An Act To Limit Mercury Exposure
Maine Legislature, Session 123, LD 0637
Committee: Natural Resources
Sponsors: CLEARY, MARTIN, HARLOW, HAYES, SUTHERLAND
Amends: 38 MRSA §1667-A

Legislative Document 
No. 637 
H.P.486 
House of Representatives, February 8, 2007 
An Act To Limit Mercury Exposure 
(EMERGENCY) 
Reference to the Committee on Natural Resources suggested and ordered printed. 
Presented by Representative CLEARY of Houlton. 
Cosponsored by Senator MARTIN of Aroostook and 
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MILLICENT M. MacFARLAND 
Clerk 
Representatives: HARLOW of Portland, HAYES of Buckfield, SUTHERLAND of Chapman, 
W AGNER of Lewiston. 
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Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, mercury amalgam fillings are unsafe for humans and the environment; 
and 
Whereas, it is imperative that the use of mercury amalgam fillings be stopped as 
soon as possible; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
II 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 38 MRSA §1667-A is enacted to read: 
§1667-A. Transition to mercury-free dentistry 
1. 
Filling material; consumer choice. 
By July I, 2008, 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 2008, schools that offer trammg 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 2 have immunity from liability as a result of any mercury fillings placed in 
patients' teeth through June 30, 2008 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, 
Maine Center for Disease Control and Prevention. This immunity does not exist with 
respect to any mercury amalgam placed in patients' teeth after June 30, 2008. 
4. Prohibited. After January I, 2009, 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 1, 20 I 0, 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. 
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6. Annual report. Each dentist and dental office in the State shall submit an annual 
report to the department describing the quantities of mercury amalgam purchased, used 
and recycled from dry sources and wet sources. 
7. Rules. The department shall establish rules for dental offices to limit mercury 
releases relative to: 
A. Adherence to best management practices; 
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 fixtures; 
F. Enforcement of the routine monitoring of amalgam separator syst~ms, pursuant to 
section 1667, su bsection 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. 
Emergency clause. 
In vIew of the emergency cited III the preamble, this 
legislation takes effect when approved. 
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 2008 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. 
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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 quantities 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.