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AMENDED IN ASSEMBLY APRIL 9, 2002 CALIFORNIA LEGISLATURE—2001–02 REGULAR SESSION ASSEMBLY BILL No. 2270 Introduced by Assembly Member Dickerson February 20, 2002 An act to add Section 1648.16 to the Business and Professions Code, relating to health. LEGISLATIVE COUNSEL’S DIGEST AB 2270, as amended, Dickerson. Food, drugs, and cosmetics: labeling: products containing neurotoxins Dental fillings: mercury. The Dental Practice Act provides for the licensing and regulation of dentists by the Dental Board of California. Existing law requires a dentist to provide a fact sheet supplied by the board to each new patient prior to the performance of dental restoration work describing and comparing the risks and efficacy of the various types of dental restorative materials. This bill, on and after January 1, 2007, would prohibit a dentist from providing a patient with a dental filling that contains mercury. The bill would require a dentist to make a specified disclosure to a patient prior to that date when providing a dental filling containing mercury. The bill would make findings and declarations of the Legislature with regard to a dental amalgam containing mercury. A violation of these provisions would constitute unprofessional conduct. Existing law, the Sherman Food, Drug, and Cosmetic Law, contains various provisions regarding the packaging, labeling, and advertising of food, drugs or devices, and cosmetics. Under these provisions, it is 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 AB 2270 — 2 — 98 unlawful for any person to misbrand any drug or device. A violation of any of these provisions is subject to criminal penalty. Existing law provides that a drug or device is misbranded unless its labeling bears, among other things, adequate warnings against use in pathological conditions or by children where its use may be dangerous to health, or against unsafe dosage or methods or duration of administration or application. This bill would declare the intent of the Legislature to enact legislation to ensure that all products containing neurotoxins are properly labeled with adequate health warnings. Vote: majority. Appropriation: no. Fiscal committee: no yes. State-mandated local program: no. The people of the State of California do enact as follows: SECTION 1. It is the intent of the Legislature to enact SECTION 1. The Legislature finds and declares all of the following: (a) Mercury is a highly toxic element. (b) A dental amalgam, commonly referred to as a ‘‘silver filling,’’ consists of 43 to 54 percent mercury. (c) Consumers may be deceived by the use of the term ‘‘silver’’ to describe a dental amalgam, which contains substantially more mercury than silver. (d) A dental amalgam may contain about one-half to three-quarters of a gram of mercury, depending on the size of the filling. (e) The mercury in a dental amalgam continually emits mercury vapors. (f) Mercury toxicity is a retention toxicity that builds up over years of exposure. (g) According to certain scientific studies, Health Canada, and the Agency for Toxic Substances and Disease Registry of the Public Health Service of the federal Department of Health and Human Services, children and pregnant women are at particular risk for exposure to mercury contained in a dental amalgam. (h) According to the Agency for Toxic Substances and Disease Registry Agency, the mercury from amalgam goes through the placenta of pregnant women and through the breast milk of 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 AB 2270 —3— 98 lactating women, giving rise to health risks to an unborn child or a baby. (i) The federal Environmental Protection Agency considers removed amalgam filling and extracted teeth containing amalgam material to be hazardous waste. (j) The use of mercury in any product being put into the body is opposed by many health groups, including the American Public Health Association, the California Medical Association, and Health Care Without Harm. (k) Consumers and parents have a right to know, in advance, the risks of placing a product containing a substantial amount of mercury in their mouths or the mouths of their children. (l) Alternatives to mercury-based dental fillings exist, but many publicly and privately financed health plans do not allow consumers to choose alternatives to mercury amalgams. SEC. 2. Section 1648.16 is added to the Business and Professions Code, to read: 1648.16. (a) Notwithstanding any other provision of law, effective January 1, 2007, a dentist shall not provide a patient with a dental filling that contains mercury. (b) Prior to January 1, 2007, a dentist that provides a patient with a dental filling that contains mercury shall provide the patient with the following written disclosure: ‘‘This dental amalgam contains approximately 50 percent mercury, a highly toxic element, and therefore poses health risks. This product should not be administered to children less than 18 years of age, pregnant women, or lactating women.’’ (c) A violation of this section constitutes unprofessional conduct and is grounds for the revocation or suspension of the dentist’s permit, certificate, license, or all three, or the dentist may be reprimanded or placed on probation. The proceedings under this section shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the board shall have all of the powers granted therein. 1 2 AB 2270 — 4 — 98 legislation to ensure that all products containing neurotoxins are properly labeled with adequate health warnings. O |
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