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Anne Landman's Collection

State Smoking Restriction Laws Hospitals / Health Care Facilities

Date: 07 May 1991 (est.)
Length: 6 pages
TIMS0020162-TIMS0020167
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snapshot_ti TIM00791.52-TIM00791.57

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Named Organization
Dept of Health
Litigation
Mississippi AG
Type
LEGISLATION / LAW
REPORT

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Page 1: TIM00791.52
~tate 8mokinq Restrictio= Laws Hos~italslHealth ~a~e Facilities AL -- No law AK -- Ban .. AZ -- This section does not prohibit smoking if it is confined to areas designated and postedas.smoking ' areas (public waiting rooms of health~associated laboratories or facilities). ...... '" ~!i"~ AR -- Prohibits smoking or tobacco products in waiting rooms, hospital corridors, nurses' stations, and all hospitals except private patient rooms. CA -- Shall make every reasonable effort to assign patients to rooms according to the patient's individual nonsmoking or smoking preference -- DOEr"NOT PREVENT ANY HEALTH CARE FACILITY FROM BANNING SMOKING IN ANY AREA OR IN ALL AREAS. CO -- Hospitals sha11: A) allow all patients, prior to elective admission, to choose to be in a no smoking patient room and, when possible, accommodate such request; B) prohibit employees from smoking in patient rooms; C) require all visitors obtain.express approval from all patients in a patient room prior to smoking. All areas of a hospital not specifically referred to in this paragraph shall be considered smoking areas unless posted otherwise. "NOTHING IN THISSECTION SHALL PROHIBIT A HOSPITAL FROM BANNING SMOKING ON ALL OR PART OF ITS PREMISES." CT -- No person shall smoke .... in any area of a health care institution unless a sign is posted which indicates that smoking is permitted in such area, except that smoking shall not be permitted in any diagnostic or treatment area orany waiting room thereof. "Any person admitted,to a health care institution shall, upon request, be assigned a room in which smoking is not permitted, and shall be entitled to be assigned to such room for the duration of his stay or until her requests an alternate assignment." DE-- No law 1 TIMSO0020162
Page 2: TIM00791.53
DC -- Prohibits smoking in any area of a health care facility frequented by the general public, inĀ¢ludlng~hallways, waiting rooms and lobbies....the operator of,facility may designate separate areas as aoking.,..~whe~ a facility permits patient, to s~oke in bed,spaoe areas, such facility shall make a reasonable determine a patient', i.dlv~d,al preference and as.ig~ parlors who are-.~~~a=ed in preference ..... staff visitors, and gene~a~ptt~lic shall not smoke in bed space areas utilized by nonsaoking patients. FL -- No person ~X smoke in a public place (hospital) except in designated smoking areas...smoking~in~t be designated in hospital emergency roc~,i;~or~, or dentist's waiting room. "A patient'sl.~~n a may not be designated as a smoking are~i.:~less all patients assigned to that room agree that the room may be so designated." GA -- No law HI -- Smoking shall be prohibited in "semi-private rooms, wards, waiting rooms, lobbies, and public hallways of public and private health care Ā£aeilitiee, including, but not limited to hospitals, clinics, and physicians' " and dentists' offices. Smoking ~I~]~ be permitted in a private room or in a semi-private room when there is no objection by any patient occupying such rooms. ID -- No person shall smoke in a public place (includes hospitals) except in designated smoking areas (to be designated by person in charge. IL -- No person shall smoke in a public place (includes hospitals) except in that' portion which may be established under section 5 ..... the elected and appointed officials of the state of IL and of any unit of local government and of any school district, having control over property of the state or of a unit of local government which includes a public place, and the proprietor of ~,structure which Includes a public place may establish an area on the premises as a smoking area where smoking shall be permitted, unless otherwise prohibited by law or ordinance.
Page 3: TIM00791.54
IA -- Public place definition includes hospitals"wh~e smoking areas may be designa~ed~..by,~persO..~.~~~rol of place, but DOES NOT INCLUDE=i~e~h ~esi~~"~ in a health care facility. The~person in custOm, control ~ of the facility shall provide a suffici~nt~~er of rooms in which smoking isnot permitted to~':aCcommodate all person who desire such rooms. KS -- No person shall smoke in a public place~(health care institutions or any other place.where health.