Regulation and Rulemaking
Rulemaking Authority
Lessons from the Field
Case Study
Athletic Facilities
Buffer Zones
Cigar Bars
Day Care
Duties of Proprietors
Employee (defined)
Enclosed (defined)
Gaming Facilities
Governmental Cooperation (Comity)
Health Care Facilities
Native American Ritual Tobacco Use
Non-Preemption Clause
Outdoor Areas
Patios and Other Outdoor Seating
Place of Employment
Private Clubs
Retail Tobacco Stores
Rulemaking Authority
Smoking (defined)
Health Benefits
Economic Impact
Legal Issues
Timeline
Checklist
Templates
Developing Smokefree Implementation Regulations
Home
Introduction to Smokefree Rulemaking
Implementation Language
Background for Lawyers
Timeline and Tools
About Us
Quicklinks
Terms
Links
Contact Us
Lessons from the Field
 

In early 2008, Developing Smokefree Implementation Regulations conducted a series of interviews with public health professionals and experts at the national, state, and local levels. The purpose of these interviews was to identify best practices in the field for developing implementation regulations as well as priorities for tools and technical assistance. The following are some key findings from those interviews:

  • Health departments and the public health community should begin implementation planning, including initiating the rulemaking process, as soon as possible following the passage of a smokefree law. If possible, implementation planning should begin even before a law is passed. First steps include contacting the health department’s legal staff to identify the state’s legal requirements for rulemaking. Ideally, the health department should be consulted during the legislative drafting stage to ensure that, to the greatest extent possible, effective implementation language is included in a smokefree law itself.
     
  • Although the health department is usually responsible for smokefree implementation, it is important to engage other stakeholders in the planning process at an early stage. These may include enforcement agencies, licensing and inspection agencies (e.g., fire departments, alcohol control agencies, and assisted living inspection agencies), quitline and cessation staff, local health departments, state and local tobacco control coalitions, voluntary health agencies, and other tobacco control and public health advocates.
     
  • Health departments should move quickly to build grassroots support for implementation rulemaking by reaching out to and educating state and local tobacco control coalitions, nonsmokers’ rights organizations, voluntary health agencies, health department contractors, business organizations, local health departments, local officials, and other health advocates.
     
  • Implementation and rulemaking require expertise in tobacco control, legislative drafting, and law. Because it is rare for a single person or staff position to combine all of these skills, health departments should take advantage of available technical assistance opportunities.