SENATE, No. 122

By Ms. Resor, a petition (accompanied by bill, Senate, No. 122) of Pamela P. Resor, Kathleen M. Teahan, Martha M. Walz, James B. Eldridge and other members of the General Court for legislation to improve the oral health of children and other residents of the Commonwealth. Children and Families

The Commonwealth of Massachusetts

Seal of the Commonwealth of Massachusetts

In the Year Two Thousand and Five.


AN ACT TO IMPROVE THE ORAL HEALTH OF CHILDREN AND OTHER RESIDENTS OF THE COMMONWEALTH

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1.

Chapter 111 of the General Laws is hereby amended by striking out section 8C and inserting in place thereof the following section:–

Section 8C:

(a) The department in taking cognizance of the dental health of the people in the commonwealth shall recommend such methods as in its opinion are advisable to reduce or limit the prevalence of dental caries and other dental diseases and defects. The department shall promulgate regulations to provide for the addition of fluoride to all municipal water supplies by the owners or official custodians thereof wherever the fluoride content of public water supplies serving 5,000 or more persons supplies less than the minimum concentration of fluoride established by regulation.  In such instances, the person, firm, corporation or municipality having jurisdiction over the supply shall add a measured amount of fluoride to the water so as to maintain a fluoride content that complies with the regulations promulgated pursuant to this section. Subject to appropriation, the department shall reimburse the owners or official custodians of a water supply for the reasonable expenses of complying with this section, as determined by the department.

(b) The regulations shall include, but not be limited to, the following:

(1) minimum and maximum permissible concentrations of fluoride to be maintained by fluoridation of public water systems;

(2) requirements and procedures for maintaining proper concentrations of fluoride, including equipment, testing, recordkeeping, and reporting.

(3) requirements for the addition of fluoride to public water systems in which the natural level of fluoride is less than the minimum level established in the regulations; and

(4) all other regulations necessary to administer this section so as to improve the dental health of children and other residents of the Commonwealth, including a procedure for granting reasonable exemptions from the requirements of this section.