Sec. 1. 32 MRSA §1094-C is enacted to read:

§1094-C.__Informed consent to the use of mercury or mercury

amalgam in dental procedures

1.__Consent by the patient. A dentist may not use mercury or mercury amalgam in a dental procedure unless, prior to the use, the dentist certifies in writing that the patient gave informed consent freely and without coercion.

2.__Informed consent.__To ensure that the consent for the use of mercury or mercury amalgam in a dental procedure is truly informed consent, the dentist shall inform the patient, in a manner that in the dentist's professional judgment is informative and that will be understood by the patient, of at least the following:

A.__The intended use of mercury or mercury amalgam;

B.__The potential advantages and disadvantages to the use of the mercury or mercury amalgam that relate to health, human biological and environmental issues; and

C.__Other options for completing the dental procedure.

SUMMARY

This bill requires informed consent from the patient for a dental procedure involving the use of mercury or mercury amalgam, including information on the intended use, potential advantages and disadvantages and other options for completing the dental procedure.