Senate Bill No. 312
(By Senators Foster and Kessler)
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[Introduced February 20, 2009; referred to the
Committee on Health and Human Resources; and then to the
Committee on Finance.]
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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, 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 $50 nor more than $500 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.