SENATE
HOUSE
JOINT
BILL STATUS
STATE LAW
REPORTS
EDUCATIONAL
CONTACT
home
home
Introduced Version Senate Bill 591 History

   |  Email
Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 591

(By Senators Prezioso, Stollings, Jenkins, Kessler, Deem and Foster)

____________

[Introduced February 6, 2008; referred to the Committee on Health and Human Resources; and then to the Committee on Finance.]

____________




A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-9G-1, §16-9G-2, §16-9G-3, §16-9G-4, §16-9G-5 and §16-9G-6, all relating to requiring smoke-free medical facilities by imposing a smoking ban at medical facilities; setting forth limited exceptions to the ban; imposing posting and enforcement requirements; and imposing penalties for violations.

Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new article, designated §16-9G-1, §16-9G-2, §16-9G-3, §16-9G-4, §16-9G-5 and §16-9G-6, all to read as follows:
ARTICLE 9G. SMOKE-FREE MEDICAL FACILITIES.
§16-9G-1. Legislative Findings.

The West Virginia Legislature hereby determines and finds that:
(1) As health care providers, improving the health of patients and the community is central to the mission of every hospital;
(2) Direct smoking of tobacco and indirect smoking of tobacco through inhaling the smoke of those who are smoking nearby are major causes of preventable diseases and death; and
(3) Prohibiting tobacco use in medical facilities will decrease the use of tobacco and exposure to harm from tobacco.
§16-9G-2. Definitions.
For purposes of this article:
(a) "Grounds" means the buildings in and on which medical facilities operate, together with all property owned by a medical facility that is contiguous to the buildings in which medical services are provided;
(b) "Medical facilities" means any of the following health care facilities required to obtain a license under article five-b, chapter sixteen of this code: Ambulatory health care facility, ambulatory surgical facility, freestanding or operated in connection with a hospital, hospital, including both inpatient and outpatient services, and including any and all medical school programs, services or facilities operated in connection with a hospital, or extended care facility operated in connection with a hospital;
(c) "Smoking" or "smoke" means the carrying by a person of a lighted cigar, cigarette, pipe or other lighted smoking device;
(d) "Tobacco" means cigars, cigarettes, pipes or other tobacco-smoking devices.
§16-9G-3. Prohibition of smoking at medical facilities.
(a) Smoking of tobacco is prohibited in and on the grounds of all medical facilities.
(b) Each medical facility shall request any person who violates subsection (a) of this section to immediately desist. If the violation continues, the medical facility may report the violation to the appropriate law-enforcement agency.
§16-9G-4. Exception.
(a) If a treating physician determines that an inpatient's treatment will be substantially impaired by the denial to that patient of the use of tobacco, the physician may enter a written order permitting the use of tobacco by that patient.
(b) Any order issued pursuant to subsection (a) of this section shall be consistent with:
(1) The medical facility's medical staff bylaws;
(2) Hospital regulations; and
(3) Local ordinances.
§16-9G-5. Penalty.
Any person violating subsection (a) of section three of this article is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than fifty nor more than five hundred dollars for each separate offense.
§16-9G-6. Notice at medical facilities.
(a) Each medical facility shall post conspicuous signs in prominent places in its facilities and on its property to provide notice of the prohibition of smoking imposed by this article.
(b) Notices shall be written in English and Spanish. For a person who cannot read the signs, the prohibition of smoking in a medical facility and on its grounds shall be given verbally in the appropriate language before any enforcement of the prohibition against the violator.
(c) The Department of Health and Human Resources may treat a violation of this section as a deficiency to be assessed against the medical facility.

NOTE: This bill provides that medical facilities shall be free of tobacco smoke and imposes posting requirements upon the medical facilities. Additionally, it sets forth penalties.

This article is new, therefore Strike-throughs and underscoring have been omitted.
This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.  |  Terms of Use  |   Email WebmasterWebmaster   |   © 2024 West Virginia Legislature **


X

Print On Demand

Name:
Email:
Phone:

Print