BILL ANALYSIS
AB 574
Page 1
GOVERNOR'S VETO
AB 574 (Hill)
As Amended April 23, 2009
2/3 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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|ASSEMBLY: |46-25|(May 18, |SENATE: |21-15|(August 27, 2009) |
| | |2009) | | | |
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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.
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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
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 Senate Appropriations Committee
analysis, this bill would have an unknown fiscal effect on the
Tobacco Tax Fund and the General Fund. Potentially thousands of
dollars of revenue loss depending on the number of people that
quit smoking as a result of this policy.
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
AB 574
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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
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.
GOVERNOR'S VETO MESSAGE :
I support California's strong anti-smoking programs,
as evidenced by my support for several anti-smoking
bills over the last several years. I signed
legislation that prohibited smoking in a vehicle with
children; increased the fines and penalties for
selling tobacco products to underage minors; and
banned tobacco products in our state correctional
facilities and state hospitals. I also support
California's strong anti-smoking program and included
funds for a stronger smoking cessation program in my
2007 health care reform proposal.
However, this bill is unnecessary. Current law
already prohibits smoking in hospital patient care
areas, waiting rooms and visiting rooms of a health
facility. Hospitals also have the ability to further
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restrict smoking on their campuses to include open-air
areas such as patios, parking lots and sidewalks.
Analysis Prepared by: Marjorie Swartz / HEALTH / (916)
319-2097
FN: 0003414