Tobacco Institute
State Smoking Restriction Laws Hospitals / Health Care Facilities
Fields
- Alias
- TIMS0020161 - TIMS0020168
- Site
- CB2574
- TI Storage Box 5630
- Type
- LEGISLATION / LAW
- REPORT
- Named Organization
- Dept of Health
- Litigation
- Mississippi AG
- Request
- Msag7-7.D.2
- Date Loaded
- 18 May 1999
- Ending Date
- No date
- UCSF Legacy ID
- oax22f00
Document Images
state 8mokinc Restriction Laws
Hosoitals/Health Care Facilities
AL --
AK --
AZ --
No law
Ban
This section does not prohibit smoking if it is
confined to areas designated and posted as smoking
areas (public waiting rooms of health-asSociated
laboratories or facilities).
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 -- DOE$ NOT PREVENT
ANY HEALTH CARE FACILITY FROM BANNING SMOKING IN ANY
AREA OR IN ALL AREAS.
CO -- Hospitals shall: 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 THIS SECTION 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 or'any waiting room thereof. "Any
person admitted.,to a health care institution s a ,
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
TIMS00020162

DC -- Prohibits smoking in any area of a health care.facility
frequented by the general public, including hallways,
waiting rooms and lobbies....the operator of-'facility
may designate separate areas as smoking.....'.wh+an a
facility permits patients to smoke in bed,spacae areas,
such facility AbAn mak* a reasonable effor~t;~to
determine a patient's individual nonsmo{amoking
preference and assign patients who arev ~'asced in
bed space areas utiliz4d by 2 or more' o a
bed space area with patients who have a~~, ~ smoking
preference..... staff visitors, and genera ~pu'Nrlic shall
not smoke in bed space areas utilized by nonsmoking
patients.
FL -- No person mav smoke in a public place (hospital) except
in designated smoking areas...smoking my Aot be
designated in hospital emergency room,;Aoctor's or
dentist's waiting room. "A Patient's,;,i`
tdn a
hospital, nursing home, or other healtfitudiie:°facility
may not be designated as a smoking ar~~'itn]:ess 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 facilities, including,
but not limited to hospitals, clinics, and ph sicians,
and dentists' offices. Smoking ~ 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 a.,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.
IN -- No law
2
T4MS00020163

IA -- Public place definition includes hospitals' :where '.
smoking areas mav be designated;.by:_pergon~ htroi of
place, but DOES NOT INCLUDEZ:;each~resiin a
health care facility. The` person in cust'b~ ' '"control
of the facility shall providee a sufficient',,'ritiimber of
rooms in which smoking is not 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
services are provided to the public) exoft,.~.rt
designated areas.... may be designated by`~"~rson 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, 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 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 FREE ENVIRONMENT IN PATIENT CARE AREAS
AND COMMON AREAS.
3
TIMS00020164

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 nursing home;4:~arding
care facility, or licensed residential;f$eil~except
as allowed in this subdivision..... patien
chemical dependency treatment program or"7n~t1~t~ 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) sh designated nonsmoking areas;or entire
area as a smoking area or entire area as nonsmoking
area. Health care facilities shall 1) ask,preference
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 preference 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) shal 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
r'MS000201ss

ND -- Every place of public assembly (includes rooms in which
persons are conf ined as a matter of health),,.';, is - an area
where smoking is not permitted outside of desiqnated
smoking areas..... smoking areas must be designated by
proprietor.
OH -- In every place of public assembly (includes hospitals)
q ~5brmitted,
there shall be an area where smokin
provided that no more than 1/2 of the l%.any
o~ ned as a
health care facility in which' persons "ar~, :g
matter of health care may be designated a~'"~smoking
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
..
5
TIMS00020166

WA -- No person shall smoke in a public place (includes
hospitals) except in designated smoking areas which mav
be designated by the owner;or person in ;
charge.... prohibited in hallways of health;care
facilities, with the exception of nursing`homes....~y
designate facility nonsmoking in its entirety.
WV -- Requires all hospitals to have a smoking policy
approved by the Directory of Department!tof:
Health....bans smoking in various health~.,facilities run
by the state. ~
WI -- Smoking prohibited except in designated smoking
areas...may not designate an entire buildings as
smoking.
.s
6
T ,I yS0002p 1s7
