[House Hearing, 108 Congress] [From the U.S. Government Publishing Office] CALIFORNIA'S COMPLIANCE WITH DENTAL AMALGAM DISCLOSURE POLICIES ======================================================================= HEARING before the SUBCOMMITTEE ON HUMAN RIGHTS AND WELLNESS of the COMMITTEE ON GOVERNMENT REFORM HOUSE OF REPRESENTATIVES ONE HUNDRED EIGHTH CONGRESS SECOND SESSION __________ JANUARY 26, 2004 __________ Serial No. 108-141 __________ Printed for the use of the Committee on Government Reform Available via the World Wide Web: http://www.gpo.gov/congress/house http://www.house.gov/reform ______ 93-640 U.S. GOVERNMENT PRINTING OFFICE WASHINGTON : 2003 ____________________________________________________________________________ For Sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512-1800; (202) 512�091800 Fax: (202) 512�092250 Mail: Stop SSOP, Washington, DC 20402�090001 COMMITTEE ON GOVERNMENT REFORM TOM DAVIS, Virginia, Chairman DAN BURTON, Indiana HENRY A. WAXMAN, California CHRISTOPHER SHAYS, Connecticut TOM LANTOS, California ILEANA ROS-LEHTINEN, Florida MAJOR R. OWENS, New York JOHN M. McHUGH, New York EDOLPHUS TOWNS, New York JOHN L. MICA, Florida PAUL E. KANJORSKI, Pennsylvania MARK E. SOUDER, Indiana CAROLYN B. MALONEY, New York STEVEN C. LaTOURETTE, Ohio ELIJAH E. CUMMINGS, Maryland DOUG OSE, California DENNIS J. KUCINICH, Ohio RON LEWIS, Kentucky DANNY K. DAVIS, Illinois JO ANN DAVIS, Virginia JOHN F. TIERNEY, Massachusetts TODD RUSSELL PLATTS, Pennsylvania WM. LACY CLAY, Missouri CHRIS CANNON, Utah DIANE E. WATSON, California ADAM H. PUTNAM, Florida STEPHEN F. LYNCH, Massachusetts EDWARD L. SCHROCK, Virginia CHRIS VAN HOLLEN, Maryland JOHN J. DUNCAN, Jr., Tennessee LINDA T. SANCHEZ, California JOHN SULLIVAN, Oklahoma C.A. ``DUTCH'' RUPPERSBERGER, NATHAN DEAL, Georgia Maryland CANDICE S. MILLER, Michigan ELEANOR HOLMES NORTON, District of TIM MURPHY, Pennsylvania Columbia MICHAEL R. TURNER, Ohio JIM COOPER, Tennessee JOHN R. CARTER, Texas CHRIS BELL, Texas MARSHA BLACKBURN, Tennessee ------ ------ ------ BERNARD SANDERS, Vermont (Independent) Peter Sirh, Staff Director Melissa Wojciak, Deputy Staff Director Rob Borden, Parliamentarian Teresa Austin, Chief Clerk Phil Barnett, Minority Chief of Staff/Chief Counsel Subcommittee on Human Rights and Wellness DAN BURTON, Indiana, Chairman CHRIS CANNON, Utah DIANE E. WATSON, California CHRISTOPHER SHAYS, Connecticut BERNARD SANDERS, Vermont ILEANA ROS-LEHTINEN, Florida (Independent) ELIJAH E. CUMMINGS, Maryland Ex Officio TOM DAVIS, Virginia HENRY A. WAXMAN, California Mark Walker, Chief of Staff Mindi Walker, Professional Staff Member Danielle Perraut, Clerk Richard Butcher, Minority Professional Staff Member C O N T E N T S ---------- Page Hearing held on January 26, 2004................................. 1 Statement of: Johnson, Karen, State representative......................... 16 Yokoyama, Dr. Chester, DDS, California Dental Board and former Chair Dental Materials Fact Sheet Commission; Shawn Khorrami, Esq.; Parin Shah, executive director, Community Toolbox for Children's Environmental Health and past president, San Francisco's Commission on the Environment; and Dr. Harold Slavkin, DDS, dean, University of Southern California School of Dentistry............................. 21 Letters, statements, etc., submitted for the record by: Burton, Hon. Dan, a Representative in Congress from the State of Indiana, prepared statement of.......................... 6 Khorrami, Shawn, esq., prepared statement of................. 31 Shah, Parin, executive director, Community Toolbox for Children's Environmental Health and past president, San Francisco's Commission on the Environment, prepared statement of............................................... 44 Slavkin, Dr. Harold, DDS, dean, University of Southern California School of Dentistry, prepared statement of...... 40 Watson, Hon. Diane E., a Representative in Congress from the State of California, prepared statement of................. 12 Yokoyama, Dr. Chester, DDS, California Dental Board and former Chair Dental Materials Fact Sheet Commission, prepared statement of...................................... 25 CALIFORNIA'S COMPLIANCE WITH DENTAL AMALGAM DISCLOSURE POLICIES ---------- MONDAY, JANUARY 26, 2004 House of Representatives, Subcommittee on Human Rights and Wellness, Committee on Government Reform, Los Angeles, CA. The subcommittee met, pursuant to notice, at 2 p.m., in the Town and Gown Road, USC Campus, Los Angeles, CA, Hon. Dan Burton (chairman of the subcommittee) presiding. Present: Representatives Burton and Watson. Staff present: Nick Mutton, press secretary; Danielle Perraut, clerk; and Richard Butcher, minority professional staff member. Mr. Burton. Good afternoon. A quorum being present, the Subcommittee on Human Rights and Wellness will come to order. And we're very happy that Congresswoman Watson is here with us today. I like those blue glasses, too. Ms. Watson. 99 cent store. Mr. Burton. Just goes to show you do not have to spend a lot of money. I ask unanimous consent that all Members and witnesses written and opening statements be included in the record, and without objection so ordered. I ask unanimous consent that all articles, exhibits and extraneous material referred to by Members or witnesses be included in the record, and without objection so ordered. Before we start our opening statements, Congresswoman Watson and I have a couple of opening statements that will take some time. There has been some question about scientific evidence about whether or not amalgams in teeth give off any kind of a residue or invisible smoke, if you will, that could effect the neurological system of human beings. So we have a very brief scientific film here, it's about 3 or 4 minutes long, and I hope everybody will take a hard look at that at the beginning, and then we will go to our opening statements. [Video shown.] Mr. Burton. I think that's all we need to hear. That was showing that one picture is worth 1,000 words. I would like to start off my opening statement by thanking the University of Southern California, especially Michael Klaus and Susan Lynch for their assistance in putting together today's hearing. We really appreciate their efforts. And as chairman of the House Committee on Government Reform and now chairman of the Subcommittee on Human Rights and Wellness, I have along with Representative Watson led a 2-year long effort to bring to the public's attention, as well as the attention of my colleagues in Congress, the dangers posed by mercury containing medical and dental devices. At previous hearings we have reviewed the concerns about thimerosal which contains mercury in vaccines and mercury containing dental amalgams. In each case, credible witnesses provided testimony that links mercury in the human body to a variety of developmental and neurological disorders. Mercury is a base element and the most toxic substance known in science outside of radioactive elements. It remains a base element even when mixed with other materials. Mercury is a substance that human beings were not designed to ingest, so the body does not have an effective filter or elimination system for it. Some of the mercury we ingest is eliminated through normal bodily functions, but much of it accumulates in the body's tissue including vital organs such as the brain. The developing neurological systems of fetuses and young children are especially susceptible to damage by even the slightest trace amounts of mercury. And you saw how much mercury comes off of those teeth at various temperatures. An ever increasing body of scientific evidence points to mercury toxicity as a source of neurological problems including but not limiting to, modest declines in intelligence quotient, tremors, attention deficit disorder, attention deficit hyperactivity disorder [ADHD], Alzheimer's Disease and autism. No one has ever identified a positive health benefit to mercury in the human body, thus it was sound public policy to eliminate mercury from thermometers, blood pressure gauges, light switches, cosmetics, teething powder, horse liniment, hat making materials, smokestack emissions and mining operations. In fact, virtually every industry has either reduced or banned the use of mercury with the exceptions of dentistry and the pharmaceutical industry. The amalgam fillings the American Dental Association so wrongly calls silver are mainly mercury, not silver at all. Mercury is the single largest ingredient in each filling, representing about 40 to 50 percent of the mercury by weight or about one half a gram per filling. That is a colossal amount of mercury in scientific terms, as much as is in an old fashioned thermometer. For example, a young child with six amalgam fillings has the equivalent of six mercury thermometers worth of mercury in his or her mouth. And dentists cannot honestly claim that they were not aware of the dangers of mercury. In fact, dentists take routine precautions against this potent neurotoxin. According to protocol, mercury containing amalgam scraps and extracted teeth with amalgam fillings must be stored in sealed jars under liquid until special hazardous materials recycler pick them up for safe disposal. So if dentists are aware of the dangers of mercury, then why is this toxic material still being used at all? The answer is that the dental establishment continues to hold to the scientific fiction that a material that is hazardous before it goes into the mouth and hazardous after it comes out of the mouth is somehow perfectly safe while it is in the mouth. The truth is that it is not. A scientific review of mercury amalgams in 1993 conducted by the U.S. Public Health Service demonstrated that mercury amalgams continuously vaporize and mercury vapor is then absorbed into the blood stream and distributed throughout the human body as you just saw in that brief film. In addition, particles can and do chip off with regular chewing, grinding and toothbrushing, further adding to a person's mercury load. The PHS study conclusively showed that people with amalgam fillings have higher concentrations of mercury in their blood, in their urine, kidneys and brains then those without amalgams. If that is the case, how can anyone believe that dental amalgams are harmless. There are readily available alternatives to mercury containing fillings, and every dentist knows about them. Yet organized dentistry will not act to eliminate this dangerous substance, thus it is left up to the patients to take the initiative. And one of the things that kind of disturbs me about this hearing today is that there are millions and millions and millions of people in California and across this country that have mercury in their mouths and we do not have one television station here covering this today. And it is something that should be brought to the attention of everybody; every man, woman and child in the country ought to know about this. Unfortunately, most patients are still uninformed about the materials used to restore their teeth and the benefits and risks of each. And, again, I believe the blame has to be laid at the feet of organized dentistry. And there is no better proof of that than what has been happening here in California. In 1986 the voters of California enacted Proposition 65 requiring posting of notices of toxins in the workplace or office. Soon therefore, the then Governor Deukmajian with his administration listed mercury as a toxic substance which required Proposition 65 postings. Nothing happened until 1992 when the California legislature passed the Watson law, my good colleague's law, requiring the California Dental Board to produce a facts sheet to comply with Proposition 65 spelling out the risks and benefits of various filling materials. Named after my good friend and the ranking minority member of this