Clean Indoor Air Policy Language – 1/12/05

Q: A state health department wants to know whether other states have similar language in their clean in door air laws? (see below sample language)

"Health care facility" means any office or institution providing health care services, including a hospital, with the exception of enclosed areas governed by the medical staff bylaws and utilized for the treatment of diseases of addiction; clinic; ambulatory surgery center; outpatient care facility; nursing, basic or assisted living facility; and laboratories. These services include hospital, medical, surgical, dental, vision, chiropractic, and pharmaceutical services.

A:

1. Alabama: Section 4.(b) Smoking by patients in a chemical dependency treatment program or mental health program may be allowed in a separated well-ventilated area pursuant to a policy established by the administrator of the program that identifies circumstances in which prohibiting smoking would interfere with the treatment of persons recovering from chemical dependency or mental illness. Law is also available on-line at adph.org, under content area tobacco, policy tracking system and select Alabama Law.
    
2. California: (10) Medical research or treatment sites, if smoking is integral to the research and treatment being conducted. (12) Patient smoking areas in long-term health care facilities, as defined in Section 1418 of the Health and Safety Code. 1418. As used in this chapter:
   (a) "Long-term health care facility" means any facility licensed pursuant to Chapter 2 (commencing with Section 1250) that is any of the following:
      (1) Skilled nursing facility.
      (2) Intermediate care facility.
      (3) Intermediate care facility/developmentally disabled.
      (4) Intermediate care facility/developmentally disabled habilitative.
      (5) Intermediate care facility/developmentally disabled--nursing.
      (6) Congregate living health facility.
      (7) Nursing facility.
   (b) "Long-term health care facility" also includes a pediatric day health and respite care facility licensed pursuant to Chapter 8.6(commencing with Section 1760).
   (c) "Long-term health care facility" does not include a general acute care hospital or an acute psychiatric hospital, except for that distinct part of the hospital that provides skilled nursing facility, intermediate care facility, or pediatric day health and respite care facility services.
   (d) "Licensee" means the holder of a license issued under Chapter 2 (commencing with Section 1250) or Chapter 8.6 (commencing with Section 1760) for a long-term health care facility.
    
3. New Jersey: There isn't specific language but the law will allow smoking in a private room where all patients agree on admission. They also allow smoking in a private room where all patients agree on admission. They also allow smoking in a waiting room if it is the only room. Current practice is way past this in hospitals in terms of smoking bans. The Commissioner is given the authority to regulate healthcare facilities with regard to smoking and has a ban in all buildings but not on the grounds.
    
4. Rhode Island: Rhode Island Smoke-Free Public Places and Workplaces Law
   STATUTE: Public Health and Workplaces Safety Act, Enacted 6/29/04-Statute will take effect on March 1, 2005. Please click here to see law. Dept. of Health: Rules and Regulations Pertaining to Smoke-free Public Places and Workplaces, Enacted Dec. 2004, The rules and regulations will take effect on March 1, 2005. Please click here to see law.
    
5. Washington: Washington State law (RCW70.160) identifies "hospitals, nursing homes, health care facilities, or clinics" as public places and therefore subject to no smoking rules with the exception that designated smoking areas may be permitted in the hallways of nursing homes.
    
6. West Virginia: Most of West Virginia's county health dept. regulations 49 of 55 counties have regulations, which include the following language: "All patient rooms, waiting rooms, examination rooms, and other areas in health facilities, including,but not limited to hospitals, clinics, pharmacies, physical therapy facilities, nursing homes, doctors' offices, and dentists' offices."

Back to Table of Contents