Prohibits smoking on the grounds of general hospitals and residential health care facilities.
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: The purpose of this bill is to prohibit smoking on the campus grounds and within fifteen feet of the property lines of general hospitals, residential health care facilities and other health care facilities licensed by the state in which persons reside.
SUMMARY OF SPECIFIC PROVISIONS: Section one of the bill amends public health law section 1399-0 to add a new paragraph b to subsection 2 of that section prohibiting smoking in outdoor areas of hospital grounds, and within fifteen feet of such grounds or entrance or exit of such facilities. This section also amends subsection 2 of such section to include paragraphs "a" and "b".
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 all 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: This is a new bill.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect on the ninetieth day after it shall have become law.
STATE OF NEW YORK ________________________________________________________________________ 7527 IN SENATE May 31, 2012 ___________Introduced by Sen. MARTINS -- read twice and ordered printed, and when printed to be committed to the Committee on Health 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, AND OTHER HEALTH CARE FACILITIES LICENSED BY THE STATE IN WHICH PERSONS RESIDE, 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, RESIDENTIAL HEALTH CARE FACILITY OR OTHER HEALTH CARE FACILITY LICENSED BY THE STATE IN WHICH PERSONS RESIDE. S 2. This act shall take effect on the ninetieth day after it shall have become a law.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15899-01-2