BILL ANALYSIS AB 574 Page 1 Date of Hearing: April 21, 2009 ASSEMBLY COMMITTEE ON HEALTH Dave Jones, Chair AB 574 (Hill) - As Amended: April 13, 2009 SUBJECT : Health facilities: smoking. SUMMARY : Extends the prohibition against tobacco use in workplaces, including hospitals, to include the entire hospital campus. Specifically, this bill : 1)Prohibits smoking 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. 2)Excludes from the smoking prohibition, public thoroughfares and sidewalks adjacent to the general acute care hospital but not owned by the hospital. 3)Requires a general acute care hospital subject to 1) above to post signs stating that smoking is prohibited on the entire hospital campus at building entrances and in other conspicuous locations. 4)Requires new employees of a general acute care hospital subject to 1) above to be advised of this policy during orientation and current employees to be informed of this policy at least 60 days prior to implementation. 5)Permits a general acute care hospital to provide interested patients, visitors, and staff with information on, or refer them to, smoking cessation services. 6)Permits a city, county, or city and county to adopt and enforce additional smoking and tobacco control ordinances, regulations, or policies that are no less stringent than applicable standards in this bill. 7)Excludes from the requirements of this bill 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. AB 574 Page 2 8)Declares the intent of this bill to encourage and assist smokers to quit tobacco and to reduce the associated risks of tobacco smoke to hospital patients, staff, and visitors. EXISTING LAW : 1)Prohibits smoking in an enclosed space at a place of employment including lobbies, waiting areas, elevators, stairwells, and restrooms that are a structural part of the building. 2)Exempts the following places from the place of employment smoking ban: a) Up to 65% of hotel/motel guest rooms; b) Up to 25% or 50%, depending on square footage, of hotel/motel lobbies; c) Retail or wholesale tobacco shops and private smokers' lounges; d) Cabs of trucks or tractors, if nonsmoking employees are not present; e) Warehouse facilities, except areas utilized as office space, with more than 100,000 sq. ft. of total floor space, and 20 or fewer full-time employees working at the facility; f) Theatrical production sites, if smoking is an integral part of the story; g) Medical research and treatment sites, if smoking is integral to the research and treatment being conducted; h) Private residences, except for those licensed as family day care homes during hours of operation and in those areas where children are present; i) Patient smoking areas in long-term health facilities; j) Employee break rooms designated by employers for smoking, provided they meet certain criteria; aa) Small businesses, with five or fewer full or part-time employees, that meet specified criteria. FISCAL EFFECT : This bill has not yet been analyzed by a fiscal committee. COMMENTS : 1)PURPOSE OF THIS BILL . The author states that hospitalization for treatment of an acute health problem, particularly for an AB 574 Page 3 illness related to tobacco use, represents for many patients a "teachable moment," a time of heightened motivation to confront an addiction and to quit smoking. The author further maintains that for hospital professionals and staff who smoke, expanded workplace smoking restrictions emphasize the inconvenience of smoking and encourage quitting. The author argues that smoke free hospital campuses motivate patients, visitors, and employees to quit tobacco in an environment that is both supportive and prepared to provide cessation assistance to smokers. 2)BACKGROUND . According to the sponsors, Breathe California and the California Tobacco Control Alliance, 73 California hospitals currently have voluntarily prohibited smoking throughout their campuses. The Journal of the American Medical Association (1996) reports 41% of hospitals nationwide maintain smoking restrictions that are more stringent than legally required, and 66% of U.S. hospitals now offer smoking cessation to both employees and patients. The sponsors note that the Centers for Disease Control and Prevention (2008) have confirmed that the successful quit ratio is greater for hospital employees and patients when smoking is restricted. There are approximately 400 acute care hospitals in California. 3)SUPPORT . Health Access, writing in support of the bill, noted that while smoking is already prohibited inside hospitals, this bill would help smokers quit while also reducing exposure to second hand smoke. The San Francisco Tobacco Free Coalition (SFTFC) supports the bill because hospitals can provide support, assistance and encouragement to help people quit and hopefully avoid the disease and premature death caused by tobacco. The SFTFC notes that they supported a smoke-free campus at San Francisco General Hospital in order to help their coworkers quit. 4)POLICY COMMENTS. a) This bill prohibits smoking on the entire hospital campus, even for patients who are physically addicted to tobacco but who may be unable to leave the campus. The author may wish to amend this bill to provide for an exemption in cases where a patient's physician determines that denying the patient access to tobacco could impair the patient's mental health, treatment or recovery. AB 574 Page 4 b) This bill authorizes local governments to adopt and enforce additional smoking policies that are "no less stringent" than the provisions of this bill. Since this bill enacts a total prohibition against smoking on the entire hospital campus, it is unclear what additional requirements local governments would or could impose. REGISTERED SUPPORT / OPPOSITION : Support Breathe California (cosponsor) California Tobacco Control Alliance (cosponsor) American Federation of State, County and Municipal Employees Breathe California of Los Angeles Coalition of Lavender Americans on Smoking & Health Health Access California Indian Health Center of Santa Clara Valley Public Health Law and Policy Center Regional Asthma Management and Prevention San Francisco Asthma Task Force San Francisco Tobacco Free Coalition San Mateo Tobacco Education Coalition Opposition None on file. Analysis Prepared by : John Miller/ HEALTH / (916) 319-2097