Bill Text: CA AB574 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Health facilities: smoking.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2010-01-14 - Consideration of Governor's veto stricken from file. [AB574 Detail]

Download: California-2009-AB574-Amended.html

---

BILL NUMBER: AB 574	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 13, 2009

INTRODUCED BY   Assembly Member Hill

                        FEBRUARY 25, 2009

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 574, 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  a
  specified  health  facility 
 facilities,   including general acute care hospitals
 . A violation of these provisions is an infraction.
   This bill would  authorize the department to establish a
program with the goal of reducing the associated risks from tobacco
smoke for hospital patients, staff, and visitors, and to encourage
and assist these persons to quit smoking   prohibit
smoking in all areas of 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 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) Notwithstanding Section 1286, 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.
   (b) A general acute care hospital subject to subdivision (a) 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 this policy during orientation and
current employees shall be informed of the policy at least 60 days
prior to implementation.
   (c) A general acute care hospital may provide interested patients,
visitors, and staff with information on, or refer them to, smoking
cessation services.
   (d) 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.
   (e) 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 and that is used for nonhealth care-related purposes.
   (f) This section shall not be subject to the provisions of Section
1290.
   (g) It is the intent of this section to encourage and assist
smokers to quit tobacco use and to reduce the associated risks of
tobacco smoke to hospital patients, staff, and visitors. 

  SECTION 1.    Section 1286.5 is added to the
Health and Safety Code, to read:
   1286.5.  The department may establish a program with the goal of
reducing the associated risks from tobacco smoke for hospital
patients, staff, and visitors, and to encourage and assist these
persons to quit smoking.