Dental Boards Being Challenged. The Dental Boards have renewed their attacks against mercury-free dentists. At the present time, at least 12 dentists in 10 states are under attack. The difference now, is that a number of these dentists are aggressively fighting back. Indeed, some have even launched counter-attacks.

The most significant event is the one noted earlier. The mercury-free dentist appealed the disciplinary action of the Dental Board to the State Superior Court. Improper statutory, and perhaps even unconstitutional, actions of the Dental Board were placed formally on record with the Court. This landmark decision may be the first time a State Court has reversed a Dental Board disciplinary action. However, in spite of being exonerated the mercury-free dentist was left with considerable legal expenses.

In another state, the Dental Board has been formally provided with an overwhelming amount of scientific documentation on the potential risk from amalgam mercury, including testimony from medical scientists. This Board now faces a dilemma; rule against the dentist in the face of scientific documentation and testimony or rule for the dentist in opposition to the "standard of care" established by organized dentistry.

A mercury-free dentist is presently fighting back in a third state, where the Dental Board's actions are again highly questionable. Considerable public support has been generated on behalf of the mercury-free dentist. As a result, the conflict has generated considerable media interest and even support for action in the State Legislature. It is even possible that a counter-offensive may be launched. In the course of all of these cases, evidence has surfaced pointing to a possible concerted coordinated effort to "get" mercury-free dentists. This possibility has captured the imagination of several media sources as well as the interest of attorneys.

The Practice Of Mercury-Free Dentistry. What does all of this mean for mercury-free dentistry? At the present time, there is clearly a concerted effort to discipline mercury-free dentists. It is fascinating to note that actions against mercury-free dentists are rarely, if ever, initiated by patients. If a patient does file a complaint, it is usually only after being encouraged to do so by a dentist. This occurs when the patient who has had amalgams removed visits or transfers to another dentist.

Of the Dental Board actions against mercury-free dentists, most have been initiated by dentists or even the Boards themselves. In one state, the complaint against the mercury-free dentist was actually filed by the Legal Counsel of the American Dental Association (ADA). The ADA also provided information to the Dental Board on the dentist, some of which was obtained in other states. In another state, the sole witness for the Dental Board in an action against a mercury-free dentist was provided by the ADA.

Dental Boards have actually solicited complaints from patients of a mercury-free dentist. The complaints solicited are frequently totally unrelated to dental amalgam, and may be not only trivial but attributable to virtually any dentist who has ever practiced. On the other hand, Dental Boards frequently dispense minor discipline to other dentists in cases where harm to patients is clearly documented. There are also cases of Dental Boards or State Attorney General offices deliberately planting "agents" wired for sound into mercury-free practices, in a blatantly obvious attempt to instigate action against the dentist.

It should also be noted that there are individuals who make a living by legally attacking dentists, some of whom are dentist-attorneys. A significant number of legal actions against mercury-free dentists have been initiated by other dentists or dentist-attorneys.

In view of all of this, mercury-free dentists would be wise to conduct themselves carefully. Certainly, support can be derived from scientific, legal and regulatory arenas. Thorough files of such documentation should be kept.

There are boundaries that should not be crossed. It is still true that dentists should limit their conduct to areas related to dentistry, not crossing into areas that are clearly in the province of physicians. It is also obvious that information provided and positions taken must be scientifically supportable. Charges of providing information that is "false, fraudulent, deceptive or misleading" cannot be defended without the scientific documentation.

At present, there are still no diagnostic tests to accurately identify mercury poisoning. Therefore, dentists should not tell patients that their physical problems are caused by mercury fillings, or that removal of the amalgam fillings will cure or improve ailments. Indeed, dentists still are not allowed to recommend the removal of mercury fillings, a situation that will hopefully change before too long. Well informed mercury-free dentists are in the best position to advise patients on this subject.

Finally, a thorough and well designed "informed consent" must be utilized. Even this, however, is not absolute protection. Accurate record keeping, with verification by staff initials, is also helpful.

Clearly, great strides have been made in the amalgam controversy in terms of published science and government actions. The strength of opposition to the use of dental amalgam has increased significantly in recent years, and continues to do so. The inequities of the dental disciplinary system can only be redressed through actions of state legislatures. Citizen outcry and increased media interest have already stimulated such initiatives in several states.

Does this mean that attacks by Dental Boards will cease? Only time will tell. In any event, aggressive approaches by dentists under attack might be considered. Mercury-free dentists need not necessarily meekly accept everything dished out by a Dental Board. On the other hand, this does not mean that mercury-free dentists have a carte blanche; responsible conduct is essential.

Also make sure to read these books: Poison in Your Teeth: Mercury Amalgam (Silver) Fillings...Hazardous to Your Health! and Mercury Detoxification by Tom McGuire