BILL NUMBER: AB 1278	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JANUARY 26, 2012
	AMENDED IN ASSEMBLY  JANUARY 4, 2012
	AMENDED IN ASSEMBLY  AUGUST 15, 2011
	AMENDED IN ASSEMBLY  MAY 18, 2011
	AMENDED IN ASSEMBLY  MARCH 31, 2011

INTRODUCED BY   Assembly Member Hill
    (   Coauthor:   Assembly Member  
Pan   ) 

                        FEBRUARY 18, 2011

   An act to add Section 1286.5 to the Health and Safety Code,
relating to health facilities.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1278, as amended, Hill. Health facilities: smoking.
   Existing law establishes various programs for the prevention of
disease and the promotion of health to be administered by the State
Department of Public Health, including, but not limited to, a program
for the licensing and regulation of health facilities. A violation
of these provisions is a misdemeanor.
   Existing law, with certain exceptions, prohibits smoking in
patient care areas, waiting rooms, and visiting rooms of specified
health facilities, including general acute care hospitals. A
violation of these provisions is an infraction. Existing law
generally prohibits smoking in the workplace.
   This bill would, for a general acute care hospital, instead,
prohibit smoking in all areas of the hospital and throughout the
entire hospital campus, as specified. The bill would require general
acute care hospitals to post specified signs and train employees on
the smoking policy.
   The bill would specify that the smoking prohibition does not
prevent smoking on a hospital campus by a patient if the treating
physician determines that the patient's treatment will be
substantially impaired by the denial to the patient of the use of
tobacco and the physician enters a written order permitting the use
of tobacco by that patient.
   The bill would also specify that violation of these provisions
does not constitute either a misdemeanor or an infraction.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 1286.5 is added to the Health and Safety Code,
to read:
   1286.5.  (a) It is the intent of the Legislature to encourage and
assist smokers to quit tobacco use and to reduce the associated risks
of tobacco  and second   hand  smoke to hospital
patients, staff, and visitors.
   (b) Notwithstanding Section 1286, and except as provided in
subdivision (c), on and after March 1, 2013, smoking shall be
prohibited 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.
Public thoroughfares and sidewalks adjacent to the general acute care
hospital but not owned by the hospital are not subject to this
section.
   (c) (1) This section shall not prevent smoking on a hospital
campus by a patient if the treating physician determines that the
patient's treatment will be substantially impaired by the denial to
the patient of the use of tobacco and the physician enters a written
order permitting the use of tobacco by that patient.
   (2) This section shall not apply to property owned or leased by
the hospital that is distinct from, and not part of, the principal
medical campus if the property is used for  nonhealth
care-related  purposes  unrelated to health care  .

   (d) A general acute care hospital shall post signs stating that
smoking is prohibited on the entire hospital campus at building
entrances and in other conspicuous locations. New employees shall be
advised of the nonsmoking policy during orientation and current
employees shall be informed of the policy at least 60 days prior to
implementation.
   (e) A general acute care hospital may provide interested patients,
visitors, and staff with information on, or refer them to, smoking
cessation services.
   (f) A city, county, or city and county may adopt and enforce
additional smoking and tobacco control ordinances, regulations, or
policies that are no less stringent than the applicable standards
under this section.
   (g) A violation of this section shall not be subject to Section
1290.