subcommittee, Ms. Diane Watson who was a California State Senator at the time, the Watson law was a simple common sense effort to ensure that the public could make an informed choice about their dental care. Ms. Watson has been a tireless advocate on this issue for many years and a staunch ally in the Congress as the subcommittee works to eliminate this dangerous threat to our public health. And I really want to thank you for your hard work. And I thank you for being here. However today despite the passage of Proposition 65 and the Watson law, Californians still are not able to get information from their dentists about the dangers of mercury amalgams. So far as the subcommittee has been able to determine, the California Dental Board's only attempt thus far to actually issue a facts sheet occurred in 1993, and the effort was deemed by the California Department of Consumer Affairs to be probably misleading. Regrettably, the board has never corrected the problem. In fact, the board's refusal to implement the Watson law lead California State Senator Liz Figueroa to sponsor legislation to dissolve the board completely and constitute a new dental board. The law also mandated the Watson fact sheet must be given to every dental patient. And we are going to put that in the record. We have a copy of this which we will put in the record today, so at least it will be on the Congressional Record in case anybody wants to know about it. Yet, under pressure from the California Dental Association the new dental board has not been any more capable of producing a fact sheet than the old one. That two dental boards have yet to create a simple consumer friendly fact sheet in more than 17 years after the implementation of Proposition 65 and 11 years after the passage of the Watson law is a grave disservice to the residents of California. I personally believe that there is no more important function of government than doing everything in its power to protect the health and well being of its citizens. When controversy and uncertainty exists, such as in this case, the least we should do is ensure that the public is adequately and objectively informed and given the option of choosing what materials are used to restore their teeth. Today's hearing will focus on the lessons learned from and the progress still being made here in California to implement full disclosure of adequate information to dental patients. Dr. Chet Yokoyama, a member of the California Dental Board, former Chair of the California Dental Board Fact Sheet Committee and a supporter of the Watson law is here this afternoon to testify about why the dental board has had such trouble complying with the Watson law. Although Dr. Yokoyama is not speaking on behalf of the board nor has he been authorized to speak on behalf of the board, I look forward to hearing his personal perspective on this issue. And he testified in Washington, and I want to thank you once again for being here, Doctor. I also look forward to hearing from Mr. Shawn Khorrami, an attorney who led the recently successful fight in the California court system to force dentists to post a Proposition 65 warning in their offices. While not as comprehensive as the fact sheet required by the Watson law, the Proposition 65 warning is at least an important step in the right direction. And, unfortunately, we have learned recently that the California Dental Association has tried to stymie even the modest level of public disclosure by lobbying against the warning on the grounds that it is deceptive. We asked the California Dental Association to be here today to participate, but they declined to send a representative preferring to send a written statement for the record instead. And it is disappointing that they choose not to appear today to defend their record on this issue. However, we will hear from Dr. Harold Slavkin, Dean of the School of Dentistry here at the University of Southern California who can perhaps helps us better under the organized dentistry's opposition to the elimination of mercury containing amalgams. California's population represents approximately one out of every eight people in the United States. So it is not surprising that events here can have a ripple effect on similar activities and movements in other parts of the country. The Honorable Karen Johnson, a State Representative from Arizona--I am glad you are here today--is here to talk about her efforts to pass legislation in Arizona similar to the Watson law here in California. And we appreciate your hard work on that. And last but not least, we will hear today from Mr. Parin Shah, executive director of Community Toolbox for Children's Environmental Health concerning the environmental impact of dental amalgams. When scraps of amalgam or old fillings are washed down the drain, and I know they are because I have seen it out of my own mouth, they can end up in our rivers, lakes and oceans and eventually into our drinking water. If the fillings do get caught in our waste water treatment plants, they settle in the treatment plant's sludge which either gets incinerated releasing the mercury directly into the atmosphere or it gets spread out onto our agricultural fields as fertilizer contaminating the food chain. So mercury amalgams are not just a public health hazard, but an environmental one as well. I want to thank all of our witnesses for being here this afternoon. And I now yield to Ms. Watson. [The prepared statement of Hon. Dan Burton follows:] [GRAPHIC] [TIFF OMITTED] T3640.001 [GRAPHIC] [TIFF OMITTED] T3640.002 [GRAPHIC] [TIFF OMITTED] T3640.003 [GRAPHIC] [TIFF OMITTED] T3640.004 Ms. Watson. Thank you so much, Mr. Chairman. And a special thanks for coming all the way out to California and appearing in my District. And this great University of Southern California that has been touted in the last few days of having four major trophies. We won the Rose Bowl game. Mr. Burton. I know. Indiana was way down the list. Ms. Watson. And we are so very pleased. And I would like to thank the Government Relations Department, particularly Carolyn deMacias and President Sample for working to make this special field hearing possible and all of you that have come out this afternoon. The Human Rights and Wellness hearing today is a very important activity for Californians and the rest of the Nation. The subcommittee seeks to obtain information about the noncompliance, and I want you to focus on why we are here today. We are focusing on the noncompliance by the California Dental Board regarding public disclosure of elemental mercury and its use in dental fillings. In previous Government Reform hearings we have discussed different aspects about the last remaining use of mercury inside the human body. But, the 12 year failure--the 12 year failure to inform Californians and Americans about the risk and the efficacies of mercury is very disturbing to me. This hearing will focus primarily upon disclosing relevant information to patients which will enable patients to make informed choices about the type of dental restorative material that is used in their treatment. What we're trying to do, everyone in this room that hears my voice, is trying to make Americans, particularly Californians, partners in their own wellness and in their own health care. Keep that in mind. In 1992 I wrote a law. It is Section 1648.10 of the California Business and Professions Code which mandated--1992 it mandated a fact sheet to be produced by the California State Dental Board stating the risk and efficacies of dental materials. Over the following 9 years the board has not been in compliance. I want to know why. However, I am pleased to report that the last administration installed a new dental board, because I saw that the dental board of California did not want to comply with the law. So, there was a new dental board appointed. The new board held hearings on the safety of mercury fillings in 2002, but has again failed to fully comply with the mandate. Why did it take 12 years? These are intelligent professionals. I am appalled that in 12 years they have not produced a fact sheet. Why? The dental board was required to take into account what would be in the best interest of the patient and the public. I need to know why a consumer friendly fact sheet, which in July 2003, that's just a few months back, was approved seven to one. And then again eight to zero in November 2003. And it is not ready, Congressman, for circulation. I am especially disappointed after receiving assurances from the president of the board that the fact sheet would be in the hands of patients before December 31, 2003, a few days ago. I do not understand why the fact sheet should not be released today. And I am terribly disappointed that--is there anyone from the dental board except Dr. Yokoyama? Anyone else? And then they all declined, and I got a letter, a polite letter from the CEO of the board declining to appear. Now, what does that tell you? Intelligent thinking people can figure it out. Not one, except the person who was the former Chair of the committee to do the fact sheet, showed up today. The fact sheet was produced by a fact sheet committee of the dental board and approved by the majority. I want to know why the committee Chair who has worked on the fact sheet for the last 2 years was suddenly dismissed. The efforts by Dr. Chet Yokoyama, a mercury free dentist and a member of the California Dental Board, led to the production of this fact sheet, which was voted on by the majority. So, Mr. Chairman, I hope that we can be enlightened today by the testimony that is presented here as to why it has taken 12 years to comply with the mandate. There is a violation in the law going on with the dental board. And I don't think anyone who sits on that board who does not comply with the law ought to remain a member of the board. And if anyone in this room thinks that I'm not going to followup, you do not know how tenacious I am. I have a partner here who has traveled across this country to join me. I resent the fact that it has taken 12 years. This was already voted on, it should be in the public's hands. So, I would like to thank all of you for your efforts to come to this hearing, and to provide us with the information we were seeking on the beautiful campus of the University of Southern California. Visit South Central Los Angeles again. This is it. So, I yield back my time, Mr. Chairman. [The prepared statement of Hon. Diane E. Watson follows:] [GRAPHIC] [TIFF OMITTED] T3640.005 [GRAPHIC] [TIFF OMITTED] T3640.006 [GRAPHIC] [TIFF OMITTED] T3640.007 [GRAPHIC] [TIFF OMITTED] T3640.008 Mr. Burton. Well, thank you, Ms. Watson. We have a video of that--we do not need to show it. I think--unless you feel you--you want to see it. OK. Well, we have a video we want to show. This is the last meeting of the board? Participant. Actually it is a little culmination of the---- Mr. Burton. I think it is self-explanatory. Could you turn the sound up so we could be sure to hear it. Ms. Watson. Can everyone see? [Video shown.] Mr. Burton. The last clip is Dr. Alan Kaye, he's the immediate past president of the California Dental Board. Ms. Watson. Yes. Mr. Burton. I see. OK. I see. OK. Thank you very much. OK. We'll now go to our first panel. And do you have anything else right now, Ms. Watson? Ms. Watson. I do not think so. Mr. Burton. Representative Johnson, would you stand to be sworn, please. [Witness sworn.] Mr. Burton. STATEMENT OF STATE REPRESENTATIVE KAREN JOHNSON Ms. Johnson. Thank you so much. That is a very hard act to follow. Mr. Burton. And I am not even in vaudeville. Ms. Johnson. Well, my name is Representative Karen Johnson. I serve in the Arizona House of Representatives. Ms. Watson. And welcome. Mr. Burton. Welcome. Ms. Johnson. Thank you so much. I feel very, very privileged to be able to come here today. And I thank