Dental Mercury-Related Laws and Regulations

Patient Choice/Gag Rule
Date
Region
Type
Provisions
March 31, 1997
Colorado  CO 

 Statute

Sec. 12-35-129

(formerly Sec. 12-35-118)

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

Amended

June 23, 1995

Pennsylvania  PA

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

 
Informed Consent
Date
Region
Type
Provisions
March 29, 2000
Arizona  AZ 

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

1992; Amended October 5, 2001
California  CA

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

January 11, 2006
Connecticut  CT
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

June 12, 2001
Maine  ME

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

May 3, 2002

New

Hampshire

NH

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."

March 3, 2004
New Jersey  NJ
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.
       
Amalgam Separators
Date
Region
Type
Provisions
June 3, 2002

Connecticut  CT

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

  • Specifications: ISO 11143

Effective July 1, 2003

May 27, 2003
Maine  ME

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

Massachusetts  MA
DEP Regulation
  • MOU signed with Massachusetts State Dental Association
  • Specifications: ISO

Effective

 

New

Hampshire

NH

Statute

HB 1413

  • Specifications: ISO

Effective

September 17, 2002
New York  NY

Statute/DEC Regulation

CH. 506

A 10707/S 06233 - Proposed 6 NYCRR Subpart 374-4

  • Specifications: ISO

Regulation Pending

Rhode Island  RI
Statute
  • Dentists in the watershed must install separators Shortcomings: only 40% of dentists are covered
  • Specifications: ISO

Effective

2005
Vermont  VT 
Statute/DEP Regulations

H 0497/S 0084

  • Specifications: ISO

Effective

Washington  WA
DEQ Regulation
  • Specifications: ISO

Effective

King County, WA
County Ordinance
  • MOU signed with Washington State Dental Association
  • Specifications: ISO

Effective

Palo Alto, CA

City Ordinance

Sec. 16.09.112

  • Specifications: ISO

Effective

Fort Collins, CO
City Ordinance
  • Specifications: ISO 
Effective
San Franciso, CA
City Ordinance

Effective

       
Phase Out/Ban
Date
Region
Type
Provisions
June 3, 2002
Connecticut  CT

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

June 8, 2001
Maine  ME

Statute

Sec. 1661-C

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

New York  NY  
  • 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

       
Third Party Payment
Date
Region
Type
Provisions

October 10, 2003

California  CA

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

Rhode Island  RI

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

 
 
  • 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.
 
 
 

Disclaimer: Consumers for Dental Choice is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on this site. Consumers for Dental Choice expressly disclaims any potential liability associated with the use of any such information and such information is only meant for reference purposes. The federal, state, and municipal provisions contained herein may not be accurate and do not constitute the provision of legal advice. If you feel you have been injured in any way, contact a lawyer in your state who is familiar with its laws.

© Copyright 2003-2024 Consumers for Dental Choice, Inc.