Bill S1987A-2013

Prohibits smoking on the grounds of general hospitals and residential health care facilities

Prohibits smoking on the grounds of general hospitals and residential health care facilities.



  • Jun 21, 2013: SUBSTITUTED BY A1115A
  • Jun 3, 2013: AMENDED ON THIRD READING 1987A
  • May 22, 2013: 2ND REPORT CAL.
  • May 21, 2013: 1ST REPORT CAL.662
  • Jan 9, 2013: REFERRED TO HEALTH




TITLE OF BILL: An act to amend the public health law, in relation to prohibiting smoking on hospital grounds and residential health care facilities

PURPOSE OR GENERAL IDEA OF BILL: To prohibit smoking on the campus grounds and within 15 feet of the property lines of hospitals and residential health care facilities.

SUMMARY OF SPECIFIC PROVISIONS: Section one of the bill amends Section 1399-o of the Public Health Law to prohibit smoking outdoors on the grounds of hospitals and residential health care facilities, including within 15 feet of a building entrance or exit or within 15 feet of the entrance to or exit from the grounds. However, residential health care facilities may allow patients or guests of patients to smoke outdoors in a separate area on the grounds designated as a smoking area by the facility.

Section two of the bill sets forth the effective date.

JUSTIFICATION: The facts are clear, secondhand smoke kills, Nationwide, it has been linked to over 46,000 deaths annually from heart disease and 3,600 deaths from lung cancer in nonsmokers. Additionally, secondhand smoke is responsible for lung infections and ear infections in children, as well as exacerbation of childhood asthma and hospitalizations related to al! of these maladies.

Health care facilities are the places we go to get treatment, heal and recover from serious health concerns. They should not be the place where our health concerns start or are worsened. No child leaving a hospital after suffering a life-threatening asthma attack should be forced to walk through a cloud of secondhand smoke, a known asthma trigger. Hospitals and other residential health care facilities are not only the places where the most vulnerable among us must go to heal, but they are also the places where the example of smoke-free positive health, practices should be conspicuous.

Smoking within these health care facilities is already prohibited under state law. The City of New York instituted a smoking ban within 15 feet of hospital grounds, entrances and exits in 2009. In addition to this, over 100 hospitals in New York State have already voluntarily instituted such smoking bans. This bill is necessary to extend the prohibition statewide, protecting those living, working and visiting in health care facilities from exposure to the life-threatening dangers of secondhand smoke.

PRIOR LEGISLATIVE HISTORY: 2012: A.10307 was referred to the Health Committee.


EFFECTIVE DATE: This act shall take effect on the ninetieth day after it shall have become law.


STATE OF NEW YORK ________________________________________________________________________ 1987--A Cal. No. 662 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
Introduced by Sens. MARTINS, AVELLA, FUSCHILLO, RANZENHOFER, RIVERA -- read twice and ordered printed, and when printed to be committed to the Committee on Health -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading AN ACT to amend the public health law, in relation to prohibiting smok- ing on hospital grounds and residential health care facilities THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 2 of section 1399-o of the public health law, as added by chapter 389 of the laws of 2011, is amended to read as follows: 2. Smoking shall not be permitted and no person shall smoke in the following outdoor areas: A. ticketing, boarding or platform areas of railroad stations operated by the metropolitan transportation authority or its subsidiaries. B. ON THE GROUNDS OF GENERAL HOSPITALS AND RESIDENTIAL HEALTH CARE FACILITIES AS DEFINED IN ARTICLE TWENTY-EIGHT OF THIS CHAPTER, WITHIN FIFTEEN FEET OF A BUILDING ENTRANCE OR EXIT OR WITHIN FIFTEEN FEET OF THE ENTRANCE TO OR EXIT FROM THE GROUNDS OF ANY SUCH GENERAL HOSPITAL OR RESIDENTIAL HEALTH CARE FACILITY. THIS SUBDIVISION SHALL NOT PROHIBIT SMOKING BY A PATIENT OR A VISITOR OR GUEST OF A PATIENT OF A RESIDENTIAL HEALTH CARE FACILITY IN A SEPARATE AREA ON THE GROUNDS DESIGNATED AS A SMOKING AREA BY THE RESIDENTIAL HEALTH CARE FACILITY, PROVIDED SUCH DESIGNATED SMOKING AREA IS NOT WITHIN THIRTY FEET OF ANY BUILDING STRUC- TURE (OTHER THAN A NON-RESIDENTIAL STRUCTURE WHOLLY CONTAINED WITHIN THE DESIGNATED SMOKING AREA), INCLUDING ANY OVERHANG, CANOPY, AWNING, ENTRANCE, EXIT, WINDOW, INTAKE OR EXHAUST. S 2. This act shall take effect on the ninetieth day after it shall have become a law.


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