you so much, both Chairman Dan Burton and Ranking Member Diane Watson for allowing me to speak with your committee. Chairman Burton, you lead the way in getting mercury preservatives removed from childhood vaccines, and you have a national reputation for making government agencies accountable to the people. You are now spotlighting mercury in dental fillings, and those of us from Arizona are deeply appreciative of your work. Congresswoman Watson, you are the lead sponsor by the bipartisan Watson-Burton Bill to ban mercury fillings for children, pregnant women and nursing mothers and for eventually phaseout their use entirely. We used your bill as a prototype in Arizona, and I understand lawmakers all over the country are doing the same. I am pleased to report that the legislation that I sponsored last year requiring full disclosure cleared both relevant committees and got to the floor for a vote. Because of strong lobbying opposition from the Arizona Dental Association, the bill was referred back to a third committee from the floor it hopes that it would die in that committee. Once again we got the bill to the floor, but the time that was incurred in all of this allowed the opposition to pull off several supporters from the floor vote, and we nearly lost the battle. However, we did get to raise the issue of mercury fillings as never before. The State's newspaper editorialized twice for disclosure. We have been able to bring together a citizens brigade that ultimately will prevail. Congresswoman Watson, I also understand that as a State legislator, as you spoke of here recently, you wrote the State Watson law requiring the California Dental Board to disclose the risks of mercury fillings. I believe you are focusing today on the fact that the California Dental Board will not enforce the law, and I have a similar story from Arizona. I represent a district in Mesa, AZ, and I entered the legislature in 1997. Because of the great interest in the health of our children and the increased problems in childhood immunizations, I began research into the mercury issue which ultimately led me to the Arizona Dental Board and their harassment of mercury free dentists. One of my concerns is that our regulatory agencies, Federal and State, are not enforcing the law and they are restricting choices. In the area of dentistry, I was shocked to see the State dental board trying to shutdown a dentist because he offered mercury free dentistry and other cutting edge techniques that were not against the law, always with full disclosure and always based on consumer choice. As I attended some of the board hearings and alerted other legislators about what was happening, the dental board backed off their efforts at that time. Unfortunately, the dental board did not give up persecuting dentists and continued this harassment because some dentists offer alternatives to traditional dentistry. No profession can change if every member must do what every other member is doing. It is fair to debate the cutting edge issues in dentistry, such as the advisability of root canals or the efficacy of cavitation surgery. The State has no business taking sides in issues the marketplace can decide. However, organized dentistry seems to feel otherwise. One issue of concern is that the American Dental Association has a gag rule--yes, a gag rule telling dentists not to give warnings about the toxic effects mercury might have on the body. Studies now show that mercury does indeed emanate from the teeth to the rest of the body and it is important that consumers know it. But the ADA thinks otherwise. A few years back a scholar at the Arizona based Goldwater Institute, Mark Genrich, he wrote several articles about the first amendment rights of dentists to advocate an end to mercury fillings. One of the major changes we need, and we may be close to getting in Arizona, is to give low income families a choice not to get mercury fillings. AHCCS or the Arizona Health Care Cost Containment System in Arizona is our Medi-cal. AHCCS simply told dentists to put in mercury fillings. Our assistant minority leader and Arizona's only African-American lawmaker, Leah Landrum Taylor and myself have co-authored a letter that we sent to Governor Napolitano asking that this program be changed to include informed choice for our constituents in the AHCCS program. We have identified the problem and are currently winding it through the bureaucracy step-by-step to secure a change, and this is a change that I hope will occur anywhere. Now if I might quickly address the problem of our State dental board which ignores the law. Four years ago, not nearly as long as you folks have gone through this, but 4 years in Senate bill 1155 we enacted a statute in Arizona stating it is unprofessional conduct: ``To fail to inform a patient of the type of material the dentist will use in the patient's dental filling, and the reason why the dentist is using that particular filling.'' Now, one would think that every parent and every pregnant woman would learn in advance that mercury is the major component of amalgam fillings and would also learn the rational for and/or against the use of that particular type of filling. Not so. In the past 4 years the Arizona Dental Board has turned a deaf ear to enforcing this simple statute. A consumer group filed a petition. I even appeared personally before the board and asked for its adoption. As the Chair of the subcommittee overseeing the dental board's budget, I have raised this question year after year. Promises are made and promises are broken. This year I am proceeding with my House bill to ensure the dental board follows the law or we have the Governor replace the members of the board. I believe that this is what you have done in California. This legislation will require that the Arizona Dental Board send a disclosure to every dentist who will then be required to hand to every patient who gets fillings the following information: ``You have a choice in dental materials. Amalgam filling are 50 percent mercury so the term silver is not an accurate term. Notice to parents and pregnant women as follows: Because amalgam fillings are 50 percent mercury, the use of amalgam fillings is increasingly a matter of public controversy.'' Pretty benign. My bill would also require neutrality in enforcement where informed choice, not the economic policies of the Arizona Dental Association govern. The board would be required to post such an enforcement policy. I would be happy to work with this subcommittee in any way that would be useful. And I look forward to the day when no child, pregnant woman or nursing mother is subjected to mercury fillings simply because dentists in this country refuse to inform them of the toxic dangers associated with mercury. Thank you so much for your attention to this imperative issue. Mr. Burton. Thank you, Representative Johnson. I have just a few questions I would like to ask you. I think you pretty much told us a little bit about your experiences there in the Arizona Legislature. And you have had a lot of resistance from the State dental board there. Ms. Johnson. Absolutely. In fact, Chairman Burton, I guess it is OK to say because it is true; they actually have lied in their monthly magazine that came out shortly after the legislation was defeated in the last session. Mr. Burton. And to your knowledge do the dental schools in Arizona educate their students about the toxicity of mercury in the filling? Ms. Johnson. Chairman Burton, we have not had any dental schools in Arizona until about 8 months ago. And we have our first one actually in Mesa, AZ, whose opening I attended. I am not sure they were real happy to see me there. But I do not believe that is taught in that school. Mr. Burton. Are there many dentists in Arizona that are using alternative materials in fillings there because they are concerned about the amalgam? Have any of them come and talked to you about this? Ms. Johnson. Absolutely. Many, many of them have. I have had the privilege of talking to them. I would say that between 25 and 30 percent of the dentists in Arizona are what you would call mercury free. And one of the problems we face is that they want to advertise as mercury free dentists and our dental board has given them a great amount of harassment because of that. Mr. Burton. We had a number of hearings on this issue in Washington, and the American Dental Association has told some of our Members of Congress who are dentists that this is all a bunch poppycock, that the mercury is frozen in the amalgam and cannot cause any damage. And because of that, some of my colleagues who are dentists have been very vociferous in their opposition to us doing anything to get the mercury out of dental fillings. And it is because it is coming straight from their main authority. Ms. Johnson. Right. Mr. Burton. Doctors listen to the Food and Drug Administration and the AMA. Dentists listen to the Food and Drug Administration, whom you saw on the television there who said, yes, there is a vapor that escapes; that was the FDA speaking. And the American Dental Association. And so I think the main thing we have to do is just keep pounding on this wall until it comes down like the walls of Jericho. And I know Diane Watson and I are committed to that, and you are as well. And we really appreciate what you do in Arizona. Ms. Watson. Ms. Johnson. Thank you. Ms. Watson. I thank you for your courageous work you have done. When we make public policy, as you know so well, it takes years. We try to make public policy that does no harm. So you are courageous and you are tenacious. And as I was listening very intently to your testimony I was wondering what kind of strategy have you put together to come back again at this? Can you share it with us, and maybe we could pick up some pointers from you. It has taken me 12 years. Ms. Johnson. Oh, Congresswoman Watson, no, I was so honored to be able to come here to find out more from you what I can do, what we can do. The sad thing of it is in Arizona this is an issue that is really looked down upon. I mean, it is not something that has any kind of a priority with other legislators. I have been very appreciative of Representative Leah Landrum who has been a good friend. We came into the legislature at the same time. And she has a great concern for the minority children in our State that have no choice but to have the mercury put in their mouth. So she has been a great ally in this and has helped rally some of her party to this. And, unfortunately, I would say that perhaps members of her party are more receptive to this than mine. And I would give that charge to the fact that the Arizona Dental Association lobby appears to give a lot of donations to members of my party in a large amount. And when they speak, the members of my party just follow. Ms. Watson. There has been a gag order placed on dentists here in California. And I think you mentioned something about them being gagged in Arizona as well. But, the first amendment allows them to advertise as mercury free dentists. My dentist is sitting in the room right now. He had to go to Mexico to practice his craft because he refused to work on patients when he was in dental school and to put the silver fillings. So his practice is down in Mexico. Now, what this says to me is that we are depriving our citizens of the knowledge of what effects their bodies. No professional can come to me and argue that the most toxic substance on the Earth ought to be in amalgam, but that is the kind of foolish argument. They ought to know by now that it does not work with me. And so I really appreciate you coming and talking about your struggle. I want you to hold on. Because as you know, California is always on the cutting edge and when we start something, it moves across the country. I am reminded of the smoking