senate Bill S1987A

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

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 09 / Jan / 2013
    • REFERRED TO HEALTH
  • 21 / May / 2013
    • 1ST REPORT CAL.662
  • 22 / May / 2013
    • 2ND REPORT CAL.
  • 23 / May / 2013
    • ADVANCED TO THIRD READING
  • 03 / Jun / 2013
    • AMENDED ON THIRD READING 1987A
  • 21 / Jun / 2013
    • SUBSTITUTED BY A1115A

Summary

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

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Bill Details

See Assembly Version of this Bill:
A1115A
Versions:
S1987
S1987A
Legislative Cycle:
2013-2014
Law Section:
Public Health Law
Laws Affected:
Amd ยง1399-o, Pub Health L
Versions Introduced in 2011-2012 Legislative Cycle:
S7527, A10307

Sponsor Memo

BILL NUMBER:S1987A

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.

FISCAL IMPLICATIONS: None.

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


view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1987--A
    Cal. No. 662

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
S                                                          LBD02673-05-3

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