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SENATE BILL 12

50TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 2011

INTRODUCED BY

Peter Wirth

AN ACT

RELATING TO WATER QUALITY; ENACTING THE DENTAL AMALGAM WASTE

REDUCTION ACT; REQUIRING A DENTAL OFFICE TO REMOVE DENTAL

AMALGAM PRIOR TO DISCHARGE OF ITS WASTEWATER; AMENDING A

SECTION OF THE DENTAL HEALTH CARE ACT; RECONCILING MULTIPLE

AMENDMENTS TO THE SAME SECTION OF LAW IN LAWS 2003.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

SECTION 1. [NEW MATERIAL] SHORT TITLE.--Sections 1

through 6 of this act may be cited as the "Dental Amalgam Waste

Reduction Act".

SECTION 2. [NEW MATERIAL] DEFINITIONS.--As used in the

Dental Amalgam Waste Reduction Act: 

A. "amalgam" means a dental restorative material

that is typically composed of mercury, silver, tin and copper,

along with other metallic elements, and that is used by a

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dentist to restore a cavity in a tooth;

B. "amalgam separator" means a device that removes

dental amalgam from the waste stream prior to discharge into

either the local public wastewater system or a private septic

system and that meets a minimum removal efficiency in

accordance with international standards contained in ISO 11143,

Dental Equipment-Amalgam Separators, published by the

international organization for standardization; and

C. "dental office" means a fixed physical structure

in which dental services are provided to patients by dentists

and dental professionals licensed or certified by the New

Mexico board of dental health care under the management of a

licensed owner, operator or designee.

SECTION 3. [NEW MATERIAL] INSTALLATION OF AMALGAM

SEPARATOR REQUIRED.--By December 31, 2012, a dental office

shall install an appropriately sized amalgam separator system

and, upon inspection for cause, shall demonstrate to the New

Mexico board of dental health care proper installation,

operation, maintenance and amalgam waste recycling or disposal

in accordance with an amalgam separator manufacturer's

recommendations. The New Mexico board of dental health care

shall consider noncompliance with the Dental Amalgam Waste

Reduction Act as unprofessional conduct subject to the

penalties and discipline of the board pursuant to the Uniform

Licensing Act and the Dental Health Care Act.

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SECTION 4. [NEW MATERIAL] EXEMPTION FOR CERTAIN DENTAL

OFFICES.--An amalgam separator system shall not be required for

the offices or clinical site of:

A. a dental office that is not engaged in amalgam

placement, removal or modification;

B. an orthodontist;

C. a periodontist;

D. an oral maxillofacial surgeon;

E. an oral maxillofacial radiologist;

F. an oral pathologist;

G. a dentist who will no longer operate a dental

office after December 31, 2011; or

H. a portable dental office without a fixed

connection for wastewater discharge.

SECTION 5. [NEW MATERIAL] REPORTING.--A dental office

shall report the model and size of its amalgam separator system

within ninety days of installation to its local publicly owned

water treatment facility, where applicable, and to the New

Mexico board of dental health care. A dental office shall

report its compliance and maintain records of the operation,

maintenance and recycling or disposal of amalgam waste for

every consecutive three-year period following the installation

of its amalgam separator system and shall report the

information upon request for cause to the New Mexico board of

dental health care. The New Mexico board of dental health care

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shall retain the reported information for review coincident

with the board's licensing and renewal functions.

SECTION 6. [NEW MATERIAL] ENFORCEMENT.--The New Mexico

board of dental health care shall initiate disciplinary

proceedings for willful and persistent noncompliance with the

provisions of the Dental Amalgam Waste Reduction Act.

SECTION 7. Section 61-5A-10 NMSA 1978 (being Laws 1994,

Chapter 55, Section 10, as amended by Laws 2003, Chapter 408,

Section 6 and by Laws 2003, Chapter 409, Section 8) is amended

to read:

"61-5A-10. POWERS AND DUTIES OF THE BOARD AND

COMMITTEE.--In addition to any other authority provided by law,

the board and the committee, [where] when designated, shall

have the power to:

A. enforce and administer the provisions of the

Dental Health Care Act and the Dental Amalgam Waste Reduction

Act;

B. adopt, publish, file and revise, in accordance

with the Uniform Licensing Act and the State Rules Act, all

rules as may be necessary to:

(1) regulate the examination and licensure of

dentists and, through the committee, regulate the examination

and licensure of dental hygienists;

(2) provide for the examination and

certification of dental assistants by the board;

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(3) provide for the regulation of dental

technicians by the board; 

(4) regulate the practice of dentistry, dental

assisting and, through the committee, regulate the practice of

dental hygiene; and

(5) provide for the regulation and licensure

of non-dentist owners by the board;

C. adopt and use a seal;

D. administer oaths to all applicants, witnesses

and others appearing before the board or the committee, as

appropriate; 

E. keep an accurate record of all meetings,

receipts and disbursements;

 F. grant, deny, review, suspend and revoke licenses

and certificates to practice dentistry, dental assisting and,

through the committee, dental hygiene and censure, reprimand,

fine and place on probation and stipulation dentists, dental

assistants and, through the committee, dental hygienists, in

accordance with the Uniform Licensing Act for any cause stated

in the Dental Health Care Act and the Dental Amalgam Waste

Reduction Act;

G. grant, deny, review, suspend and revoke licenses

to own dental practices and censure, reprimand, fine and place

on probation and stipulation non-dentist owners, in accordance

with the Uniform Licensing Act, for any cause stated in the

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Dental Health Care Act and the Dental Amalgam Waste Reduction

Act;

H. maintain records of the name, address, license

number and such other demographic data as may serve the needs

of the board of licensees, together with a record of license

renewals, suspensions, revocations, probations, stipulations,

censures, reprimands and fines. The board shall make available

composite reports of demographic data, but shall limit public

access to information regarding individuals to their names,

addresses, license numbers and license actions or as required

by statute;

I. establish ad hoc committees whose members shall

be appointed by the [chairman] chair with the advice and

consent of the board or committee and shall include at least

one member of the board or committee, as it deems necessary for

carrying on its business;

J. have the authority to pay per diem and mileage

to individuals who are appointed by the board or the committee

to serve on ad hoc committees;

K. have the authority to hire or contract with

investigators to investigate possible violations of the Dental

Health Care Act and the Dental Amalgam Waste Reduction Act;

L. have the authority to issue investigative

subpoenas prior to the issuance of a notice of contemplated

action for the purpose of investigating complaints against

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dentists, dental assistants and, through the committee, dental

hygienists licensed under the Dental Health Care Act and the

Dental Amalgam Waste Reduction Act; and

M. establish continuing education or continued

competency requirements for dentists, certified dental

assistants in expanded functions, dental technicians and,

through the committee, dental hygienists."

SECTION 8. TEMPORARY PROVISION--RULEMAKING BY THE NEW

MEXICO BOARD OF DENTAL HEALTH CARE.--The New Mexico board of

dental health care shall promulgate rules by June 30, 2012 to

require that a dental office maintain records of maintenance

and inspection for the three years following the most recent

inspection of an amalgam separator. Use of an amalgam

separation method or technology that is approved by the

department of environment, the water quality control commission

or the New Mexico board of dental health care is in compliance

with the requirements of this section.

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