BILL NUMBER: AB 1278 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 20, 2012
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)
( Coauthor: Senator Alquist
)
FEBRUARY 18, 2011
An act to amend Section 1290 of, and to repeal and add
Section 1286.5 to 1286 of, 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, repeal the above described prohibition
against smoking in specified areas of specified health facilities,
and would instead prohibit smoking in all areas of the
a general acute care 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 of the Health
and Safety Code is repealed.
1286. (a) Smoking shall be prohibited in patient care areas,
waiting rooms, and visiting rooms of a health facility, except those
areas specifically designated as smoking areas, and in patient rooms
as specified in subdivision (b).
(b) Smoking shall not be permitted in a patient room unless all
persons assigned to such room have requested a room where smoking is
permitted. In the event that the health facility occupancy has
reached capacity, the health facility shall have reasonable time to
reassign patients to appropriate rooms.
(c) Clearly legible signs shall either:
(1) State that smoking is unlawful and be conspicuously posted
by, or on behalf of, the owner or manager of such health facility, in
all areas of a health facility where smoking is unlawful, or
(2) Identify "smoking permitted" areas, and be posted by, or on
behalf of, the owner or manager of such health facility, only in
areas of the health facility where smoking is lawfully permitted.
If "smoking permitted" signs are posted, there shall also be
conspicuously posted, near all major entrances, clearly legible signs
stating that smoking is unlawful except in areas designated "smoking
permitted."
(d) No signs pertaining to smoking are required to be posted in
patient rooms.
(e) This section shall not apply to skilled nursing facilities,
intermediate care facilities, and intermediate care facilities for
the developmentally disabled.
SECTION 1. SEC. 2. Section
1286.5 1286 is added to the Health and Safety
Code, to read:
1286.5. 1286. (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 secondhand
smoke to hospital patients, staff, and visitors.
(b) Notwithstanding Section 1286, and except
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 forpurposes 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.
SEC. 3. Section 1290 of the Health and
Safety Code is amended to read:
1290. (a) Except as provided in subdivision (b) or (c)
, any person who violates this chapter or Section 127050 or
128600, or who willfully or repeatedly violates any rule or
regulation adopted under this chapter or Section 127050 or 128600 is
guilty of a misdemeanor and upon conviction thereof shall be punished
by a fine not to exceed one thousand dollars ($1,000) or by
imprisonment in the county jail for a period not to exceed 180 days,
or by both the fine and imprisonment.
(b) Any person who violates Section 1286 is guilty of an
infraction and shall be punished by a fine of not more than one
hundred dollars ($100).
(c)
(b) Any person who willfully or repeatedly violates
this chapter or Chapter 2.4 (commencing with Section 1417), excluding
Sections 1425 and 1432, or any rule or regulation adopted under this
chapter, relating to the operation or maintenance of a long-term
health care facility as defined in Section 1418, is guilty of a
misdemeanor and upon conviction thereof shall be punished by a fine
not to exceed two thousand five hundred dollars ($2,500) or by
imprisonment in the county jail for a period not to exceed 180 days,
or by both.
In determining the punishment to be imposed upon a conviction
under this subdivision, the court shall consider all relevant facts,
including, but not limited to, the following:
(1) Whether the violation exposed the patient to the risk of
death or serious physical harm.
(2) Whether the violation had a direct or immediate relationship
to the health, safety, or security of the patient.
(3) Evidence, if any, of willfulness.
(4) The number of repeated violations.
(5) The presence or absence of good faith efforts by the
defendant to prevent the violation.
(d)
(c) For the purposes of this section, "willfully" or
"willful" means the person doing an act or omitting to do an act
intends the act or omission, and knows the relevant circumstances
connected therewith.