Dentist says state told him to clam up about mercury fillings

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http://www.firstamendmentcenter.org/news.aspx?id=12213Dentist 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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