations associated with each group of materials;
4. A reference to encourage discussion between patient and dentist regarding materials and to inform the patient of his or her options.
• Requires a dentist to provide the fact sheet to every new patient and to patients of record prior to the performance of dental restoration work, and to store a signed acknowledgment of the receipt of the fact sheet in the patient's dental record.
• Also requires a dentist to provide the fact sheet to the patient upon request.

Relevant fact sheet adopted by the Board October 17, 2001

Letters In support of changes to the existing fact sheet

Statute

Sec. 1.32 MRSA

§1094-C

LD 1409/SP 429 -

• Patient Brochure - "Fillings - The Choices You Have"
• Requires the Bureau of Health within the Department of Health and Human Services to develop 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 brochure must describe what alternatives are available to mercury amalgam in various dental procedures and what potential advantages and disadvantages are posed by the use of those alternatives.
• Requires dentists who use amalgam in any dental procedure to display the poster adopted by the Maine Department of Health and Human Services in the public waiting area of that dentist's office and to provide each patient with a copy of the brochure.

Effective July 1, 2001

New

Hampshire

NH

Statute

CH. 317-A

Sec. 38

&

CH. 126-A

Consumer Fact Sheet - "Is Your Life Mercury Free?" -

• This Department of Environmental Protection fact sheet describes the health and enviornmental impacts of mercury, and lists mercury containing household products and their mercury-free substitutes.  This brochure stresses that mercury-free products are available and should be purchased whenever possible.  For dental amalgam, it recommends consumers discuss with their dentist alternative dental materials including gold, porcelain, ceramic or plastics.

Statute

Sec. 22a-612 to 22a-625

Statute

Sec. 1. 38 MRSA §1661, sub-§§1-A and 1-B&

Sec. 2. 38 MRSA §1667

LD 0697 -

• Requires dental offices that, in the course of treating their patients, add, remove or modify dental amalgam to install an amalgam separator system in the wastewater line and to maintain it according to specific guidelines.
• Specifications: ISO 11143:1999

Effective December 31, 2004

New

Hampshire

NH

HB 1413

• Specifications: ISO

Effective

Statute/DEC Regulation

CH. 506

H 0497/S 0084

• Specifications: ISO

Effective

• Specifications: ISO

Effective

City Ordinance

Sec. 16.09.112

Statute

Sec. 22a-612 to 22a-625

Public Act No. 02-90 - Mercury Reduction and Education Act -

• Prohibits the sale or distribution for promotional purposes of fabricated mercury-added products containing in excess of one gram of mercury and of formulated mercury-added products containing in excess of two hundred fifty parts per million of mercury begining July 1, 2004.  The mercury content restrictions are raised to one hundred milligrams in the case of fabricated mercury-added products and fifty parts per million in the case of formulated mercury-added products as of July 1, 2006.
• Consumers for Dental Choice is currently challenging a Declaratory Ruling by CT DEP Commissioner Gina McCarthy which states that the MREA mercury product ban does not apply to dental amalgam because it is not a mercury-added product. 

Effective July 1, 2006

Related Documents

Statute

Sec. 1661-C

• Bans the use of non-encapsulated elemental mercury in dental facilities and requires dentists to recycle elemental mercury and waste amalgam generated by amalgam placement and removal.

Effective March 16, 2003

October 10, 2003

Statute

Sec. 14132.22

AB 999 - "Horton Law"

• Authorizes Medi-Cal providers to recommend, after consultation with the patient, and to receive reimbursement for, dental restorative materials other than the covered benefit of amalgam, including: composite resin, glass ionomer cement, and resin ionomer cement.

Effective

June 28, 2001

Statute

Sec. 23-24.9-15

S 0661/H 6161 - Mercury Reduction and Education Act

• Requires newly negotiated state dental insurance contracts to provide coverage for non-mercury fillings at no additional expense to the state employee.

Effective January 1, 2003