72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 258
 
                         Senate Bill 681
 
Sponsored by Senator MORRISETTE; Senators GEORGE, SHIELDS,
  WALKER, Representatives MARCH, NELSON (at the request of
  Mothers Against Mercury Amalgam (MAMA), Oregon Center for
  Environmental Health, Consumers for Dental Choice, Parents
  Concerned About Autism, Dental Amalgam Mercury Syndrome, Oregon
  Doctors of Chiropractic)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Requires written informed consent prior to procedure or
treatment that uses dental materials containing mercury.
Prohibits use of dental materials containing mercury in women of
child-bearing age or in children. Prohibits use of dental
materials containing mercury in people with metal orthodontic
devices in their mouths. Prohibits use of dental materials
containing mercury after July 1, 2007.
  Declares emergency, effective September 1, 2003.
 
                        A BILL FOR AN ACT
Relating to the practice of dentistry; and declaring an
  emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Sections 2 to 5 of this 2003 Act are added to
and made a part of ORS chapter 679. + }
  SECTION 2.  { + (1) A dentist must obtain written informed
consent from a patient prior to any dental procedure or treatment
that includes the use of dental materials containing mercury.
  (2) The informed consent form must be in substantially the
following form in at least 12-point type: + }
 
________________________________________________________________
 
 
                               { +
INFORMED CONSENT FOR DENTAL MATERIALS + }
                               { +
CONTAINING MERCURY + }
 { +  Patient's name: ____________ + }
 { +  Date of procedure or treatment: _____ + }
 { +  Name of dentist performing procedure or treatment:
____________ + }
 { +  Brand name, trade name and commonly used name of dental
material containing mercury: ____________ + }
 
 { +  NOTICE: The above dental material contains mercury. + }
 
 { +  1. Mercury vapor is released from dental materials
containing mercury. + }
 
 { +  2. The human nervous system is very sensitive to all forms
of mercury. + }
 
 { +  3. Mercury vapors are more harmful than other forms of
mercury, because more mercury in this form reaches the brain. + }
 
 { +  4. Exposure to mercury can permanently damage the brain,
kidneys and a developing fetus. + }
 
 { +  5. The effects of mercury on brain function may include
irritability, shyness, tremors, changes in vision or hearing and
memory problems. + }
 
 { +  6. Short-term exposure to high levels of mercury vapors may
cause side effects, including lung damage, nausea, vomiting,
diarrhea, increases in blood pressure or heart rate, skin rashes
and eye irritation. + }
 
 { +  7. Fetuses and very young children are more sensitive to
mercury than are adults. Mercury in the mother's body passes into
the fetus and can pass to a nursing infant through breast
milk. + }
 
 { +  8. The harmful effects of mercury that may be passed from
the mother to the developing fetus include brain damage, mental
retardation, incoordination, blindness, seizures and an inability
to speak. Children poisoned by mercury may develop problems of
their nervous and digestive systems and kidney damage. + }
 
 { +  Patient acknowledgment: My signature attests that I have
read and understood this description of the effects of mercury as
set out in this informed consent form. I consent to the use of
the named dental material containing mercury. I have been
provided with a signed copy of this form. + }
 
 { +  Patient's signature or guardian's signature:
____________ + }
 { +  If patient is incapacitated, name of patient:
____________ + }
 { +  Treating dentist's signature: ____________ + }
 
________________________________________________________________
 
 
   { +  (3) A copy of the signed informed consent form must be
provided to the patient. The original signed informed consent
form shall be placed in the dental chart of the patient for as
long as the dentist retains the dental chart for the patient. + }
  SECTION 3.  { + A dentist may not treat a patient using dental
materials containing mercury if the patient:
  (1) Is younger than 19 years of age, is pregnant or is
premenopausal; or
  (2) Has a metal orthodontic device in the mouth. + }
  SECTION 4. { +  A dentist is not subject to discipline under
ORS 679.140 for:
  (1) Providing information to a patient about the risks and
benefits of the use of restorative dental materials or performing
dental procedures; or
  (2) Using or removing professionally recognized restorative
dental materials. + }
  SECTION 5.  { + A dentist may not treat a patient using dental
materials containing mercury. + }
  SECTION 6.  { + Sections 2 and 3 of this 2003 Act are repealed
January 2, 2008. + }
  SECTION 7.  { + Section 5 of this 2003 Act becomes operative
January 3, 2008. + }
  SECTION 8.  { + This 2003 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2003 Act takes effect September 1,
2003. + }
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