policy. It took us 14 years, and we were the first State that prohibited smoking on airplanes in California air space. Now it is nationwide and almost worldwide. Do not give up. You are on the right side and history will reward you. Be tenacious and remember what you do will improve the quality of health for the voiceless and the toothless and those that have teeth and they think that they are saving their teeth. I had a discussion with my dentist. And you know what it boiled down to, and my dentist is an African-American practicing just a few blocks away from here. He said it is a matter of cost. How does a professional tell me they are willing to put a toxic substance, I do not care how well it fills. You crack a nut and your tooth cracks and then the vapors come out. And chew gum and the vapors come out. You get a tooth knocked out, and the vapors come out. So at my age, I went across the border to get all the mercury taken out of my tooth. I want everyone to have that same opportunity. I want people to be knowledgeable. And I do not tolerate professionals coming to me saying that we need to block the information. So, I want to encourage you to continue to do what you are doing. We will prevail. Thank you so much. Ms. Johnson. Thank you. And I applaud both of you, and we will not quit. Mr. Burton. Well, we have a mutual admiration society. So, thank you. Ms. Watson. See, I know who to team up with. Mr. Burton. We would like our next panel to come forward now. It is Dr. Yokoyama, he is with the California Dental Board; Mr. Shawn Khorrami; Mr. Parin Shah and Dr. Harold Slavkin, who is the dean of the School of Dentistry here. You know, while they are coming up, I would just like to say Abraham Lincoln said ``Let the people know the facts and the country will be saved.'' About the same thing we are talking about here. Just let the people know the facts and they will do the right thing. Would you please stand, please? [Witnesses sworn.] Mr. Burton. Be seated. OK. Since you have been with us before, Dr. Yokoyama, why do we not start with you. Do you have an opening statement? STATEMENTS OF DR. CHESTER YOKOYAMA, DDS, CALIFORNIA DENTAL BOARD AND FORMER CHAIR DENTAL MATERIALS FACT SHEET COMMISSION; SHAWN KHORRAMI, ESQ.; PARIN SHAH, EXECUTIVE DIRECTOR, COMMUNITY TOOLBOX FOR CHILDREN'S ENVIRONMENTAL HEALTH AND PAST PRESIDENT, SAN FRANCISCO'S COMMISSION ON THE ENVIRONMENT; AND DR. HAROLD SLAVKIN, DDS, DEAN, UNIVERSITY OF SOUTHERN CALIFORNIA SCHOOL OF DENTISTRY Mr. Yokoyama. Yes, I do. Chairman Burton and Ranking Member Diane Watson, thank you very much for giving me the opportunity to speak here today. I am speaking today as an individual dentist. I am a member of the dental board of California. I do not speak for the dental board and I am giving my opinions only. So I come today to tell you about an extremely disappointing turn of events. This turn of events directly applies to the subject of California's compliance with the dental amalgam disclosure policies. As you are well aware, the California law required the dental board to produce a fact sheet on the risks and efficacies of filling materials. A second law mandated that these facts be given to every patient. And this would, of course, disclose the health risks of mercury in dental amalgam to the public. And to this end I have given my time and my energy. I have been proud to serve as the chairman of the Dental Materials Fact Sheet Committee. And when I approached the existing document, I quickly realized that it contained several statements that seemed to be incorrect. I called for a hearing on the scientific evidence of health risk from mercury in the amalgam. We learned that there are scientists with relevant scientific studies and publishing in relevant scientific journals. When I found there was evidence of a substantial health risk to members of our California population, I felt it was my duty to give a clear warning concerning that risk. It is a risk of exposure to a chemical known to the State of California to cause birth defects and reproductive harm. A risk that is a fact in California law known as Proposition 65. As chairman of the Dental Materials Fact Sheet Committee, I was able to develop a document that included this warning. I developed this document over a period of time. There were many meetings, emails, phone calls and discussions. There was stakeholder input. Dentists gave their opinions. There was public debate. The dental board had a hearing and in public view discussed the contents of the draft fact sheet multiple times. I dotted all my I's and crossed all my T's. This process was done by the book, step-by-step. So why am I so extremely disappointed? I shall explain further. Last year at the July board meeting this draft document was brought to the board and it was voted 7 to l to approve the idea of including the warning I spoke of and a message to pregnant women and parents. The board then requested that the Department of Consumer Affairs make this document into a brochure and make sure that the language was consumer-friendly. It was agreed upon by the board that at the next meeting in November 2003 the board would take the final vote. Well just before the meeting in November the California Dental Association sent out a letter to each board member saying that the Prop 65 warning, the warning about the exposure to mercury and its connection with birth defects and reproductive harm, was false and misleading. And it must be said here that it was the same CDA that sent out the same warning to dentists. That warning stated ``Dental Amalgam... exposes you to mercury, a substance known to the State of California to cause birth defects and reproductive harm.'' The letter sent to the board members had an opinion from their expert that this statement was false and misleading. A very odd chain of events, not easily explained. Nevertheless, this is a matter for the Cal-EPA scientists to be notified of; because this warning is a matter of law in the State of California. So even with this strange letter, the dental board had its meeting in November and after deliberations, again voted to approve the brochure, 8 to zero. The board agreed that it was the right format and ``95 percent complete.'' The committee was asked to make minor changes and bring it back in 1 month for a final vote. That vote was to occur by the end of the year 2003. So I quickly did the board requested editing and sent the changes off to the other member of the committee for her approval. The other committee member was initially too busy. I waited an appropriate period of time and re-requested her answer. To my surprise, she sent me a completely new draft fact sheet. This was laid out professionally and was complete, in brochure form already. Several questions were in my mind. Where did this new version come from? Why did the president not ask for an explanation? Why did the president not direct us to work from the twice-approved document that was clearly what the board expected? Then there was no meeting in December. I was upset by these developments. And then came the most disturbing turn of events. At the beginning of the year, I was sent an email that said that I was no longer the chairman of the committee, and that there was an entirely new committee and a new agenda. My attempts to comply with the California Dental Amalgam Disclosure Policies had been side tracked. I hope that you will urge the dental board to push forward for full disclosure. And I'd like to mention just a couple of things while I was working on this committee that I found. I found several facts that make it even more important that the dental board continue on its quest to bring full disclosure of health risks in order to protect the people of California. First, to depend on the FDA as the source of safety of dental amalgam is invalid. These are things I learned along the way in my opinion. It is often assumed that the FDA has studied this health risk carefully. For that matter, it is often said that the FDA has approved dental amalgam as safe. I found quite the contrary. The FDA claims no jurisdiction over mixed dental amalgam because it is mixed by the dentist. The dentist is the manufacturer, mixing the mercury and silver particles in the office and thereby manufacturing the final mixed product that goes into the teeth. The FDA therefore has made no classification, does not regulate, has not studied and does not approve the mixed amalgam. The FDA also did not study or demand studies to classify the separate ingredients, which they have classified the separate mercury and the separate silver filings. The separate ingredients were simply ``grandfathered'' in. As late as January 15, 2004, the head of the Dental Devices Division of the FDA has said that ``the agency did propose to classify'' in other words approve, and I'm putting that word in there to help you out. ``The agency did propose to classify the encapsulated form of amalgam approximately 1 year ago and at the present time that process is on hold.'' When asked why, she said, ``The status of the classification as being on hold is awaiting additional information from a third review of the literature on dental amalgam that is being conducted.'' So even the encapsulated form, which would be the closest to the actual substance that dentists use to fill teeth is not classified, and therefore not approved. So the second realization was that the ADA/CDA, the ADA and by extension the CDA, has argued successful in California courts that ``The ADA owes no legal duty of care to protect the public from allegedly dangerous products used by dentists. The ADA did not manufacture, design, supply or install the mercury- containing amalgams. The ADA does not control those who do. The ADA's only alleged involvement in the product was to provide information regarding its use. Dissemination of information relating to the practice of dentistry does not create a duty of care to protect the public from potential injury.'' So this puts the burden squarely on the shoulders of the individual dentist who is ``manufacturing'' the amalgam and therefore responsible. So I found three important questions: One, has the FDA approved dental amalgam for safety? My opinion is no. Two, does the ADA/CDA owe a duty of care to protect the patient from health risks from dental amalgam? In my opinion no. Three, does the dental board have the responsibility to protect the public from known sources of health risk? Yes. Then it logically follows that: One, amalgam is 50 percent mercury? Yes. Two, mercury vapor constantly is emitted and goes to the organs of the body? Yes. Three, amalgam is the predominant source of mercury exposure in people who have amalgam filling? Yes. Four, dental amalgam exposes you to mercury, a substance known to the State of California to cause birth defects and reproductive harm. Yes. Therefore, dental amalgam is unsuitable for use in pregnant women and pregnant women should be clearly warned. I shall continue to press for full disclosure of the risks of dental amalgam to patients in order to better enable them to make informed choices. And I would just like to say that I am disappointed with the absence of the California Dental Association. We are trying to come to an agreement, but it is difficult if you do not come to the table. And I am disappointed with the absence of any of the board members or representatives of the board, I will just say that. And I thank you for your time. [The prepared statement of Dr. Yokoyama follows:] [GRAPHIC] [TIFF OMITTED] T3640.009 [GRAPHIC] [TIFF OMITTED] T3640.010 [GRAPHIC] [TIFF OMITTED] T3640.011 Mr. Burton. Thank you, Dr. Yokoyama. We will have some questions for you in just a few minutes. Mr. Khorrami. Mr. Khorrami. Thank you, Mr. Chairman. Thank you, Congresswoman Watson. And thank you for having me over here. I