Bill Text: NJ A165 | 2016-2017 | Regular Session | Introduced
Bill Title: Directs Division of Consumer Affairs to develop informational brochure regarding dental amalgam, and requires dentists to distribute brochure to patients and offer composite alternatives.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-01-27 - Introduced, Referred to Assembly Health and Senior Services Committee [A165 Detail]
Download: New_Jersey-2016-A165-Introduced.html
STATE OF NEW JERSEY
217th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2016 SESSION
Sponsored by:
Assemblyman RALPH R. CAPUTO
District 28 (Essex)
SYNOPSIS
Directs Division of Consumer Affairs to develop informational brochure regarding dental amalgam, and requires dentists to distribute brochure to patients and offer composite alternatives.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning the use of dental amalgam and supplementing Title 45 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. The Legislature finds and declares that:
a. Mercury is a virulent neurotoxin that can enter the body in several ways. It can be inhaled as vapor, ingested through contaminated fish, and absorbed directly through the skin. Mercury poisoning affects the brain, liver, and kidneys and can cause developmental disorders in children. Since mercury can pass from expectant mother to unborn child, women of childbearing years and children, especially those younger than six years of age, are most susceptible to mercury poisoning;
b. Mercury is such a toxic element that it is being removed from all uses in or affecting the human body, such as vaccines, disinfectants, and thermometers, with the sole exception of dental amalgam, which contains approximately 50% mercury and is still in use;
c. Because of potential health dangers related to the use of dental amalgam, countries such as Canada, Germany, and Sweden have either banned or imposed strict limitations on dental amalgam use;
d. There is compelling evidence from the World Health Organization that mercury in dental amalgam is not contained safely in the metal bonds in the teeth, and can leak slowly into the body, potentially causing illness;
e. There are alternative materials to dental amalgam, such as composite fillings, being used for tooth restoration that provides good durability and resistance to wear, and do not pose a health risk to patients; and
f. In order to make an informed decision, patients should be provided with information that explains the potential advantages and disadvantages of using dental amalgam in dental procedures. Patients should also be informed as to what alternatives are available to dental amalgam, what potential advantages and disadvantages are posed by the use of those alternatives, and offered a choice as to which material they prefer based on the information provided to them.
2. The Director of the Division of Consumer Affairs, in consultation with the New Jersey State Board of Dentistry and the Commissioner of Health and Senior Services, shall develop an informational brochure that explains the potential advantages and disadvantages of using dental amalgam in dental procedures. The brochure shall also explain what alternatives are available to dental amalgam and what potential advantages and disadvantages are posed by the use of those alternatives. The director shall also include such information that the division feels will contribute to a patient's ability to make an informed decision, including, but not limited to, comparative information on the durability, cost, aesthetic quality, or other characteristics of the dental amalgam and the alternative materials available.
3. a. A dentist licensed pursuant to R.S.45:6-1 et seq. shall provide a copy of the informational brochure, as specified in section 2 of this act, to each patient undergoing a filling procedure.
b. A dentist shall be required to offer to each patient undergoing a filling procedure the option of choosing dental amalgam or a composite alternative, when appropriate.
4. This act shall take effect on the 180th day after enactment, but the Director of the Division of Consumer Affairs may take such anticipatory action in advance thereof as shall be necessary for the implementation of this act.
STATEMENT
This bill directs the Director of the Division of Consumer Affairs, in consultation with the New Jersey State Board of Dentistry and the Commissioner of Health and Senior Services, to develop an informational brochure that explains the potential advantages and disadvantages of using dental amalgam in dental procedures. The brochure shall also explain what alternatives are available to dental amalgam and what potential advantages and disadvantages are posed by the use of those alternatives. In addition, the director is to include such information that the division feels will contribute to a patient's ability to make an informed decision, including, but not limited to, comparative information on the durability, cost, aesthetic quality, or other characteristics of the dental amalgam and the alternative materials available.
Due to the potential serious health risks associated with dental amalgam, which contains approximately 50% mercury, its use has been either banned or allowed to be used under strict limitations in such countries as Canada, Germany, and Sweden.
This bill also requires dentists licensed pursuant to R.S.45:6-1 et seq. to provide a copy of the informational brochure to each patient undergoing a filling procedure, and to offer to each patient undergoing a filling procedure the option of choosing dental amalgam or a composite alternative, when appropriate.
