California Prop 65 Warning Requirements
California’s Proposition 65 (“Prop 65”) requires businesses to provide a clear and reasonable warning before knowingly and intentionally exposing anyone to a listed chemical, at anticipated exposure levels which pose a significant risk of cancer and birth defects or other reproductive harm. Because certain procedures performed in dental offices can expose patients to chemicals known to cause cancer and birth defects or other reproductive harm or both, a warning sign must be posted.
Who Must Post the Prop 65 Dental Care Exposure Warning Sign?
Any dental business that operates within the State, employs ten or more employees and performs dental procedures that expose patients to carcinogens or reproductive toxicants, or both, during the delivery of dental care, including exposures from the use of dental appliances, must comply with the warning sign requirements of Proposition 65.
Required Prop 65 Dental Care Exposure Warning Sign Content
New Prop 65 regulations, which require compliance no later than August 30, 2018, describe the content and methods of communicating dental care exposure warnings. The Dental Care Exposure Warning Sign must contain the text specified in the regulation, 27 CCR § 25607.9.
The Prop 65 Dental Care Exposure Warning Sign:
- notifies patients of the known risks of chemical exposures during dental procedures
- informs patients that specific dental procedures can include sedation with nitrous oxide, root canals, placement or removal of crowns, bridges, and restorations such as mercury-containing fillings and use of dental appliances
- advises patients to consult with their dental care provider about these exposures and which chemicals are appropriate for treatment
- provides the Prop 65 website for additional information – P65Warnings.ca.gov/dental
Where are California Prop 65 Dental Care Exposure Warning Signs Posted?
The dental care exposure warning may be communicated by providing an informed consent form signed by the patient prior to exposure, or by posting Prop 65 Dental Care Exposure Warning Signs at all public points of entry to the dental office or in each location within the office where an exposure is reasonably likely to occur. Signs must meet specified size and font requirements.
The penalties for violating Proposition 65 by failing to provide warnings can be as high as $2,500 per violation per day.