Bill Text: CA AB574 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Health facilities: smoking.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2010-01-14 - Consideration of Governor's veto stricken from file. [AB574 Detail]

Download: California-2009-AB574-Amended.html

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BILL NUMBER: AB 574	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 23, 2009
	AMENDED IN ASSEMBLY  APRIL 13, 2009

INTRODUCED BY   Assembly Member Hill

                        FEBRUARY 25, 2009

   An act to add Section 1286.5 to the Health and Safety Code,
relating to health facilities.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 574, as amended, 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. 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, including general acute care hospitals. A
violation of these provisions is an infraction.
   This bill would  for a general acute care hospital, instead,
 prohibit smoking in all areas of  a general acute care
  the  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  
   The bill would specify 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.

   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1286.5 is added to the Health and Safety Code,
to read:
   1286.5.  (a) Notwithstanding Section 1286, 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.
   (b) A general acute care hospital subject to subdivision (a) 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 this policy during orientation and
current employees shall be informed of the policy at least 60 days
prior to implementation.
   (c) A general acute care hospital may provide interested patients,
visitors, and staff with information on, or refer them to, smoking
cessation services.
   (d) 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.
   (e) 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 and that is used for nonhealth care-related purposes.
   (f) This section shall not be subject to the provisions of Section
1290.
   (g) It is the intent of this section to encourage and assist
smokers to quit tobacco use and to reduce the associated risks of
tobacco smoke to hospital patients, staff, and visitors. 
   (h) 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.