really appreciate your efforts on this issue, and the full issue of mercury in pharmaceutical use. It's surely a disaster. I am an attorney. I practice mostly in the area of pharmaceuticals. I for the past 5 years have focused quite a bit on mercury. I have litigated cases, the environmental level in terms of waste water and discharge, and certainly in terms of exposure having to do with a variety of products, even florescent lamps, fish, vaccines. Currently I litigate vaccine cases with Thimerosal nationally. I am lead and liaison counsel both in California, and I sit on the board for the National Steering Committee for vaccine cases. With respect to amalgam, I have litigated class cases, public interest cases, individual personal injury cases. One of my cases is actually pending in front of the California Supreme Court right now. And I have also handled cases involving Proposition 65, again in the entire gambit of toxins that are out there, but particularly with respect to mercury. Last year, about exactly a year ago, the Superior Court of San Francisco entered an order, and that order required dentists in this State to give warnings, warnings as to mercury exposure and specifically mercury expose. I know this because I was the attorney who handled it for over 2 years. I negotiated the settlement, and it was the California Dental Association that actually came and solicited the concept of settlement. I did not go to the California Dental Association. I was interested in dentists. And I will get into why I did that, but getting into Prop 65 and sort of looking at the background a bit. Proposition 65 was a ballot initiative that the citizens of this State placed on the ballot. And one of the premises was, one of the geneses of this ballot initiative was the people's distrust of government and the failure of their government agencies to protect them with respect to toxic materials. Proposition 65 then requires disclosure, and specifically warnings when the citizens of this State are being exposed to a toxic material. Mercury, of course, and all of the compounds, have been listed as Prop 65 chemical for ages. Now, the manufacturers of amalgam have been under a continuing duty to warn, and they have settled cases requiring the warnings. This was one of the first situations I had ever seen, and I believe it is the only one I have ever seen, where you have a manufacturer that puts together a warning scheme and the reason for that warning scheme is for it to get to the ultimate consumer, the exposed individual. This industry was the only one that I saw where although manufacturers were providing these warnings, it never got to the ultimate individual. And who is there in the middle of the process but the dentist; the dentist, the dental association and perhaps the dental board. This to me was also the only industry that I could find that when confronted with this issue of what are you doing with the mercury, they just sat back and clung on to their current practice of keeping this in use. When you look fluorescent lamps, those guys have taken the mercury down even though there is really not much of a possibility of individual exposure. When you look at vaccines and you have been very involved in that process, there is at least been a reduction. A lot of manufacturers said OK, fine, we are going to take some of these out. In dentistry there is not even the concept of reduction of this. Now, going back to the Prop 65 settlement, the CDA after I went and sent out notices to the dentists that I was just going to sue them for not providing warnings to their patients, the CDA came to me and said that it wanted to settle the matter on a statewide basis, and here is the reason they gave me: Was that they wanted uniform warnings across the State, warnings that were accurate. And we held out and we made sure that the warnings included mercury and talked about exposure, not that amalgams contain mercury. Now, when this was going on the court held three separate days of hearings. The court took in evidence. The court took in testimony. Well, not testimony. The position of the various side. The Attorney General of this State was present. The California Dental Association was present. Dentists were present. And the American Dental Association was present. The American Dental Association vehemently disagree with the concept of giving warnings, but then also disagreed with the form of the warning. And after considering everything, the court said that the warnings were appropriate, that the settlement was appropriate and they were to be given. Now mind you, there was no discretion given to the dentists in that situation. The warning has to be given. You can choose whether to give a warning or not to give a warning. It has to be given. And, in fact, that discretion was taken out of the hands of the dentists in the form that the warning took, which was a posted sign. It cannot be inside of an informed consent form. It is not going to be something that you just tell the patient. You first have to put it up and the patient has to see it, and the patient has to read it. So that is the way we did this. Now, going to the Watson law, as I read the Watson law we talk about safety, and I know Dr. Yokoyama talked about safety, and I know Dr. Slavkin is going to be on the other side of the safety issue, for sure. But that is not the point of the law. The law says risks and efficacies. Safety is irrelevant. It has nothing to do with it. We have millions of products in our safety that are considered safe yet go out with warnings because they have risks, because you have to have cautions, because we have precautions. OK. Pharmacueticals is a prime example of exactly what that is. That is why there is labeling requirements. That is why we have this. So safety, forget about. Information, disclosure; that's the point. Now, when the dental board comes in and decides well we do not feel like giving that warning, and this one is OK, and this way it is beneficial and the other way it is not; that is not the discretion that the Watson law gave. That is not a discretion that any of us gave it. That was not what we gave the dental board when we passed Proposition 65. We said we do not want them to have discretion. We do not trust them. And with this dental board, I don't think we should trust them. But this is exactly what is going on: They are sitting there and saying well we choose what goes out and we choose what the patient gets. And let us put aside Proposition 65. Let us put aside the Watson law. What about informed consent? Is a profession entitled to decide what is a risk, what it will disclose, what it will not disclose? The California Supreme Court has said emphatically absolutely not. Informed consent is a legal standard. That means Dr. Slavkin cannot get together with his colleagues and then decide what is something that we disclose and what is something that we do not disclose. Even if the dental board of California wanted to do a position statement on safety, that still does not do anything to the Watson law and the dentist's duties under informed consent. What we want is full disclosure to the patient. The concept of informed consent is full disclosure for the patient so that the patient, being the ultimate decisionmaker, can decide I want this stuff or I do not want this stuff. And also can be in a position to decide whether that safety position that the dental board took is a valid position or is not a valid position. That is why not only it is what the dental board illegal, not only does it not have discretion to do what it is doing, but it is also against this State's public policy. It is also against, frankly, every State I have looked at, the public policy of that State. With that, I am ready to answer questions, Mr. Chairman. [The prepared statement of Mr. Khorrami follows:] [GRAPHIC] [TIFF OMITTED] T3640.012 [GRAPHIC] [TIFF OMITTED] T3640.013 [GRAPHIC] [TIFF OMITTED] T3640.014 [GRAPHIC] [TIFF OMITTED] T3640.015 [GRAPHIC] [TIFF OMITTED] T3640.016 [GRAPHIC] [TIFF OMITTED] T3640.017 [GRAPHIC] [TIFF OMITTED] T3640.018 Mr. Burton. Well, I will have a few questions for you in just a few moments, and I am sure Ms. Watson does as well. Dr. Slavkin. Mr. Slavkin. Thank you. And welcome to the University of Southern California. I am 1 of the 19 deans of the different colleges that make up USC, and I am very pleased that we are sitting in a room that we call Town and Gown, which is the opportunity of the university to engage with the larger society about issues of mutual importance. One of the issues that I have heard today, and I know in the reputations of both of your distinguished records, that you are passionately and unconditionally interested in the health and well being of all Americans, not only in this District but across the country. I share that with you. From 1995 to 2000 I served as the Director of the National Institute of Dental and Cranial Facial Research, one of the institutes that makes up the NIH, and it's the primary funder for research scientists not only in this country, but out of the country to work on problems related to dentistry and the cranial facial complex. In that capacity I had the opportunity to review thousands and thousands of papers and grants, and work closely with CDA and the Environmental Protection Agency, and the FDA and my colleagues in other institutes. And I would be more than happy to discuss from that perspective anything that you might be interested in. I came here at the request of Steve Sample to join his leadership team 3 years ago. And began as dean of the USC School of Dentistry. We are 107 years old. We have almost 900 students in residence at any given time. And we have clearly been part of the education and training of dentists in the southern California region and beyond. I wanted to mention to you that the Watson legislation, as I learned about it and as it became clear that I was a steward of dental education, of best practices, of standard of car, that I wanted to ensure that every faculty member, every student, every staff member, every alumni knew that there were risks whether they be potential or less than potential risks in the handling of mercury. We immediately posted the signage throughout the School of Dentistry indicating the potential risk of mercury for pregnancy throughout the life span and in the elderly. In 2001 when the board made available something called the Dental Materials Fact Sheet, we adopted it immediately. It is in the hands of every patient. We treat thousands and thousands and thousands of patients from Bakersfield to the San Diego border. Every patient receives this sheet. Every patient sees the signage in the school. Every patient is questioned do they understand, do they have questions and they can evaluate from their particular point of view the risk and benefit of all procedures that are done in a health care setting. Now, at the same time I wanted to ask you if you would entertain in the spirit of the videos that we saw earlier, in the remarks that you both made and the testimony given, I would like to ask you if you would take a few moments. And I brought copies that might be inserted for you to take a look at. There is a paper from Tom Clarkson, Laszlo Magos and Gary Myers that was published in the New England Journal of Medicine, and it came out on October 30, 2003. The title of the paper is ``Current Concepts in the Toxicology of Mercury, Current Exposures and Clinical Manifestations.'' The paper goes into a critical analysis of the issue that are near and dear to your heart and mind. It evaluates the very critical references. It was supported by the National Institutes of Health. It is not affiliated with the dental school or the dental profession, or any of those implied self-interested communities. And I believe you would find it, that it