SB 99

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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.

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

SECTION 1. SHORT TITLE.--Sections 1 through 6 of this

act may be cited as the "Dental Amalgam Waste Reduction Act".

SECTION 2. 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 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
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the New Mexico board of dental health care under the

management of a licensed owner, operator or designee.

SECTION 3. INSTALLATION OF AMALGAM SEPARATOR 

REQUIRED.--By December 31, 2014, 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.

SECTION 4. 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; or

G. a portable dental office without a fixed
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connection for wastewater discharge.

SECTION 5. 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 shall retain the reported information for review

coincident with the board's licensing and renewal functions.

SECTION 6. 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) 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, when designated, shall:

A. enforce and administer the provisions of the

Dental Health Care Act and the Dental Amalgam Waste Reduction
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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;

(3) provide for the regulation of dental

technicians by the board; 

(4) regulate the practice of dentistry and

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
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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 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. hire and contract for services from persons as

necessary to carry out the board's duties;

J. establish ad hoc committees whose members shall

be appointed by the chair with the advice and consent of the

board or committee and shall include at least one member of
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the board or committee as it deems necessary for carrying on

its business;

K. 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;

L. 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;

M. have the authority to issue investigative

subpoenas prior to the issuance of a notice of contemplated

action for the purpose of investigating complaints against

dentists, dental assistants and, through the committee,

dental hygienists licensed under the Dental Health Care Act

and the Dental Amalgam Waste Reduction Act;

N. have the authority to sue or be sued and to

retain the services of an attorney at law for counsel and

representation regarding the carrying out of the board's

duties;

O. have the authority to create and maintain a

formulary, in consultation with the board of pharmacy, of

medications that a dental hygienist may prescribe, administer

or dispense in accordance with rules the board has

promulgated; and

P. establish continuing education or continued
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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, 2013

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.