[atlas:bill]

AN ACT Relating to mercury amalgam dental fillings; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. (1) There is established a task force on mercury amalgam dental fillings to evaluate scientific and clinical studies related to adverse health effects, if any, of mercury amalgam dental fillings. The task force must hold public hearings and take testimony and accept exhibits from all interested persons and entities.

(2) The task force consists of fifteen members appointed by the governor. The membership includes:

(a) Two members from consumer protection organizations;

(b) Two dentists nominated by the Washington state dental quality assurance commission;

(d) One toxicologist or research scientist;

(e) One chemical engineer or research scientist;

(f) Two physicians licensed to practice in this state under chapter 18.57 or 18.71 RCW;

(g) Two naturopaths licensed under chapter 18.36A RCW;

(h) Two members of the general public; and

(i) One member from the governor's office of health policy.

(3) All members must be appointed within sixty days of the effective date of this section.

(4) The first meeting of the task force must take place within ninety days of the effective date of this section. The governor's office must appoint or hire a facilitator to conduct the first meeting of the task force. The purpose of the first meeting is for the task force members to become acquainted and to choose a chair. No less than eleven task force members must be present in order to choose a chair.

(5) The Washington state department of health must provide staff to the task force. If a dispute arises as to the level of staffing, the governor must appoint an arbitrator to determine a reasonable level of staffing for the task force to accomplish its mission.

(6) The task force must issue a report to the legislature and governor by June 30, 2003. The report must include, but is not limited to:

(a) A statement of the controversy related to the use of mercury amalgam dental restorative materials. The statement of controversy must include a history of the issue, the food and drug administration's approval process, and current uses of mercury amalgam dental restorative materials;

(b) A summary of the evidence supporting a conclusion that mercury amalgam dental restorative materials are safe and effective;

(c) A summary of the evidence supporting a conclusion that mercury amalgam dental fillings are harmful to dental consumers;

(d) Conclusions of the task force on the safety and effectiveness of mercury amalgam dental restorative materials. The task force must consider the precautionary principle in formulating its conclusions;

(e) An estimate of the beneficial and adverse economic impacts in Washington of banning the use of mercury amalgam dental restorative materials; and

(f) Recommended legislation including, but not limited to:

(i) The proper handling, notice, and disposal of mercury;

(ii) A modification of dental insurance coverage to include mercury amalgam dental restorative alternatives;

(iii) A review of required curriculum in state-supported dental schools; and

(iv) The establishment of an ad hoc review commission, to be in existence for up to ten years, to ensure that legislative intent is met by the practitioners, suppliers, and those affected by the new legislation.

(7) The task force may issue minority reports.