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F I S C A L I M P A C T R E P O R T

SPONSOR Wirth

ORIGINAL DATE

LAST UPDATED

1/28/06

HB HM 13

SHORT TITLE Study Dangers of Mercury Amalgam

SB

ANALYST Lewis

APPROPRIATION (dollars in thousands)

Appropriation

Recurring

or Non-Rec

Fund

Affected

FY06

FY07

NFI

(Parenthesis ( ) Indicate Expenditure Decreases)

Relates to HM 5 (Develop Mercury Reduction Action Plan).

SOURCES OF INFORMATION

LFC Files

Responses Received From

Department of Health (DOH)

New Mexico Environment Department (NMED)

SUMMARY

Synopsis of Bill

House Memorial 13 requests that that the Department of Health conduct a study on the dangers

of mercury amalgam and develop recommendations for public informational materials and envi-

ronmental safety.

The memorial further requests that:

the informational materials address the advantages and disadvantages to oral health, overall

health and the environment of using mercury or mercury amalgam in dental procedures;

the recommendations for environmental safety consider appropriate and acceptable measures

for the disposal of dental waste;

the Department of Health use the research of national and international experts on mercury

toxicity and the experience of other states in regulating mercury use and disposal in conduct-

ing the study;

the findings and recommendations of the study be presented to the Legislative Health and

Human Services Committee at its October 2006 meeting; and

that a copy of the memorial be transmitted to the Secretary of Health.

House Memorial 13 – Page

2

FISCAL IMPLICATIONS

According to the Department of Health (DOH), the memorial has no fiscal implications for the

department.

SIGNIFICANT ISSUES

According to the DOH, mercury is a potent neurotoxin manifesting in a variety of neurological

conditions including, among other conditions:

tremors,

muscle coordination,

loss of memory,

personality changes,

deafness, and

loss of vision.

Dental amalgam fillings are comprised of about 50% mercury and are a known source of mer-

cury exposure (ATSDR Toxicological Profile for Mercury, 1999).

According to the New Mexico Environment Department (NMED), the safety of dental amalgams

has been questioned as a dental restorative material for many years due to their alleged health

hazards. Humans can be exposed to amalgam materials such as mercury, silver, copper, and zinc

via vapors, corrosion from swallowing, and direct ingestion to the blood stream via the mouth.

While the mercury content of new amalgams has generally decreased in recent years (silver is

the primary metal used in dental amalgam now) the U.S. Environmental Protection Agency

(EPA) has nevertheless determined that old and removed dental amalgam can be a significant

source of mercury exposure to the public.

Regarding the memorial’s concern for environmental safety and acceptable measures for the dis-

posal of dental waste, NMED notes that mercury can be easily released into the environment,

and is readily transferred from soil to air and water and back again. Although many recycle and

reuse programs are available and alternative mercury-free substitutes for dental restorative work

are widely available, the practice of amalgam disposal via the sewage system and incineration

continues.

NMED suggests that precautions must be taken to capture and dispose of mercury amalgam

properly. For example, amalgam is commonly collected in traps and recycled; and amalgam

scraps can also be sent offsite or passed through a trap to collect the spent resin.

ADMINISTRATIVE IMPLICATIONS

DOH notes that

additional staff time would be needed for the department to meet the require-

ments of HM13.

ML/mt