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------------------------------------------------------------------------------------------ ¦ REFERENCE TITLE: mercury amalgam fillings; notification ¦ ------------------------------------------------------------------------------------------ ¦ ¦ ¦ ¦ ¦ ¦ ¦ State of Arizona ¦ ¦ House of Representatives ¦ ¦ Forty-seventh Legislature ¦ ¦ First Regular Session ¦ ¦ 2005 ¦ ¦ ¦ ------------------------------------------------------------------------------------------ ¦ HB 2684 ¦ ------------------------------------------------------------------------------------------ ¦ Introduced by ¦ ¦ Representatives Gorman, Landrum Taylor, Senator Johnson: Representatives Chase, ¦ ¦ Farnsworth, Lopez L, Senators Gray, Rios, Verschoor ¦ ------------------------------------------------------------------------------------------
AN ACT
AMENDING TITLE 32, CHAPTER 11, ARTICLE 3, ARIZONA REVISED STATUTES, BY ADDING SECTION 32-1270; RELATING TO THE BOARD OF DENTAL EXAMINERS.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 32, chapter 11, article 3, Arizona Revised Statutes, is amended by adding section 32-1270, to read:
32-1270. Mercury amalgam fillings; warning; acknowledgement; schools; liability
A. BEFORE A DENTIST LICENSED PURSUANT TO THIS CHAPTER PLACES A DENTAL FILLING IN A PATIENT'S MOUTH, THE DENTIST MUST PROVIDE THE FOLLOWING WRITTEN DISCLOSURE STATEMENT TO THE PATIENT OR A MINOR PATIENT'S PARENT OR GUARDIAN:
NOTICE TO PARENTS AND YOUNG WOMEN: MERCURY AMALGAM (SILVER-COLORED) FILLINGS ARE COMPOSED OF BETWEEN FORTY-THREE PER CENT AND FIFTY-FOUR PER CENT MERCURY. MERCURY CAN HARM THE DEVELOPING BRAIN OF A CHILD OR FETUS, SO EXPOSURE TO MERCURY SHOULD BE AVOIDED BY PREGNANT WOMEN AND CHILDREN. MERCURY VAPORS, EMITTED FROM AMALGAM IN SMALL QUANTITIES, COULD ACCUMULATE IN THE BRAIN, KIDNEYS AND OTHER ORGANS OF THE BODY. CONSULT YOUR DENTIST ABOUT ALTERNATIVES TO MERCURY AMALGAM.
B. THE PATIENT OR THE MINOR PATIENT'S PARENT OR GUARDIAN MUST SIGN A STATEMENT THAT ACKNOWLEDGES THAT THE PATIENT, PARENT OR GUARDIAN READ THE DISCLOSURE STATEMENT OR THAT THE DENTIST READ THE DISCLOSURE STATEMENT TO THE PATIENT, PARENT OR GUARDIAN. THE DENTIST MUST FILE THE SIGNED STATEMENT IN THE PATIENT'S RECORDS.
C. UNTIL MERCURY AMALGAM IS BANNED IN THE UNITED STATES OR THIS STATE, SCHOOLS FOR DENTISTRY, DENTAL HYGIENE OR DENTAL ASSISTANTS LOCATED IN THIS STATE MAY CONTINUE TO TEACH THE PLACING OF MERCURY AMALGAM FILLINGS IF STUDENTS ARE INSTRUCTED REGARDING THE NOTIFICATION AND ACKNOWLEDGMENT REQUIREMENTS OF SUBSECTIONS A AND B AND ARE TAUGHT APPROPRIATE SAFETY PROTOCOLS FOR BOTH PATIENTS AND PROFESSIONALS RELATING TO THE PLACEMENT AND REMOVAL OF MERCURY AMALGAM FILLINGS.
D. A DENTIST WHO COMPLIES WITH THE NOTIFICATION AND ACKNOWLEDGEMENT REQUIREMENTS OF SUBSECTIONS A AND B IS NOT SUBJECT TO CIVIL LIABILITY FOR ANY ADVERSE HEALTH EFFECTS CAUSED BY THE DENTIST'S USE OF MERCURY AMALGAM FILLINGS IF THE USE OF THOSE FILLINGS WAS PERMITTED AT THAT TIME.
Sec. 2. Issuance of notification of duty to disclose
On or before November 15, 2005, the state board of dental examiners must notify each dentist licensed pursuant to title 32, chapter 11, Arizona Revised Statutes, of the patient notification and acknowledgment requirements of section 32-1270, Arizona Revised Statutes, as added by this act.