Bill Text: HI HB586 | 2016 | Regular Session | Amended
Bill Title: Tobacco Products; Electronic Smoking Devices; Prohibition; HHSC Facilities
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Enrolled - Dead) 2016-04-15 - Received notice of discharge of conferees (Hse. Com. No. 610). [HB586 Detail]
Download: Hawaii-2016-HB586-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
586 |
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TWENTY-EIGHTH LEGISLATURE, 2015 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO USE OF TOBACCO PRODUCTS AND E-CIGARETTES ON HAWAII HEALTH SYSTEMS CORPORATION PREMISES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that facilities within the Hawaii health systems corporation are committed to providing quality healthcare for the people of Hawaii and taking steps to reduce the occurrence of preventable disease. Permitting the use of tobacco and other potentially dangerous substances on the premises of its health facilities is inconsistent with this commitment. Allowing such use would not only expose patients, employees, and visitors to the perils of harmful substances, but would also be counterproductive to the corporation's goal of reducing the occurrence of preventable disease.
The purpose of this Act is to promote positive health practices that protect patients, employees, and visitors of the health facilities of the Hawaii health systems corporation from exposure to secondhand smoke and other potentially harmful substances by prohibiting the use of tobacco products or electronic smoking devices, commonly referred to as "e-cigarettes" or "electronic cigarettes", on the premises of any Hawaii health systems corporation health facility and making tobacco-cessation programs available to public employees of those health facilities.
SECTION 2. Chapter 323F, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§323F- Tobacco product and electronic smoking device; use prohibited; education. (a) The corporation shall prohibit the use of any tobacco product or electronic smoking device by any person on the premises of all health facilities operated by the corporation within the State, to the extent not prohibited by federal law or regulation.
(b) The corporation shall provide tobacco cessation programs for public employees of the corporation's health facilities who are interested in participating in the programs; provided that issues relating to program costs shall be subject to collective bargaining.
(c) Pursuant to section 89-9(d), the tobacco and electronic smoking device use prohibitions under this section shall not be subject to collective bargaining.
(d) The corporation shall be responsible for educating all health facility personnel, contractors, patients, and visitors of the corporation's health facilities regarding the prohibitions under this section. The corporation shall prominently display signs stating that "tobacco and electronic smoking device use is prohibited" at all entrances to the corporation's health facilities and at other conspicuous locations throughout the outdoor premises of each health facility, in compliance with section 328J-8.
(e) For purposes of this section:
"Electronic smoking device" means any electronic oral device, such as one composed of a heating element, battery, or electronic circuit, or more than one of these, that provides a vapor of nicotine or any other substances for inhalation. The term shall include any such device, whether manufactured, distributed, marketed, or sold as an electronic smoking device, e-cigarette, e-cigar, e-pipe, or under any other product name or descriptor, but does not include any product specifically approved by the United States Food and Drug Administration for use in medical treatment, such as an asthma inhaler.
"Premises" shall mean all indoor and outdoor areas within the State-designated property boundary lines of each of the corporation’s health facilities and shall include all employee and visitor parking lots.
"Tobacco or electronic smoking device use" does not include mere possession or storage of the same for use in locations outside the premises of the corporation's health facilities.
"Tobacco product" means any substance containing tobacco leaf including but not limited to cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, chewing tobacco, dipping tobacco, bidis, blunts, clove cigarettes, or any other preparations of tobacco; and any product or formulation of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter will be introduced into the human body; but does not include any cessation product specifically approved by the United States Food and Drug Administration for use in treating nicotine or tobacco dependence."
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect on July 1, 2015.
Report Title:
Tobacco Products; Electronic Smoking Devices; Prohibition; HHSC Facilities
Description:
Prohibits the use of tobacco products and electronic smoking devices on premises of the facilities operated by the Hawaii Health Systems Corporation (HHSC). Requires HHSC to offer tobacco cessation programs to its employees. (HB586 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
