Clean Indoor Air Policy
Language – 1/12/05
Q: A state health department wants to know
whether other states have similar language in their clean
in door air laws? (see below sample language)
"Health care facility" means any office or institution
providing health care services, including a hospital, with
the exception of enclosed areas governed by the medical
staff bylaws and utilized for the treatment of diseases
of addiction; clinic; ambulatory surgery center; outpatient
care facility; nursing, basic or assisted living facility;
and laboratories. These services include hospital, medical,
surgical, dental, vision, chiropractic, and pharmaceutical
- Alabama: Section 4.(b) Smoking by patients
in a chemical dependency treatment program or mental health
program may be allowed in a separated well-ventilated area
pursuant to a policy established by the administrator of
the program that identifies circumstances in which prohibiting
smoking would interfere with the treatment of persons recovering
from chemical dependency or mental illness. Law is also
available on-line at adph.org, under content area tobacco,
policy tracking system and select Alabama Law.
- California: (10) Medical research or
treatment sites, if smoking is integral to the research
and treatment being conducted. (12) Patient smoking areas
in long-term health care facilities, as defined in Section
1418 of the Health and Safety Code. 1418. As used in this
(a) "Long-term health care facility" means any
facility licensed pursuant to Chapter 2 (commencing with
Section 1250) that is any of the following:
(1) Skilled nursing facility.
(2) Intermediate care facility.
(3) Intermediate care facility/developmentally
(4) Intermediate care facility/developmentally
(5) Intermediate care facility/developmentally
(6) Congregate living health facility.
(7) Nursing facility.
(b) "Long-term health care facility" also includes
a pediatric day health and respite care facility licensed
pursuant to Chapter 8.6(commencing with Section 1760).
(c) "Long-term health care facility" does not
include a general acute care hospital or an acute psychiatric
hospital, except for that distinct part of the hospital
that provides skilled nursing facility, intermediate care
facility, or pediatric day health and respite care facility
(d) "Licensee" means the holder of a license issued
under Chapter 2 (commencing with Section 1250) or Chapter
8.6 (commencing with Section 1760) for a long-term health
- New Jersey: There isn't specific language
but the law will allow smoking in a private room where all
patients agree on admission. They also allow smoking in
a private room where all patients agree on admission. They
also allow smoking in a waiting room if it is the only room.
Current practice is way past this in hospitals in terms
of smoking bans. The Commissioner is given the authority
to regulate healthcare facilities with regard to smoking
and has a ban in all buildings but not on the grounds.
- Rhode Island: Rhode Island Smoke-Free
Public Places and Workplaces Law
STATUTE: Public Health and Workplaces Safety
Act, Enacted 6/29/04-Statute will take effect on March 1,
2005. Please click here
to see law. Dept. of Health: Rules and Regulations Pertaining
to Smoke-free Public Places and Workplaces, Enacted Dec.
2004, The rules and regulations will take effect on March
1, 2005. Please click here
to see law.
- Washington: Washington State law (RCW70.160)
identifies "hospitals, nursing homes, health care facilities,
or clinics" as public places and therefore subject
to no smoking rules with the exception that designated smoking
areas may be permitted in the hallways of nursing homes.
- West Virginia: Most of West Virginia's
county health dept. regulations 49 of 55 counties have regulations,
which include the following language: "All patient
rooms, waiting rooms, examination rooms, and other areas
in health facilities, including,but not limited to hospitals,
clinics, pharmacies, physical therapy facilities, nursing
homes, doctors' offices, and dentists' offices."
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