talks to the grayness of the subject matter. It talks about the level of exposure per kilogram by day body weight. It talks about 0.1 micrograms being the ideal threshold from the EPA statements of 2001, from the WHO responses and analysis of 2002. And I think it is a very useful scientific peer reviewed presentation that would be of value to all of us in weighing the risks and the benefits of ethel mercury or methyl mercury, or mercury out of the ground and the applications in society. From my background as a scientists working at the NIH and in my career as a scientist, I believe that the available peer reviewed scientific evidence clearly indicates that there are risks to the use of mercury. And, the scientific evidence clearly supports that there are many opportunities of utilizing mercury where the benefit significantly outweighs the risk. Thank you for the opportunity to be with you, and of course I would be more than happy to entertain any question that you might have. [The prepared statement of Dr. Slavkin follows:] [GRAPHIC] [TIFF OMITTED] T3640.019 Mr. Burton. We would like that. Thank you, Doctor. We would like to have your documents and we will put those in the record. And I am sure Representative Watson and myself would like to ask you---- Mr. Slavkin. This is the signage throughout the School of Dentistry, the fact sheets that all patients receive and these are the copy. Mr. Burton. OK. Thank you very much. Mr. Shah. And thank you, Chairman Burton and Congresswoman Watson for allowing me to speak. As you introduced me, I am the executive director for Community Toolbox for Children's Environmental Health and today I speak to you as a member of San Francisco's Commission on the Environment and past president of the Commission on the Environment for San Francisco. Over the last 2 years we, as a Commission, have looked into the dental mercury issue as it relates to the citizens of San Francisco. And I am here today since, in part, fuller disclosure certainly but also to talk about an example of the solution to addressing mercury poisoning in our water and mercury contamination of fish. As a policy body for San Francisco, we have decided to define the mercury issue as one, a right to know issue just as you have. Certainly the amalgams that dentists put in are not just silver. They rightfully should be known as mercury amalgams. And myself, I have four cavities from eating too many chocolates, I guess, as a child and not flossing which is about enough mercury in my mouth to contaminate a 20 acre lake and make it unfit for fishing. So, certainly I should know that and everyone should know that. And we support a brochure on the part of the California Dentists Association. We also defined the mercury issue as a human rights issue or an environmental justice issue. All citizens in San Francisco and America have a right to clean air, safe water and ample food, access to open space which is free of toxins that could be harmful to their health. And so with that said, we decided to say you know we can go about the process of policymaking by saying there is science that says this, there is science that says that, here is a number that is safe and that number is four, here is a number that is safe and that number is seven. We chose to step back from that discourse a little bit and provide a cautionary approach to our policymaking with regard to this particular issue and try to implement the precautionary principle issues touched on earlier and which other speakers have talked about. So what we did was we did a little bit of research. We held hearing. We got our information. We had dentists, the CDA, the ADA, environmental groups, activists come and talk to the Commission. And we did our own research. And we found that dentists are the largest contributor of mercury to our waste water facilities. And that, in fact, on our waste water facilities is an enormous financial impact on the citizens in San Francisco. We evaluated the policies that we had enacted 10 years ago and 12 years ago. And we found that voluntary compliance on the part of dentists to reduce mercury in waste water systems just wasn't working. As of September 2003 there was less than 1 percent of the dentists in San Francisco that were using amalgam separators to separate essentially when the filling comes out, to separate the mercury and the amalgam from what goes into the waste stream. That is less than 1 percent. So we decided that we wanted to develop a mandatory permitting process. It is a very simple process whereby dentists, as a manufacturer, as to submit a permit for its discharge into the waste water system. The permitting process was developed in conjunction with the California Dental Association as well as the San Francisco Dental Society and activists, city workers, regulators. And we came to the solution of providing two options for dentists. They could either purchase amalgam separators so that the mercury would stay and it could be reused, recycled or disposed of appropriately at a cost of about $1,200, what the average has been, or they could go through a monitoring process and not purchase a processor or implement best management practices as they may have learned in their schooling or in their continuing education. Since we have done that, which we began the education and the process for that in September 2003 when we had less than 1 percent of dentists that were using separators, we now have 76 percent of dentists in San Francisco who are using these amalgam separators. That reduces the amount of mercury that enters into our water system, into our fish and subsequently into our bodies, especially of bodies of low income individuals in the immigrant communities that live on the fish that they get, that they fish for everyday in the morning from the waters of San Francisco Bay. That reduces the amount of mercury by 90 percent. It is just enormous. And as we talk about moving forward, as we talk about moving toward the elimination of mercury or amalgams in dentistry, you know we will have other issues which is what are we going to do with all this stuff now that we are going to make sure we collect. So California is paving the way in many ways. Hopefully, San Francisco is laying the seed for the next thing for California to do, which is in its waste water we certainly must mandate some way, a process where separators can collect the mercury before it gets into the environment and into our bodies. I just wanted to rattle quick statistics off. Like I said, the two options of the 644 dentists office is 76 percent have chosen to install separators. We have offered and the process that really supported the engagement of the dentists was we offered small rebates through a bit of a local grant that we got from the California EPA. We will continue to do education of the staff and the dentists so that they continue to use the best management practices. And we have developed various fact sheets which actually are part of the packet that I gave you all. We also have it on line. They are available. And we also have an expo. And this is where we talk about the economy and we talk about stimulating the economy. This is where something that is good for public health and good for the environment can actually potentially spur economic growth. What we did was we also engaged with producers of the amalgam separators and said we most likely are going to do this and there may be more dentists that come to purchase your equipment. And they on their own started to educate the dentists about their products. We held a vendor expo where we had folks come and talk about their wares. We have a list of vendors, which is also part of your packet, which meets certain criteria that we went through. So we sort of flushed that out. And they are excited. They are engaged in this and they are helping support it because it helps their bottom line and they know that it helps the environment and it addresses human health issues. So in closing, I say that as we move forward we certainly need to keep asking the CDA to do the right thing. Sometimes volunteerism, as I am sure you have learned Congresswoman Watson, does not always work. You know, sometimes it takes a little bit of a firmer hand and a little more tenancy that may twist a bit, right? And maybe a bit of a mandatory process, especially when it comes to the health of our children. We have done this in San Francisco but we cannot keep the Bay free of mercury unless other jurisdictions who are in the Bay join us in this. And we hope for the State law that looks at permitting processes or even Federal regulations that looks at permitting processes. This came about because of, actually, a reduction in the amount of mercury that our waste water system was asked to put out. So we look forward to working with you in any way and talking about how to implement it in local jurisdictions with State law and so on. Thank you. [The prepared statement of Mr. Shah follows:] [GRAPHIC] [TIFF OMITTED] T3640.020 [GRAPHIC] [TIFF OMITTED] T3640.021 [GRAPHIC] [TIFF OMITTED] T3640.022 [GRAPHIC] [TIFF OMITTED] T3640.023 [GRAPHIC] [TIFF OMITTED] T3640.024 [GRAPHIC] [TIFF OMITTED] T3640.025 [GRAPHIC] [TIFF OMITTED] T3640.026 Mr. Burton. Thank you. Let me start with you, Mr. Shah. You know we had, I think from Newport News, VA the Naval base down there, the waste water treatment system stopped the Naval base from flushing things from its dentistry lab there where they took care of the Naval, the personnel of dentistry. They stopped them from flushing that into the waste water treatment plants down there and they had them put it into barrels because they were contaminating the water supply down there so severely. So the problems that you are talking about that were very real in San Francisco are not just a problem for San Francisco, you are absolutely correct. And I would just like to say if we did not have mercury amalgams, how much would that reduce the amount of mercury in the water that goes into the fish that gets into the food chain if there was no mercury amalgam. Mr. Shah. Absolutely. Mr. Burton. How much? Mr. Shah. How much would it reduce? Mr. Burton. Yes, 100 percent? Mr. Shah. 100 percent. Mr. Burton. 