Sec. 1. 38 MRSA §1667-A is enacted to read:

§1667-A.__Transition to mercury-free dentistry

1.__Filling material; consumer choice.__By July 1, 2006, all state and local government dental plans, Medicaid and private- sector dental plans must provide consumer choice in filling materials.__If the costs of different kinds of fillings are different, the 3rd-party payor may limit coverage to the cost of the lowest-priced filling.__The patient is allowed to have a higher-priced filling and pay the difference.

2.__Dental schools.__Beginning in January 2006, schools that offer training in dentistry, including dental hygiene and dental assisting, shall teach the risks of exposure to mercury in dental offices and dental laboratories.

3.__Immunity from liability.__Dentists and dental offices as defined in section 1667, subsection 2 have immunity from liability as a result of any mercury fillings placed in patients' teeth through June 30, 2006 if the dentists give to patients, as required by law, the disclosure statement,__"Fillings:__The Choice You Have:__Mercury Amalgam and Other Filling Materials," published by the Department of Health and Human Services, Bureau of Health.__This immunity does not exist with respect to any mercury amalgam placed in patients' teeth after June 30, 2006.

4.__Prohibited.__After January 1, 2007, a dentist or a dental office in the State may not place a mercury filling in a tooth of a child who has not reached 6 years of age or in a tooth of a pregnant woman.__After January 1, 2008, a dentist or a dental office in the State may not place mercury fillings in patients' teeth.

5.__Education.__The department shall coordinate the development of an education, outreach and assistance program for dentists to discourage the environmental release and use of dental mercury.

6.__Annual report.__A dentist or a dental office in the State shall submit an annual report to the department describing the quantities of mercury amalgam purchased, used and recycled from dry sources and wet sources.

7.__Rules.__The department shall establish rules for dental offices to limit mercury releases relative to:

A.__Adherence to best management practices;