1.1                          A bill for an act 
  1.2             relating to dentistry; requiring informed consent for 
  1.3             certain procedures using mercury amalgam; prohibiting 
  1.4             certain professional sanctions; proposing coding for 
  1.5             new law in Minnesota Statutes, chapter 150A. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [150A.22] [USE OF MERCURY AMALGAMS AND 
  1.8   PROSTHETICS.] 
  1.9      Subdivision 1.  [INFORMED CONSENT.] Before performing a 
  1.10  dental procedure or treatment that involves the placement or 
  1.11  implant of mercury amalgam or any other dental prosthetic 
  1.12  containing mercury, a dentist shall inform the patient of the 
  1.13  procedure or treatment to be used and all associated risks that 
  1.14  a reasonable patient would consider significant in making a 
  1.15  decision of whether to undergo the procedure or treatment or 
  1.16  choose an alternative procedure or treatment, including any 
  1.17  special risks involved of which the dentist knows or should 
  1.18  reasonably know. 
  1.19     Subd. 2.  [FORM.] The commissioner of health shall prepare 
  1.20  a form for use in providing information to patients under 
  1.21  subdivision 1.  In preparing the form, the commissioner shall 
  1.22  consult with dental professionals representing a variety of 
  1.23  disciplines and viewpoints with respect to the use of mercury 
  1.24  amalgam and other dental prosthetics containing mercury, as well 
  1.25  as consumer advocates.  In addition, the commissioner shall 
  2.1   collect and evaluate studies and research findings from a wide 
  2.2   range of organizations involved in researching and evaluating 
  2.3   the use of mercury in dental procedures. 
  2.4      Subd. 3.  [REMOVAL OF MERCURY AMALGAM.] A dentist may not 
  2.5   be sanctioned, reprimanded, punished, or otherwise prohibited 
  2.6   from practicing dentistry by any entity or organization where 
  2.7   the dentist has determined, within the dentist's professional 
  2.8   judgment, that the removal and replacement of a mercury amalgam 
  2.9   filling is reasonably necessary to restore or protect the 
  2.10  patient's health and safety, and where the dentist proceeds to 
  2.11  remove and replace the filling after making this determination.