100 percent. OK. That is the first thing. So we know that we reduced or removed mercury from people's teeth, then dentists would not be flushing it down the drains, it would not be going into the waste water treatment plants, it would not be getting into the water and it would not be getting into the fish, and it would not be getting into our bodies when we eat the fish. So there is something that we have not talked too much about, but it is pretty relevant. Mr. Shah. Yes. Mr. Burton. Because it is not just the teeth we are talking about. Mr. Shah. And may I say---- Mr. Burton. Go ahead, sure. Mr. Shah. That we did try. Actually that was one of the first things that we tried to do was basically ban amalgam fillings in San Francisco. And we leave that to your wisdom---- Mr. Burton. That is what we are working on, yes, right now. What is the cost difference, Dr. Slavkin between a composite filling and a mercury filling? Cost? Mr. Slavkin. Maybe three fold difference. Mr. Burton. Three fold difference? If it was done on a massive basis if the vessel was used to replace amalgams, would the cost go down? Mr. Slavkin. I do not know the benefit of volume. It is a very technique sensitive procedure so that the time it takes to do--a composite done poorly is poor. Mr. Burton. Sure. Mr. Slavkin. So the time involved and the technique sensitive nature, I do not know if there is an economy of scale by volume. Mr. Burton. You know, the thing that interests me about scientific research, we went into the space program and spinoffs from the space program turned out to include microwaves. I remember when I had my first microwave. How in the world can they cook a baked potato like that, when it takes me an hour when I put it in the oven. It is just not possible. But it happened. Do you believe that if we made it mandatory that mercury be taken out of amalgams, that we might find an alternative source of composites that maybe would make it less expensive? I mean if the---- Mr. Slavkin. Well, people are today engaged in developing biocompatible better materials for all kinds of applications, hip replacements, bone replacement and all of the---- Mr. Burton. You are the dean of dentistry here. Have you done any research or are you into---- Mr. Slavkin. I have personally done research and my colleagues have done research trying to develop a replacement for enamel, a biological enamel. That is a research project and we hope that will succeed. Mr. Burton. Have you tried to find a substitute for the amalgams? Mr. Slavkin. I personally have not, but---- Mr. Burton. Has anybody that you know of? Mr. Slavkin. But in Gaithersburg, sort of down the road from the NIH in Gaithersburg, MD there is a facility called Paffenbarger Institute. Mr. Burton. Yes. Mr. Slavkin. And they have a team of people working on a number of restorative materials that do not contain mercury or nickel or cadmium or beryllium which are some of the other components in an inorganic solution. Mr. Burton. Well, in any event, I think that science being what it is could come up with an alternative. I certainly do not know what it would. Mr. Slavkin. Sure. Mr. Burton. But it must be better than having 50 percent mercury being put into a person's tooth. And if for no other reason than stopping the environment from being polluted because of amalgams being flushed into the waste water treatment systems and into the rivers and everything, that alone seems to me to be a reason to work toward getting rid of amalgam. But let me ask you a question, Mr. Khorrami. You are a lawyer. When people go on a bank board or a savings and loan board when we had the savings and loan scandal, those people on those boards are subject to liability if they do make decisions that are not in the best interests of the people that they represent, is that correct? Mr. Khorrami. That is my understanding. Mr. Burton. What about this board here in California? If it is proven, and I will be and it already has been, but I believe at some point it is going to be so conclusively proven that there will be no doubt. Would you say that the dental board here in California might be subject to a substantial lawsuit because they did not carry out the will of the people in Proposition 65? Mr. Khorrami. Well, it is funny you should mention that. I think it is under a duty to answer just such a lawsuit. We filed one about a month ago. And we will go through the process of deposing each and every board member if we have to and getting all the documents we need to in order to prove whatever we need to to make sure that those Prop 65 warnings are getting out and if they are not, yes, we will hold them liable. Mr. Burton. Let me ask you one more question, because I think that is a real risk those people are facing. I think they are really facing, and they probably do not have that kind of coverage because a lot of people do not even provide that kind of professional liability coverage anymore. That was my business before I went into Congress. And a lot of people do not want to get on boards anymore because of the liability exposure. And I do not know if anybody is here from the State dental board, but I hope you will get that message back to them that I believe they are exposing themselves to a real liability if they do not comply with the law. Now let me ask you a---- Participant. [Off microphone.] Mr. Burton. Good. Do that. Let me ask you this, the tobacco settlement that we had, and I know that it has been said here today that the manufacturers are the doctors or dentists themselves, but the dental association which is after that putting severe pressure on dentists not to publicize that they are amalgam free or mercury free dentists, would you say that there might be some exposure to them down the road like the exposure that was released by the tobacco industry when it was proven beyond a reasonable doubt that tobacco caused cancer and emphysema and all those other things? Mr. Khorrami. Well, we feel there is. They do try to keep themselves about one step removed by saying well we do not manufacture this stuff, we do not have anything to do with it. We just sort of speak out in the public. It is amusing that they do raise up the issue that they have a person and their right to say all this stuff, and yet the other side does not have any person and a right. But that would be the only different. Past that, we feel that---- Mr. Burton. The fact of the matter is, though, I do not know if you agree or not, that there is a possible exposure there and the dentists themselves have an exposure if they continue to knowingly put a toxic substance in people's mouths and they do not warn them about it and ultimately it is proven that it results in neurological damage. Mr. Khorrami. Absolutely. And one thing that I want to not, actually the dental association were all too happy in Maryland when we were arguing some motion against them to hang their members out to dry by actually suggesting that we have sued their members rather than them for the amalgam issue. And I thought it was amusing that the members have been paying all these dues to have the dental association walk into court and say you should have sued our members. Mr. Burton. Yes. You know, I have not been a big fan of trial lawyers in the past and if you watch my record in my Congress, you have probably seen that. But I have to tell you, when something as obviously wrong is going on, it seems to me that the public has a right to be able to sue the pants off these people until they get this thing right. You know, Dr. Slavkin, you saw the film that we had on this a few minutes ago. You talked about the risk benefit issue. It is obvious that the mercury smoke does come off of a dental amalgam. There is no question about that in your mind, is that? Mr. Slavkin. May I respond? Mr. Burton. Yes. Yes. I mean, do you or do you not agree with what was on that screen? Mr. Slavkin. I saw what was on the screen. I do not agree with the interpretation of what was on the screen. Mr. Burton. What do you think it was? Mr. Slavkin. Well, in doing science---- Mr. Burton. Yes. Mr. Slavkin [continuing]. You raise an idea that you want to test and you make measurements, and you convert and you develop tests to determine the biological significance, whether it is toxicity or not toxicity. So in the case of seeing a vapor and then interpreting what that vapor to be bad without knowing the biological burden, the amount of material, the responding I believe is one of those arguments a little while ago Mr. Shah inferred that the source of mercury in San Francisco Bay was from dental amalgam. And all of us in this room, I believe, would acknowledge that the source of mercury in Santa Monica Bay or in San Francisco Bay or in Boston Bay is accumulation of hundreds of different sources and the dental amalgam source is minuscule. Mr. Burton. Well, let me interrupt you. Yes. In Newport News, VA we had the commander from that Naval base there. We had the people from the sewage water treat plant there. And they said that there was no question that the mercury amalgams were causing a huge problem for the water supply in that area. As a matter of fact, they said they would no longer accept any refuse coming out of that facility and they had to put it in drums and take it away to a storage facility so they could figure out a way to dispose of it. So, you know, sometimes I think that scientists do not want to look at things as they really are. I am not a scientist. But the fact of the matter is, we have scientists appear before our committee from the University of Kentucky and elsewhere who attest to the fact that the things that you saw on the screen was coming from the mercury amalgams and it could cause neurological damage. I have talked too long. Ms. Watson. Ms. Watson. Thank you so much, Mr. Chairman. Dr. Slavkin, give me your title again? Mr. Slavkin. I'm a dentist. I am the dean of the School of Dentistry at USC. Ms. Watson. You are the dean of the School of Dentistry at USC? Mr. Slavkin. Yes. Ms. Watson. All right. As you train your dentists, your students who are dentists, what do you tell them about the various fillings, particularly amalgams? I want to focus in on amalgams. What do you train your potential dentists to do with the amalgam before they put them into the filling, before they themselves mix them and once they remove them? Remove a tooth that might have the amalgams, what do you tell them? Mr. Slavkin. Well, I am very impressed with our faculty. We have 100---- Ms. Watson. No, no, no. I want to keep you on track. Because this hearing is about---- Mr. Slavkin. Right. Ms. Watson [continuing]. This particular leaflet. Now, what do you train---- Mr. Slavkin. If you would like me to respond, I would be more than happy to. Ms. Watson. Yes. I want you to respond to my question. Mr. Slavkin. I think the---- Ms. Watson. Your only response has to address what you teach the potential dentists about the handling of mercury amalgams. Mr. Slavkin. Right. All of the dental students are exposed to the guideline that I gave you a few moments ago, which has all of the restorative materials and filling materials that are used by their name, by the application, by the ingredients. So they have that. All of the students have the current EPA guidelines for the handling of dental amalgam. It is basic--and all other restorative materials as part of their education. All of the students. The same goes with local anesthetics or sedation anesthetics. Ms. Watson. Let me give you a direct question. Let me see if you can answer it. Does your faculty ever mention mercury amalgams? Mr. Slavkin. Of course. Ms. Watson. OK. Good. Direct answer. What do you teach your students about the handling of mercury amalgams? Mr. Slavkin. They are taught how to handle it, how to dispose of it, how to look after it in the most professional prudent fashion. They are also taught that it has risks because dentists are people also. And this dentist in front of you is a member of the ADA and is a member of the CDA and is not gagged by anybody and is speaking directly to you and is speaking on behalf of the USC School of Dentistry where we pride ourselves on making sure that all students understand the risks and the benefits of all procedures that they are involved with either as patients or as providers. Ms. Watson. Thank you so much for that answer. Now, have you seen this brochure? Mr. Slavkin. Yes. Ms. Watson. Is there anything in here that does not do what you do for your students? Is there anything in here you would like to contradict? Mr. Slavkin. In front of you is the---- Ms. Watson. No. No. This is the subject of this hearing. Is there anything in here---- Mr. Slavkin. I cannot. Ms. Watson. Take it down. Mr. Slavkin. The October 2001 version, which I gave you, we have read carefully and distribute that throughout the school. I am not sure---- Ms. Watson. Is that the October 2001 version? Mr. Burton. No, he is referring to the one that he handed you. Ms. Watson. No. No. Sir, my reference is to that pamphlet. That is the one that was approved by the dental board. Mr. Slavkin. I have not been given this pamphlet before. Ms. Watson. OK. What I would like you to do is read it thoroughly. Address a letter to me and the Chair, if you choose, as to what you find inaccurate in there. Mr. Slavkin. Inaccurate? Ms. Watson. Inaccurate. Mr. Slavkin. Yes. Ms. Watson. OK. And whether you feel that complies with my legislation of 1992. I want to