An Act To Restrict the Use of Mercury in Dental Fillings in State-funded Dental Procedures
Maine Legislature, Session 129, LD 1161
Committee Amendment CA_A_S181 (Senate)
Amends: 22 MRSA §3174-C

COMMITTEE AMENDMENT "(t-" to S.P. 349, L.D. 1161, Bill, "An Act To 
Restrict the Use of Mercury in Dental Fillings in State-funded Dental Procedures" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Restrict the Use of Mercury in Dental Fillings in MaineCare-funded 
Dental Procedures' 
Amend the bill by striking out all of section 1 and inserting the following: 
'Sec. 1. 22 MRSA §3174-CCC is enacted to read: 
§3174-CCC. MaineCare-funded mercury amalgam fillings 
Beginning January 1, 2020, a dentist or dental hygienist may not place a mercury 
amalgam filling in a tooth as part of a procedure that is covered by MaineCare except in 
accordance with this section. For purposes of this section, "dentist" means a dentist 
licensed under Title 32, section 18342 and "dental hygienist" means a dental hygienist 
with dental hygienist therapy authority under Title 32, section 18345, subsection 2, 
paragraph C. 
1. Exception. A dentist or dental hygienist may place a mercury amalgam filling in 
a tooth as part of a procedure that is covered by MaineCare only if: 
A. The patient or the patient's parent or legal guardian signs a consent form specified 
or approved by the department that affirms that the patient or the patient's parent or 
legal guardian: 
(1) Has been provided and has reviewed the brochure required to be provided 
under Title 32, section 18391; and 
(2) Understands the potential effects of mercury in dental amalgam on the 
patient and the environment and has been made aware of the alternatives to 
mercury amalgam fillings; and 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" F, "to S.P. 349, L.D. 1161 • 
B. The dentist or dental hygienist submits, with the request for reimbursement under 
MaineCare, the form signed under paragraph A. 
2. Record retention. A dentist or dental hygienist shall retain in the patient's dental 
records a copy of the consent form signed under subsection 1 for a period of at least 3 
years and shall make the form available for review during MaineCare recertification. 
3. Rules. The department may adopt rules governing the form required under 
subsection 1. Rules adopted under this subsection are routine technical rules as defined 
in Title 5, chapter 375, subchapter 2-A. 
Sec. 2. Appropriations and allocations. The following appropriations and 
allocations are made. 
HEALTH AND HUMAN SERVICES, DEPARTMENT OF 
Medical Care - Payments to Providers 0147 
Initiative: Provides appropriations and allocations for MaineCare members to receive 
resin-based fillings instead of mercury amalgams. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
FEDERAL EXPENDITURES FUND 
All Other 
FEDERAL EXPENDITURES FUND TOTAL 
2019-20 
$8,616 
$8,616 
2019-20 
$15,498 
$15,498 
2020-21 
$17,232 
$17,232 
2020-21 
$30,997 
$30,997 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment, which is the minority report of the committee, replaces the bill. 
This amendment provides that, beginning January 1, 2020, a person licensed as a dentist 
or dental hygienist with dental hygienist therapy authority may place a mercury amalgam 
filling in a tooth as part of a procedure that is covered by MaineCare only if the patient or 
the patient's parent or legal guardian signs a consent form. The signed form must be 
submitted with the request for reimbursement under MaineCare and a copy of the signed 
form must be retained in the patient's records for a period of at least 3 years for review 
during MaineCare recertification. This amendment also includes an appropriations and 
allocations section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Revised: 05/30/19 fe.ac 
LD 1161 
LR 1715(02) 
An Act To Restrict the Use of Mercury in Dental Fillings in State-funded Dental Procedures 
Fiscal Note for Bill as Amended by Committee Amendment "Pi"CS- \S'IJ 
Committee: Health and Human Services 
Net Cost (Savings) 
General Fund 
:Appropriations/ Allocations 
General Fund 
Federal Expenditures Fund 
Revenue 
Federal Expenditures Fund 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2019-20 
$8,616 
$8,616 
$15,498 
$15,498 
FY 2020-21 
$17,232 
$17,232 
$30,997 
$30,997 
Projections 
FY 2021-22 
$17,232 
$17,232 
$30,997 
$30,997 
Projections 
FY 2022-23 
$17,232 
$17,232 
$30,997 
$30,997 
The bill includes General Fund appropriations to the Department of Health and Human Services of $8,616 in fiscal 
year 2019-20 and $17,232 in fiscal year 2020-21 for MaineCare members to receive resin based fillings instead of 
mercury amalgams. Federal Expenditures Fund allocations are also included for the FMAP match. 
LRl 715(02) - Fiscal Note - Page I of I