BILL NUMBER: AB 3010	CHAPTERED  09/28/08

	CHAPTER  505
	FILED WITH SECRETARY OF STATE  SEPTEMBER 28, 2008
	APPROVED BY GOVERNOR  SEPTEMBER 28, 2008
	PASSED THE SENATE  AUGUST 20, 2008
	PASSED THE ASSEMBLY  AUGUST 28, 2008
	AMENDED IN SENATE  JULY 1, 2008
	AMENDED IN ASSEMBLY  MAY 23, 2008
	AMENDED IN ASSEMBLY  APRIL 10, 2008
	AMENDED IN ASSEMBLY  APRIL 3, 2008

INTRODUCED BY   Assembly Member Blakeslee
   (Coauthors: Assembly Members Caballero, Emmerson, Garcia, Hayashi,
Horton, Maze, Sharon Runner, and Strickland)

                        FEBRUARY 22, 2008

   An act to add Section 4138 to the Welfare and Institutions Code,
relating to state mental hospitals.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 3010, Blakeslee. State mental hospitals: tobacco products.
   Existing law provides for state mental hospitals for the treatment
of mentally disordered persons. These hospitals are under the
jurisdiction of the State Department of Mental Health which makes
regulations regarding the conduct and management of these facilities.

   This bill would authorize the Director of Mental Health, upon the
request of the director of a specified state hospital, to prohibit
the possession or use of tobacco products by patients of state
hospitals, or any other person, on hospital grounds, except on the
premises of residential staff housing where patients are not present.

   This bill would require the Director of Mental Health to create an
implementation plan for any state hospital where smoking is
prohibited. The implementation plan would be required to include a
phase-in period, an exemption for any departmentally approved
religious ceremonies, and specified smoking cessation programs for
requesting patients.
   Existing law permits the Director of Mental Health 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.
   This bill would prohibit the sale of tobacco products in a store
or canteen at a hospital where an implementation plan is adopted to
prohibit tobacco use or possession.


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

  SECTION 1.  Section 4138 is added to the Welfare and Institutions
Code, to read:
   4138.  (a) Upon receiving a request from the director of a state
hospital listed in Section 4100, the Director of Mental Health may
prohibit the possession or use of tobacco products on the grounds of
the requesting facility. The Director of Mental Health shall provide
an implementation plan that shall include a phase-in period for any
of the state hospitals listed in Section 4100 that prohibits the
possession or use of tobacco products by patients or any other
persons on hospital grounds, except on the premises of residential
staff housing where patients are not present.
   (b) This prohibition shall include an exemption for departmentally
approved religious ceremonies.
   (c) As part of the implementation plan, the department shall
provide any requesting patient with a smoking cessation plan that may
include, at minimum, an individual medical treatment plan,
counseling, prescription drugs, or nicotine replacement, as
determined to be medically necessary and appropriate.
   (d) Nothing in this section shall be construed to restrict the
outside activity time currently available to hospital patients.
   (e) If an implementation plan is adopted pursuant to subdivision
(a), the store or canteen at any facility subject to the prohibition
shall not sell tobacco products.