~care serTices are provided to the public) eX~. deslgnated areas .... may be designated ~~n in charge. " ~ .... KY -- No law LA -- No law ME -- "A patient or resident of a hospital may smoke in designated areas within the hospital if a licensed physician has written an order permitting the patient or resident to smoke." MD -- "An individual may not smoke in any area of a hospital" exempts: 1) facility for treatment of mental disorders, 2) patients where the average stay is more than 30 days, 3) patients in an acute care hospital and the attending physician authorizes smoking, in writing, as part of the care of the patient. MA -- Any person admitted to a health care facility .... sha~, upon request, b6 assigned a room in which smoking is not permitted and shall be entitled to be assigned to such room for the duration ~f his stay or until an alternative assignment is requested. MI -- An individual shall not smoke in a health facility except under one or more of the following circumstances .... prohibition on smoking would be detrimental ..... patients who are permitted to smoke shall be placed in a separate room from nonsmoking patients .... IF A HEALTH FACILITY ALLOWS SMOKING, THAT SMOKING IS ALLOWED ONLY IN DESIGNATED AREAS THAT ARE ENCLOSED AND VENTILATED OR OTHERWISE CONSTRUCTED WHICH ENSURE A SMOKE ~EE ENVIRONMENT IN PATIENT CARE AREAS AND COMMON AREAS. TiMSO0020164
Page 4: TIM00791.55
MN -- Smoking is prohibited in any area of a hospital, health care clinic, doctor's office,, or other health~care- related facility, other than a nursinglhome}~arding care facility, o~ licensed residential!ifac!i~i~i except as allowed in thls subdivision ..... chemical dependency treatment program or~M~~health program ..... SMOKING MAY BE ALLOWED IF AUTHORIZED IN WRITING BY THE PATIENT'S ATTENDING PHYSICIAN. MS -- No law MO -- No law MT -- Proprietor or manager of public place (includes hospitals) shall designated nonsmoking areas~or entire area as a smoking area or entire area as no,smoking area. Health care facilities shall 1)askpreference for smoking or nonsmoking room prior to admission and when possible, accommodate such a preference...NOTHING SHALL. PROHIBIT A HEALTH CARE FACILITY FROM BANNING SMOKING ON ALL OR PART OF ITS PREMISES. NB -- No person shall smoke in a public place except in a designated smoking area unless such area is otherwise exempt or a waiver by the Department is in effect .... designated smoking area shall be reasonably proportionate to the preferenbe of the users. NV -- Smoking is prohibited in any medical facility or facility for the dependent or.doctors office .... person in charge may provide separate rooms or portions of areas where smoking is permitted. NH -- Smoking is prohibited in hospitals and other acute care facilities except resident rooms in facilities such as nursing homes, sheltered care facilities, and residential treatment, rehabilitation facilities, and prisons and detention facilities when designated smoking areas meeting definition for "effectively segregated". NJ -- Person in control of an indoor public place (includes health care facilities) shall establish nonsmoking areas in those places for which he is responsible. NM -- No law NY -- Operator of an indoor public area (includes hospitals) may designate a smoking area...shall not include any of the indoor areas open to the public. NC -- No law 4 TfMSo0020165
Page 5: TIM00791.56
ND -- Every place of public assembly (includes rooH in which persons ar~ co~fined as a matter of health).~is~an area where smoklng is not permitted outsideof~d~Si'~nated smoking areas ..... smoking areas must be designated by proprietor. OH -- In every place of publicassembly (includesh0spitals) there shall be an area where smokl,g i~~~itted, provided that no more than,I/2 of health care facility in whlchpersons~T-~'~ned as a matter of health care may be designated~a~~king areas in their entirety. OK -- May prohibit all smoking in health care facility or may designate smoking and nonsmoking areas within the facility. OR -- No hospital employee, patient or visitor shall smoke in any 1) room with more than 1 patient unless room is specifically designated for smoking 2) administration shall designate reasonable areas where smoking is not permitted. PA -- No person shall smoke in an area designated nonsmoking by the proprietor or person in charge in a public place (includes health care facilities). RI -- Smoking is prohibited in hospitals except if smoking is confined to areas separated from those used by the general public and identified by signs a smoking areas. SC -- Smoking is prohibited in health care facilities except where smoking areas are designated in employee break areas. NO SECTION OF THIS ACT SHALL PROHIBIT OR PRECLUDE A HEALTH CARE FACILITY FROM BEING SMOKE FREE. SD -- Smoking is permitted in designated smoking areas. TN -- No law TX -- Smoking is permitted in designated smoking areas. UT -- No person shall smoke in a public place (includes hospitals) except in designated smoking areas. VT -- No law TIMSO0020166
Page 6: TIM00791.57
WA -- No person shall smoke in a public place (inoludee hospitals) except in designated smoking areas~which may be designated by the owneriorperson charge .... prohibited in hallways of healthi:.~~e facilities, with the exception of nursing..homes .... May designate facility nonsmoking in its entirety,- WV -- Requires all hospitals to have a smoking pollcy approved by the Directory of Department:~\of~-~ Health .... bans smokang in various health'facilities run by the state. ~ "~ wI -- Smoking prohibited except in designated smoking areas...may not designate an entire buildings as smoking.

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