Bill Text: CA AB1278 | 2011-2012 | Regular Session | Enrolled
Bill Title: Health facilities: smoking.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Vetoed) 2012-09-23 - Consideration of Governor's veto pending. [AB1278 Detail]
Download: California-2011-AB1278-Enrolled.html
BILL NUMBER: AB 1278 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 13, 2012
PASSED THE ASSEMBLY AUGUST 16, 2012
AMENDED IN SENATE JUNE 20, 2012
AMENDED IN ASSEMBLY JANUARY 26, 2012
AMENDED IN ASSEMBLY JANUARY 4, 2012
AMENDED IN ASSEMBLY AUGUST 15, 2011
AMENDED IN ASSEMBLY MAY 18, 2011
AMENDED IN ASSEMBLY MARCH 31, 2011
INTRODUCED BY Assembly Member Hill
(Coauthor: Assembly Member Pan)
(Coauthor: Senator Alquist)
FEBRUARY 18, 2011
An act to amend Section 1290 of, and to repeal and add Section
1286 of, the Health and Safety Code, relating to health facilities.
LEGISLATIVE COUNSEL'S DIGEST
AB 1278, Hill. Health facilities: smoking.
Existing law establishes various programs for the prevention of
disease and the promotion of health to be administered by the State
Department of Public Health, including, but not limited to, a program
for the licensing and regulation of health facilities including
general acute care hospitals, acute psychiatric hospitals, and
nursing facilities. A violation of these provisions is a misdemeanor.
Existing law, with certain exceptions, prohibits smoking in
patient care areas, waiting rooms, and visiting rooms of specified
health facilities. A violation of these provisions is an infraction.
Existing law generally prohibits smoking in the workplace.
This bill would repeal the above described prohibition against
smoking in specified areas of specified health facilities, and would
instead prohibit smoking in all areas of a general acute care
hospital and throughout the entire hospital campus, as specified. The
bill would require general acute care hospitals to post specified
signs and train employees on the smoking policy.
The bill would provide that the smoking prohibition does not
prevent smoking on a hospital campus by a patient if the treating
physician determines that the patient's treatment will be
substantially impaired by the denial to the patient of the use of
tobacco and the physician enters a written order permitting the use
of tobacco by that patient.
The bill would also specify that violation of these provisions
does not constitute either a misdemeanor or an infraction.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1286 of the Health and Safety Code is repealed.
SEC. 2. Section 1286 is added to the Health and Safety Code, to
read:
1286. (a) It is the intent of the Legislature to encourage and
assist smokers to quit tobacco use and to reduce the associated risks
of tobacco and secondhand smoke to hospital patients, staff, and
visitors.
(b) Except as provided in subdivision (c), on and after March 1,
2013, smoking shall be prohibited in all areas of a general acute
care hospital and throughout the entire hospital campus, including,
but not limited to, buildings, parking areas, plazas, vehicles,
underground passages, and sidewalks, unless there is a
government-mandated exception. Public thoroughfares and sidewalks
adjacent to the general acute care hospital but not owned by the
hospital are not subject to this section.
(c) (1) This section shall not prevent smoking on a hospital
campus by a patient if the treating physician determines that the
patient's treatment will be substantially impaired by the denial to
the patient of the use of tobacco and the physician enters a written
order permitting the use of tobacco by that patient.
(2) This section shall not apply to property owned or leased by
the hospital that is distinct from, and not part of, the principal
medical campus if the property is used for purposes unrelated to
health care.
(d) A general acute care hospital shall post signs stating that
smoking is prohibited on the entire hospital campus at building
entrances and in other conspicuous locations. New employees shall be
advised of the nonsmoking policy during orientation and current
employees shall be informed of the policy at least 60 days prior to
implementation.
(e) A general acute care hospital may provide interested patients,
visitors, and staff with information on, or refer them to, smoking
cessation services.
(f) A city, county, or city and county may adopt and enforce
additional smoking and tobacco control ordinances, regulations, or
policies that are no less stringent than the applicable standards
under this section.
(g) A violation of this section shall not be subject to Section
1290.
SEC. 3. Section 1290 of the Health and Safety Code is amended to
read:
1290. (a) Except as provided in subdivision (b), any person who
violates this chapter or Section 127050 or 128600, or who willfully
or repeatedly violates any rule or regulation adopted under this
chapter or Section 127050 or 128600 is guilty of a misdemeanor and
upon conviction thereof shall be punished by a fine not to exceed one
thousand dollars ($1,000) or by imprisonment in the county jail for
a period not to exceed 180 days, or by both the fine and
imprisonment.
(b) Any person who willfully or repeatedly violates this chapter
or Chapter 2.4 (commencing with Section 1417), excluding Sections
1425 and 1432, or any rule or regulation adopted under this chapter,
relating to the operation or maintenance of a long-term health care
facility as defined in Section 1418, is guilty of a misdemeanor and
upon conviction thereof shall be punished by a fine not to exceed two
thousand five hundred dollars ($2,500) or by imprisonment in the
county jail for a period not to exceed 180 days, or by both.
In determining the punishment to be imposed upon a conviction
under this subdivision, the court shall consider all relevant facts,
including, but not limited to, the following:
(1) Whether the violation exposed the patient to the risk of
death or serious physical harm.
(2) Whether the violation had a direct or immediate relationship
to the health, safety, or security of the patient.
(3) Evidence, if any, of willfulness.
(4) The number of repeated violations.
(5) The presence or absence of good faith efforts by the
defendant to prevent the violation.
(c) For the purposes of this section, "willfully" or "willful"
means the person doing an act or omitting to do an act intends the
act or omission, and knows the relevant circumstances connected
therewith.
