HB536: relative to smoking in and around health care facilities.

HB 536 – AS INTRODUCED

2009 SESSION

09-0313

01/03

HOUSE BILL 536

AN ACT relative to smoking in and around health care facilities.

SPONSORS: Rep. Schulze, Hills 26; Rep. Pilliod, Belk 5; Rep. French, Merr 5; Rep. Kepner, Rock 15; Rep. Emerson, Ches 7

COMMITTEE: Health, Human Services and Elderly Affairs

ANALYSIS

This bill clarifies that smoking is prohibited in health care facilities, including assisted living facilities, and 50 feet around the perimeter of such facilities. The bill repeals provisions allowing smoking in resident rooms of certain health care facilities and detention facilities and in enclosed places in health care facilities.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

09-0313

01/03

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Nine

AN ACT relative to smoking in and around health care facilities.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Smoking Prohibited. Amend RSA 155:66, I(b) to read as follows:

(b) Hospitals and other acute care facilities, including health care facilities and assisted living facilities.

2 New Subdivision; Smoking Prohibited Around Perimeter of Health Care Facilities. Amend RSA 155 by inserting after section 78 the following new subdivision:

Smoking Prohibited Around Perimeter of Health Care Facilities

155:79 Smoking Prohibited Around Perimeter of health Care Facilities.

I. Smoking is prohibited 50 feet around the perimeter of any health care facility.

II. Signs shall be posted outside of such facilities clearly stating that smoking is prohibited.

III. In addition to any other appropriate remedies under this chapter, any natural person who violates paragraph I of this section shall be subject to an administrative fine of not more than $250 per day for each offense and a nonnatural person shall be subject to an administrative fine of $500 per day for failure to enforce this subdivision.

3 Rulemaking; Reference Deletions. Amend RSA 155:71, I to read as follows:

I. Criteria for smoking-permitted areas in a manner that effectively segregates areas, in accordance with RSA 155:65, V, where smoking may be permitted in the facilities under RSA 155:67, V, and VI[, VII, and X].

4 Repeal. The following are repealed:

I. RSA 155:67, VII, relative to an exemption to allow smoking in resident rooms in facilities such as nursing homes.

II. RSA 155:67, X, relative to an exemption to allow smoking in certain health care facilities.

5 Effective Date. This act shall take effect January 1, 2010.