State Tells Dentist Clam Up on Mercury Fillings

November 16, 2003

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Misty L. Trepke

Dentist says state told him to clam up about mercury fillings

Dentist says state told him to clam up about mercury fillings By The

Associated Press 11.13.03 NEW HAVEN, Conn. — A dentist who has

clashed with state healthofficials over mercury-based dental

fillings is suing the state Department ofPublic Health in a free-

speech case.Dr. Mark Breiner, an Orange dentist who claims there are

health risks in themercury-based fillings, has had a federal lawsuit

filed on his behalf by theConnecticut Civil Liberties Union.In

December 2001, Breiner agreed to stop recommending that his patients

replacetheir amalgam fillings, as part of a consent decree with the

state healthdepartment to keep his license.But in July 2002, Breiner

wrote a commentary for the Connecticut Postnewspaper, urging

legislation banning mercury-based filings.The commentary drew the

ire of state health officials within weeks of itspublication. Health

officials told Breiner that his opinion piece appeared toviolate his

consent decree.

Health officials then informed Breiner in a letter dated Aug. 8,

2002, thatthey would take no further action against his

license " contingent upon youragreement to refrain from submitting

any more editorials concerning youropinion of amalgam fillings

and/or legislation regarding such. " Breiner's lawsuit, filed

yesterday in U.S. District Court, seeks a judgmentdeclaring the

alleged health department threat unconstitutional. " The DPH may be

able to regulate what a practitioner says in his office or tohis

patients, " said Teresa Younger, CCLU's executive director. " But the

bottomline is, no public agency is able to ever squelch the First

Amendment whendealing with the general public. "

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