BILL REQ. #:  H-0688.1 

Read first time 01/30/09.   Referred to Committee on Health Care & Wellness.

     AN ACT Relating to the use of mercury in the practice of dentistry; adding a new section to chapter 70.95M RCW; and creating a new section.

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

NEW SECTION.  Sec. 1   The legislature finds that:
     (1) Dentists in the United States purchase approximately thirty-four tons of elemental mercury annually. There are one hundred seventy-five thousand dentists in the United States and the state of Washington has approximately five thousand five hundred dentists. Proportionally, that means that Washington dentists import over two thousand one hundred forty pounds of elemental mercury per year into Washington. This importation of elemental mercury is an unacceptable burden to the state's environment, especially its waterways and fishing industry;
     (2) Chairside traps and amalgam separators catch some of the mercury waste from dental offices which, along with mercury in biohazard bags, is recycled, incinerated, or buried as hazardous waste. However, most mercury used in dental offices is implanted into the mouths of the adults and children in Washington, where it ultimately returns directly into the environment through human waste via wastewater treatment plants and septic systems, cremations that emit mercury into the air, and burials that place mercury in the ground. Thus, mercury imported for dental fillings is a major contributor of mercury into the environment of the state of Washington;
     (3) Mercury from dentistry harms the Washington economy, which is dependent on fishing, outdoor recreation, and other activities requiring clean water and clean air;
     (4) Mercury fillings are no longer necessary in dentistry. Current dental technology provides nonmercury dental materials for every cavity for any person. According to a 2007 survey, fifty-two percent of all dentists are now mercury-free, and all dentists know how to place alternatives to mercury fillings;
     (5) Mercury fillings cause exposure to mercury, an acute neurotoxin, which is known to damage the developing brain of a child or fetus. Scientists for the United States environmental protection agency report that six hundred thirty thousand babies are born each year in the United States, one in six with so much in utero exposure to mercury they are at risk of brain damage. Thus, mercury exposure from any source should be avoided;
     (6) The goal of the Washington state mercury chemical action plan is to target mercury as the first priority in the state's persistent, bioaccumulative toxins strategy and describes elements of a statewide campaign to virtually eliminate the use and release of human-caused mercury in Washington state. This goal cannot be met if the state allows an exemption for dentistry; and
     (7) A transition to mercury-free dentistry is both feasible and necessary, and can be undertaken in a manner beneficial to dentists, dental workers, and dental consumers.

NEW SECTION.  Sec. 2   A new section is added to chapter 70.95M RCW to read as follows:
     (1) Beginning August 1, 2009, all state and local government dental insurance plans, medicaid dental insurance plans, and private sector dental insurance plans must provide alternatives to mercury amalgam as a dental tooth restoration material. If there is a difference in cost for alternative nonmercury restoration materials, third-party payers may limit the coverage to the cost of the amalgam restoration unless the dental consumer is allowed to pay the difference.
     (2) Beginning August 1, 2009, any person or institution in the state that offers training in dentistry, including dental hygiene and dental assisting, must teach the risks of exposure to mercury in dental offices and dental laboratories and safe techniques for protection of workers and patients.
     (3) Beginning January 1, 2010, no mercury amalgam dental filling may be placed in children under six years of age or in pregnant women.
     (4) Beginning January 1, 2012, no mercury amalgam dental filling may be placed in any person in the state of Washington.
     (5)(a) Dentists and corporations providing consumer dental services are immune from liability for harm to dental consumers from past exposures to mercury in mercury amalgam dental fillings placed prior to the dates listed in subsections (1), (3), and (4) of this section.
     (b) There is no immunity from liability for any entity involved in placing mercury amalgam dental fillings after the dates listed in subsections (1), (3), and (4) of this section.