BILL ANALYSIS
AB 574
Page 1
ASSEMBLY THIRD READING
AB 574 (Hill)
As Amended April 23, 2009
Majority vote
HEALTH 13-4 APPROPRIATIONS 11-5
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|Ayes:|Jones, Ammiano, Block, |Ayes:|De Leon, Ammiano, Charles |
| |Carter, De La Torre, | |Calderon, Davis, Fuentes, |
| |De Leon, Hall, Hayashi, | |Hall, John A. Perez, Price, |
| |Hernandez, Bonnie | |Skinner, Solorio, Torlakson |
| |Lowenthal, Nava, V. | | |
| |Manuel Perez, Salas | | |
| | | | |
|-----+--------------------------+-----+----------------------------|
|Nays:|Adams, Conway, Gaines, |Nays:|Nielsen, Duvall, Harkey, |
| |Audra Strickland | |Miller, |
| | | |Audra Strickland |
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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)Permits a general acute care hospital to provide interested
patients, visitors, and staff with information on, or refer
them to, smoking cessation services.
3)Permits smoking on a hospital campus by a patient with the
written approval of the treating physician.
4)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 the
applicable standards in this bill.
5)Declares the intent of this bill to encourage and assist
smokers to quit tobacco and to reduce the associated risks of
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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 specified areas of workplaces from the smoking ban
including: a specified percentage of hotel and motel rooms;
parts of hotel lobbies; warehouses; patient smoking areas in
long-term care facilities; small businesses; and certain
employee break rooms.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, no direct fiscal impact to the Department of Public
Health to continue oversight of health and safety in California
hospitals.
COMMENTS : The author states that hospitalization for treatment
of an acute health problem, particularly for an 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.
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
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California.
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.
Analysis Prepared by : John Miller/ HEALTH / (916) 319-2097
FN: 0000612