Patient Choice/Gag Rule |
Date |
Region |
Type |
Provisions |
March 31, 1997 |
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HB 97-1187 -
- Establishes the administrative procedure by which the dental board must act to deny/suspend/revoke the license of a dentist or dental hygeinist.
- Preserves patient choice to replace any professionally recognized dental restorative material and prevents disciplinary action against a dentist solely for removing or placing any professionally recognized dental restorative material.
Effective March 31, 1997 |
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- 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
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Informed Consent |
Date |
Region |
Type |
Provisions |
March 29, 2000 |
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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
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1992; Amended October 5, 2001 |
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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:
- A description of the groups of materials that are available to the profession for restoration of an oral condition or defect;
- A comparison of the relative benefits and detriments of each group of materials;
- A comparison of the cost considerations associated with each group of materials;
- 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
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January 11, 2006 |
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DEP Regulation |
Declaratory Ruling by the Commissioner of the Department of Environmental Protection recommended amending the state's Best Management Practices.
Effective January 11, 2006
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June 12, 2001 |
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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
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May 3, 2002 |
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HB 1251 -
- Requires dentists to present patients who are having dental restorative procedures performed with a standardized pamphlet developed by the New Hampshire Dental Board in consultation with the state's Department of Health and Human Services regarding the risks and benefits of dental materials, including mercury amalgam, and to discuss with the patient the choices of restorative dental materials prior to their use.
- Requires the Department of Health to provide, within its existing resources, information to the public regarding the risks and benefits of dental restorative materials, including the use of amalgam in children under the age of 6.
Effective January 1, 2003
Not Enforced - The language contained in the fact sheet and introductory pamphlet fly in the face of the letter and spirit of the law by stating that no risks of mercury amalgam exist and "research shows that the mercury in dental amalgam is bound to other materials, rendering it safe for use as a dental filling regardless of the patient’s age."
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March 3, 2004 |
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DEP Policy |
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.
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Amalgam Separators |
Date |
Region |
Type |
Provisions |
June 3, 2002 |
Connecticut CT |
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Public Act No. 02-90 - Mercury Reduction and Education Act -
- Specifications: ISO 11143
Effective July 1, 2003 |
May 27, 2003 |
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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
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DEP Regulation |
- MOU signed with Massachusetts State Dental Association
- Specifications: ISO
Effective |
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Statute |
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September 17, 2002 |
New York NY |
Statute/DEC Regulation
CH. 506
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A 10707/S 06233 - Proposed 6 NYCRR Subpart 374-4
Regulation Pending |
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Statute |
- Dentists in the watershed must install separators Shortcomings: only 40% of dentists are covered
- Specifications: ISO
Effective
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2005 |
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Statute/DEP Regulations |
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DEQ Regulation |
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County Ordinance |
- MOU signed with Washington State Dental Association
- Specifications: ISO
Effective
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City Ordinance |
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City Ordinance |
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Phase Out/Ban |
Date |
Region |
Type |
Provisions |
June 3, 2002 |
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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
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June 8, 2001 |
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LD 1665 -
- Bans use of bulk elemental mercury in dentistry by allowing only for the use of "dental amalgam dispose-caps".
Effective January 1, 2002 |
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New York NY |
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- 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
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Third Party Payment |
Date |
Region |
Type |
Provisions |
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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
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- Notes on Enforcement & Compliance:
- The relevant fact sheet has never been produced by the New Hampshire Dental Board or the New Hampshire Department of Health and Human Services.
- Only 70% of dental offices had installed separators in Maine as of last summer.
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