Health Care Law Blog

The Michigan Board of Dentistry has adopted several new rules governing the handling and disposal of amalgam waste for dentists and dental practices.

There are some exceptions for oral and maxillofacial surgeons; oral and maxillofacial radiologists; oral pathologists; orthodontists; periodontists; and dentists providing services in a dental school or hospital, or through a local health department.

Dentists covered by these new rules are required, as of December 31, 2012, to:

• Install and use a certified amalgam separator on each wastewater drain that is used to discharge amalgam waste, or as an alternative, install and use a holding tank and arrange for disposal by an authorized waste provider;
• Use amalgam only in a precapsulated form;
• Salvage, store, and recycle non-contact and contact amalgam materials, including empty capsules through a contracted separator company or a facility that reclaims or distills mercury for reuse;
• Collect and recycle extracted teeth containing amalgam materials;
• Store all amalgam waste in enclosed containers until shipped to a reclamation facility or recycler;
• Adopt written procedures and train dental office staff on amalgam waste disposal;
• Label all containers holding amalgam waste;
• Use chair-side traps to retain amalgam and recycle the content;
• Recycle all amalgam materials collected in amalgam separators, vacuum pump filters, chair-side traps or other waste water processing devices;
• Follow the recommended steps for the cleanup of mercury spills; and
• Adopt written procedures and train dental office staff.

The new rules also require dentists to maintain certain records for three years, including:

• Verification that the amalgam separator meets the rule’s requirements;
• Instructions and service records for the separator; and
• Documentation of the disposal and recycling of amalgam waste.

Lastly, the new rules restrict the handling of amalgam waste.  Dentists may not:

• Store bulk elemental mercury that is not in capsule form;
• Put amalgam waste down a toilet or drain;
• Put amalgam waste or empty amalgam capsules into trash containers, or biohazard or infectious waste bags;
• Disinfect teeth or any item containing amalgam by autoclaving or using heat; or
• Use cleaners containing bleach or chlorine to flush drains or wastewater lines.

If you have any questions on the new rules or need help complying with them, please contact Richard Kraus at 517.371.8104 or rkraus@fosterswift.com.