SF 641

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to health; requiring removal of dental
mercury before cremation; requiring dentists to
install amalgam separators; amending Minnesota
Statutes 2004, section 149A.95, subdivision 7;
proposing coding for new law in Minnesota Statutes,
chapter 150A.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2004, section 149A.95,
subdivision 7, is amended to read:

Subd. 7.

Handling of dead human bodies.

new text begin (a) new text end All
crematory employees handling dead human bodies shall use
universal precautions and otherwise exercise all reasonable
precautions to minimize the risk of transmitting any
communicable disease from the body. No dead human body shall be
removed from the container in which it is delivered to the
crematory without express written authorization of the person
with legal right to control the disposition. If, after
accepting delivery of a body for cremation, it is discovered
that the body contains an implanted mechanical or radioactive
device, that device must be removed from the body by a licensed
mortician or physician prior to cremation.

new text begin (b) If, after accepting delivery of a body for cremation,
it is discovered that the body contains dental mercury, the
mercury or amalgam must be removed from the body by a licensed
mortician or dentist before cremation.
new text end

Sec. 2.

new text begin [150A.23] AMALGAM SEPARATOR REQUIREMENT AND
EXEMPTIONS.
new text end

new text begin (a) By July 1, 2007, every dental office located in the
state must have installed an amalgam separator approved by the
Minnesota Dental Association to capture amalgam waste generated
in the dental office.
new text end

new text begin (b) A dental office listed in this paragraph may apply for
an exemption from this section:
new text end

new text begin (1) a clinical site where all of the dentists are
specialists who do not place or remove amalgam. Those
specialists are:
new text end

new text begin (i) orthodontists;
new text end

new text begin (ii) periodontists;
new text end

new text begin (iii) endodontists;
new text end

new text begin (iv) oral and maxillofacial surgeons;
new text end

new text begin (v) oral and maxillofacial radiologists; and
new text end

new text begin (vi) oral and maxillofacial pathologists;
new text end

new text begin (2) a clinical site where the dentist or dentists attest on
a signed form that they do not place or remove amalgam;
new text end

new text begin (3) a site that is scheduled to no longer be used as a
dental office after January 1, 2007;
new text end

new text begin (4) a site owned and operated by a nonprofit organization,
where dentists provide dental care on a voluntary basis; and
new text end

new text begin (5) a mobile or portable dental office that can show it is
minimally engaged in amalgam placement or removal or there are
reasons why it is not practical for the mobile or portable
dental office to install an amalgam separator.
new text end