BILL ANALYSIS
AB 3010
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 3010 (Blakeslee)
As Amended July 1, 2008
Majority vote
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|ASSEMBLY: |78-0 |(May 28, 2008) |SENATE: |29-6 |(August 20, |
| | | | | |2008) |
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Original Committee Reference: HEALTH
SUMMARY : Authorizes the Director of the Department of Mental
Health (DMH) to prohibit the possession or use of tobacco
products on the grounds of state mental hospitals under
specified conditions.
The Senate amendments :
1)Permit the Director of DMH, upon the request of a director of
a state mental hospital, to ban the possession or use of
tobacco products on the grounds of the requesting facility.
2)Require the Director to provide an implementation plan, which
must include a phase-in period, to any state mental hospital
that prohibits the possession or use of tobacco products by
patients or any other persons on hospital grounds.
3)Require the prohibition to exempt religious ceremonies
approved by DMH and onsite residential staff housing where
patients are not present.
4)Direct DMH, as part of the implementation plan, to provide any
requesting patient with a smoking cessation plan, as
specified.
5)Clarify that this bill does not restrict the outside activity
time currently available to hospital patients.
6)Ban the sale of tobacco products in the store or canteen at
any facility subject to the prohibition, contingent on
adoption of an implementation plan pursuant to this bill.
EXISTING LAW :
AB 3010
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1)Establishes DMH to monitor public mental health programs and
manage the care and treatment of severely mentally ill
patients at California's five state mental hospitals:
Atascadero; Metropolitan; Napa; Coalinga; and, Patton State
Hospitals.
2)Permits the Director of DMH to designate space on the grounds
of a state hospital as a store or canteen for the sale of
candies, cigarettes, sundries, and other articles.
3)Requires the Director of Atascadero State Hospital to develop
a hospital-wide strategic plan that includes strategies to
improve the health, therapeutic, and workplace environments
relating to the presence or use of tobacco products, including
cigarettes, cigars, snuff, and chewing tobacco, by all staff,
visitors, patients, and persons on hospital grounds.
4)Prohibits the possession and use of tobacco products by
inmates and wards at facilities under the jurisdiction of the
California Department of Corrections and Rehabilitation and
the California Youth Authority.
AS PASSED BY THE ASSEMBLY , this bill allowed the Director of DMH
to promulgate regulations prohibiting the possession or use of
tobacco products by patients and/or staff of state mental
hospitals, with certain exceptions, and banned the sale of
tobacco products in a store or canteen at any facility subject
to the prohibition upon the adoption of such regulations.
FISCAL EFFECT : According to the Senate Appropriations Committee
analysis, minor and absorbable special fund costs to DMH for
implementation plan development. Tobacco tax revenue losses of
$235,000 in fiscal year (FY) 2008-09 and $470,000 in FYs 2009-10
and 2010-11. Potential future health care savings due to a
reduced incidence of tobacco-related disease in the patient
population at state mental facilities as a result of tobacco
cessation.
COMMENTS : The Senate version differs from the Assembly version
in that the Senate amendments allow the Director of DMH to
impose a tobacco ban on the grounds of a state mental health
facility upon the request of the facility's director, and
require DMH to provide the requesting facility with an
AB 3010
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implementation plan that includes a phase-in period and smoking
cessation strategies for interested patients.
Analysis Prepared by : Cassie Rafanan / HEALTH / (916)
319-2097
FN: 0006793