CHAPTER 125
H.P. 1637 - L.D. 2140
Resolve, Regarding Legislative Review of Chapter 296: Patient Brochure and Poster on Dental Amalgam and Alternatives, a Major Substantive Rule of the Department of Human Services
Sec. 1. Adoption. Resolved: That final adoption of Chapter 296: Patient Brochure and Poster on Dental Amalgam and Alternatives, a provisionally adopted major substantive rule of the Department of Human Services, that has been submitted to the Legislature for review pursuant to the Maine Revised Statutes, Title 5, chapter 375, subchapter II-A is authorized only with the following changes.
1. The poster may not include the words "Ask for a copy of this brochure" but must include the words "Your Dentist is required to give you a copy of this brochure in accordance with State Law (32 MRSA, section 1094-C)".
2. The 2nd paragraph in the section of the rule titled "About this Booklet" may not include the words "Many years of using mercury in batteries" but must include the words "Many years of burning coal along with using mercury in products like batteries".
3. The first paragraph in the section of the rule titled "Amalgam Fillings and Mercury" may not include the words "grinding your teeth, drinking hot liquids, and tooth brushing" but must include the words "grinding your teeth, and drinking hot liquids" and may not include the words "does not enter our bodies" but must include the words "does not enter our bloodstream".
4. The 2nd paragraph of the rule in the section titled "Health Concerns" may not include the words "To be careful, Canada and several countries in Europe have put limits on the use of mercury amalgam. They warn that women should not have amalgam fillings placed in or removed from their teeth if they are pregnant" but must include the words "To be careful, Canada and several countries in Europe recommend limits on the use of mercury amalgam. They advise that pregnant women should not have amalgam fillings placed or removed from their teeth."
5. The 2nd paragraph in that section of the rule titled "Environmental Concerns" must include the words "Wildlife that eat fish, such as eagles, loons, and otters, are also at risk of harm from mercury pollution."
The Bureau of Health is not required to hold hearings or conduct other formal proceedings on this rule prior to finally adopting this rule in accordance with this resolve; and be it further
Sec. 2. Certain nonsubstantive changes authorized. Resolved: That changes made by the Director of the Bureau of Health to the poster and the brochure authorized in this resolve for the sole purpose of inserting or changing graphics or for improving the readability and comprehensibility of the brochure are not considered amendments to a major substantive rule and are not subject to further legislative review under the Maine Revised Statutes, Title 5, chapter 375, subchapter II-A; and be it further
Sec. 3. Brochures. Resolved: That, notwithstanding the provisions of the Maine Revised Statutes, Title 32, section 1094-C, the Department of Human Services, Bureau of Health is not required to provide to each dentist in the State more than one copy of the brochure authorized in this resolve; and be it further
Sec. 4. Production and distribution of materials. Resolved: That the Department of Human Services, Bureau of Health shall print and distribute a copy of the brochure and the poster authorized by this resolve to each dentist in the State and shall post a copy of the brochure on its publicly accessible site on the Internet that is suitable for downloading and printing by dentists, patients and other interested parties, including the Board of Dental Examiners, the Maine Dental Association and the Maine Dental Hygienists Association.
Effective July 25, 2002, unless otherwise indicated.
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