An Act To Limit Human Exposure to Mercury
Maine Legislature, Session 122, LD 1338
Committee: Natural Resources
Sponsors: DAMON, BARTLETT, BRENNAN, MARTIN, MAYO, STRIMLING, ADAMS, TWOMEY
Amends: 38 MRSA §1667-A

Legislative Document 
No. 1338 
S.P.465 
In Senate, March 17,2005 
An Act To Limit Human Exposure to Mercury 
Reference to the Committee on Natural Resources suggested and ordered printed. 
Presented by Senator DAMON of Hancock. 
JOY J. O'BRIEN 
Secretary of the Senate 
Cosponsored by Senators: BARTLETT of Cumberland, BRENNAN of Cumberland, MARTIN 
of Aroostook, MAYO of Sagadahoc, STRIMLING of Cumberland, Representatives: ADAMS 
of Portland, TWOMEY of Biddeford. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 38 MRSA §1667-A is enacted to read: 
§I667-A. 
Transition to mercury-free dentistry 
1. 
Filling material; consumer choice. 
By July 1, 2006, all 
state 
and 
local 
government 
dental 
plans, 
Medicaid 
and 
private-sector dental 
plans 
must 
provide 
consumer 
choice 
in 
filling materials. 
If the costs of different kinds of fillings 
are different, the 3rd-party payor may limit coverage to the cost 
of the lowest-priced filling. 
The patient is allowed to have a 
higher-priced filling and pay the difference. 
2. 
Dental schools. 
Beginning in January 2006, schools that 
offer training in dentistry, including dental hygiene and dental 
assisting, shall teach the risks of exposure to mercury in dental 
offices and dental laboratories. 
3. 
Immunity from liability. 
Dentists and dental offices as 
defined 
in 
section 
1667, 
subsection 
have 
immunity 
from 
liability as a result of any mercury fillings placed in patients' 
teeth through June 30, 2006 if the dentists give to patients, as 
required 
by 
law, 
the 
disclosure 
statement, 
"Fillings: 
The 
Choice You Have: 
Mercury Amalgam and Other Filling Materials, " 
published by the Department of Health and Human Services, Bureau 
of Health. 
This immunity does not exist with respect to any 
mercury amalgam placed in patients' teeth after June 30, 2006. 
4. 
Prohibited. 
After January 1, 
2007, 
a dentist or 
a 
dental office in the State may not place a mercury filling in a 
tooth of a child who has not reached 6 years of age or in a tooth 
of a pregnant woman. 
After January L 
2008, 
a dentist or a 
dental office in the State may not place mercury fillings in 
patients' teeth. 
5. 
Education. 
The 
department 
shall 
coordinate 
the 
development of an education, outreach and assistance program for 
dentists to discourage 
the environmental 
release 
and 
use 
of 
dental mercury. 
6. 
Annual report. 
A dentist or a dental office in the 
State shall submit an annual report to the department describing 
the guantities of mel:-cul:-Y amalgam pUl:-chased, used and recycled 
from dl:-Y sources and wet sources. 
7. 
Rules. 
The department shall establish l:-ules fOl:- dental 
offices to limit mercury releases relative to: 
A. 
Adhel:-ence to best management practices; 
Page l-LR0863(1) 
B. 
The 
use 
of chairside traps to capture 
and collect 
mercury; 
C. 
The use of advanced filtration technology; 
D. 
The recycling of used dental mercury amalgam capsules 
generated from a dental facility; 
E. 
Cleaning and replacing mercury laden pipes and plumbing 
fixture~ 
F. 
Enforcement 
of 
the 
routine 
monitoring 
of 
amalgam 
separator systems, pursuant to section 1667, subsection 3; 
and 
G. 
Managing 
surplus quantities 
of 
dental 
or 
elemental 
mercury properly. 
Rules adopted pursuant to this subsection are routine technical 
rules as defined in Title 5, chapter 375, subchapter 2-A. 
8. 
Enforcement. 
The department is responsible for ensuring 
that all dental clinics that place or remove mercury amalgam 
fillings comply with all the provisions of this section. 
9. 
Penalty. 
A person who violates this section or rules 
adopted pursuant to this section commits a civil violation for 
which a fine of not less than $10,000 nor more than $100,000 may 
be adjudged. 
This section does not apply to manufacturers of mercury 
amalgam or national or state dental associations. 
Sec. 2. Septic system study. 
The Department of Environmental 
Protection shall conduct and oversee a study to determine the 
environmental impact of dental mercury released in rural septic 
systems. 
SUMMARY 
This bill requires the elimination of mercury in dental 
offices over a 
3-year period. 
The bill also requires dental 
schools to include in their curricula by January 2006 the risks 
of exposure to mercury. 
The bill also requires a dental office to post in the office 
the disclosure statement published by the Department of Health 
and Human Services, 
Bureau of Health on the risks of having 
mercury fillings. 
The bill also 
requires 
the 
Department of 
Environmental 
Protection to 
develop 
an 
education, 
outreach 
and 
assistance 
program for dentists. 
The bill requires dentists to file an 
annual report with the department describing the quanti ties of 
mercury amalgam purchased, used and recycled from dry sources and 
wet sources. 
The bill requires the Department of Environmental Protection 
to establish rules for dental offices to limit mercury releases. 
The bill establishes a penalty in the amount of not less 
than $10,000 nor more than $100,000 for a violation. 
The bill also 
requires 
the 
Department of 
Environmental 
Protection to conduct a septic system study concerning the impact 
of dental mercury releases in rural areas.