really make it clear for everyone within the sound of my voice, the purpose of the hearing today is to investigate why the California Dental Board has not released a mandated pamphlet. Now, I must commend you for putting this out. I do not think it is circulated wide enough, because if I heard you clearly, it goes to the students who are dentists and those dentists---- Mr. Slavkin. No. It is posted. It is for all patients. All patients. Ms. Watson. But all patients where? Mr. Slavkin. Wherever we are located. We are located---- Ms. Watson. Where are you located? Mr. Slavkin. We have a mobile clinic that goes as far north as Bakersfield. We have 14 of them. Ms. Watson. Does it go to Eureka? Mr. Slavkin. We are not in Eureka. Ms. Watson. OK. You just answered my question. It is not generally circulated---- Mr. Slavkin. Why would you ask if we were in Eureka? Ms. Watson. Eureka is part of California. Mr. Slavkin. But, I mean, we are---- Ms. Watson. OK. Listen. Let me---- Mr. Slavkin. But the Dental School---- Ms. Watson. Let me zero in. You cannot snow me with the scientific talk and methodology, OK. Now, I am the author of a mandated bill that has been completely ignored by the board of professional, supposedly dentists and maybe there might be a non-dentist. I am terribly upset because we have been working with Dr. Yokoyama. And this was, the one that you were just handed, a leaflet that was approved by the majority of the board. Then they come back in and they give us something that has never been seen by the Chair of the committee. It all gobbledygook as far as I am concerned when professionals come and try to argue scientific methodology to me. Because that is not what my bill was all about. I directed the California Dental Board to come up with a brochure that would be user friendly, elementary language, not four pages of a scientific debate. That is not what I wanted to do. Mr. Yokoyama. Ms. Watson. Ms. Watson. Yes. Mr. Yokoyama. If I could just respond quickly. I understand Dr. Slavkin's situation here. He has really been asked to come and talk about this, but he is not responsible for the disruption, so to speak, of the fact sheet as it has gone through the process. So, I do not think he in particular has a particular responsibility. I understand that you would like him to read the pending brochure, and I think that would be important. But I do not think that it is his responsibility here today, particularly, concerning that, what I called an extremely disappointing turn of events. Ms. Watson. That is not where I am going with this. Mr. Yokoyama. Fine. I just wanted to let you know. Ms. Watson. I just wanted everyone to be clear. Am I not speaking English? Mr. Yokoyama. Yes. Ms. Watson. OK. My main concern for having this hearing is to find out why these California Dental Board has not complied with the law. OK? Now, do not give me the scientific gobbledegook about research. That is not why we are here. That is another debate at another time. I commend you, Dr. Slavkin, for putting this in every office where your program goes. Eureka is part of California. You do not go that far, so they do not have this. They do not see this. What I want is for anyone who goes to a dental office to be aware of what you are putting into their system. I do not know why that is so difficult to do. Can you explain that to me, Dr. Yokoyama. I see the hand in the back. Mr. Yokoyama. Well, no. Ms. Watson. Can you explain why that is difficult. Mr. Yokoyama. I tried to explain in my testimony that it was done. It was in the hands. I mean, you see the result. The brochure ready. It was made ready by the California Department of Consumer Affairs. They went over it very carefully, the language was---- Ms. Watson. By the way, excuse me for a minute. The bill was written in the Consumer Affairs Code section intentionally because my intent as Chair of California Senate Health and Human Services Committee for 17 years was to protect the consumer. So that is why we wrote it in that code. Some people do not get that. It is about protecting the consumer. Mr. Yokoyama. Right. Ms. Watson. And I simply ask. Excuse me. I simply ask that the board of professionals come up with a leaflet that would show the benefits and the deficits, the risk as well as the benefits. Mr. Yokoyama. And I believe that I have come up with that. I believe that was produced. It is in the hands of the board ready to go. It was somehow derailed. Ms. Watson. Thank you very much. Mr. Khorrami. Congresswoman. Ms. Watson. Yes. Mr. Khorrami. If I may speak just a moment. Perhaps a better question for Dr. Slavkin would be is if he is putting out this warning which you held up that he has in his clinics is I believe the Prop 65 warning that we were talking about, then what would be the opposition to having this same information handled to the patient in the form of a leaflet? Because that warning, unfortunately because of the shortcomings of the law, only has to be passed out by entities that have more than 10 employees which leaves out a big portion of the dentists in this State. So this pamphlet following your law, pursuant to your law, would take out a huge gap in the law that we have. And perhaps a better that Dr. Slavkin could answer is what would be the opposition of doing just that? Ms. Watson. Yes, that is why I said do you a go to Eureka. I mean, do you cover the State? Obviously not. And I am just wondering, that is why I referred to Dr. Yokoyama. Why is it that we cannot get compliance from the dental board. Mr. Burton. Ms. Watson, do you have any more questions right now? I have a couple more if you---- Ms. Watson. OK. If somebody would like to respond to me, someone who has read the brochure, can you tell me what it is in that brochure that Dr. Yokoyama wrote that is so offensive that we have had people blocking us from getting it completed? If anybody would like to respond. If there is some inaccuracy in there, if there is something that you question? Is there anyone in the audience that has seen it who would like to come forward and point it out? If so, would you write me a letter specifying. The National Dental Association, I gave them the same challenge. I said take my law and take the brochure and then rewrite it and send it back to me. Well, all I got was the letter stating their position in opposition. So I'm missing something and I would like you to help educate me as to what it is I am missing. Will anyone like to respond? OK. Well, thank you so much, Mr. Chairman. Mr. Burton. Thank you. I just have a couple of more questions. And before we finish, I want to thank our staffs, your staff and my staff, who worked so hard to put this together today. They had to fly all the way out here from Washington, and I really appreciate your hard work. You picking me up today, thank you very much. All the things you guy have done, thank you very much. Let me just ask a couple more questions here. You are not a doctor of chemistry, are you, Dr. Slavkin? Mr. Slavkin. No. Mr. Burton. All right. Well, in May 2003 there was a hearing held by my subcommittee, a Dr. Maths Berlin who is a Ph.D. and professor emeritus in environmental medicine at the University of London presented the finding of his report, which was entitled ``Mercury in Dental-Filling Materials--An Updated Risk Analysis in Environmental Medical Terms.'' Are you familiar with his study at all? Mr. Slavkin. No. Mr. Burton. Well, here is what he said. This was the conclusion of his report. ``With reference to the fact that mercury is a multi-potent toxin with effects on several levels of the biochemical dynamics of the cell, amalgam must be considered to be an unsuitable material for dental restoration. This is especially true since fully adequate and less toxic alternatives are available.'' That was his statement, and he has done extensive studies on this. And then the chairman of the Department of Chemistry at the University of Kentucky Dr. Boyd E. Haley testified before our committee that were absolutely no doubt whatsoever that what we saw on the screen today was accurate; that those emissions were coming from the mercury in those amalgams and they did cause toxicity to the brain. These are people whose life's work is in that area. And so I hope, and I understand what you said and I admire the work you do here, but I hope you will take a hard look since you are one of the leaders in this area here in California, take a hard look at some of these studies. Because some of these people who have really worked at this as far as from a chemical standpoint, heads of chemistry departments throughout the world, are absolutely convinced that the amalgams are a major part of the problem. And with that, are there any more questions? Ms. Watson. I just wanted to ask Dr. Slavkin, since you are here at USC, would you agree to work with myself and my staff to give us information? Because I really need to get the input from your professionals as to why there is a feeling among the organized dental community that we need to continue to use mercury in amalgams? Mr. Slavkin. Yes. Whatever we can do to, I mean USC and the School of Dentistry. We are interested in facilitating anything that will improve the quality of oral health in the Nation and in California. And if we can be helpful, we would like to---- Ms. Watson. You know, since I am very, very proud of this institution and you happen to be located in my District, I would like to say that based on the scientific information I received from the University of Southern California and the Dental Department that we have been able to come to this conclusion. I would be very proud to quote the scientific data. And this is for all the panelists. What I am not going to do is tolerate more delays in complying with the law. And what I am going to do, and everyone hear this, is support the lawsuits against the board. And I hope we can look at them individually. Because how dare them violate a mandate. In some way they are not getting that. And I intend to pursue this to its final conclusion. I would love to have the support of any of you that are willing to work with us, but in particular, Dr. Slavkin, I could use your input. So let me know. And thank you so much for putting this out. I wish you would go all the way to Eureka. And with that, I want to say thank you for your participation and your input. Mr. Burton. OK. Well, thank you very much. I think Representative Watson and I put out a press release. I do not know if it is printed or will be printed, but in that press release one of the things that we did was we commented that there was a school where a very minute amount, I believe in a chemistry lab, was spilled. The children had to be taken out of school. Their clothes had to be confiscated. The school had to be evacuated while they cleaned it up because it is such a toxic substance. So I think the point you made is well taken. I would just like to end up by saying thank you all for your patience. Thank you, Ms. Watson, for being here today. And I would like to make one more comment to the board out here on behalf of Ms. Watson. I think if they continue to ignore the law, they certainly are doing it at their own peril. I think that they are opening themselves up to all kinds of legal exposures if they do not get on with following the law very, very quickly. And if I can help you in anyway, you may rest assured I will. Thank you very much. We stand adjourned. Ms. Watson. Thank you. [Whereupon, the subcommittee adjourned.] [Additional information submitted for the hearing record follows:] [GRAPHIC] [TIFF OMITTED] T3640.027 [GRAPHIC] [TIFF OMITTED] T3640.028 [GRAPHIC] [TIFF OMITTED] T3640.029 [GRAPHIC] [TIFF OMITTED] T3640.030 [GRAPHIC] [TIFF OMITTED] T3640.031 [GRAPHIC] [TIFF OMITTED] T3640.032 [GRAPHIC] [TIFF OMITTED] T3640.033 [GRAPHIC] [TIFF OMITTED] T3640.034