BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 574
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          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.








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          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  








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            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.








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             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