senate Bill S7527

2011-2012 Legislative Session

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

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 11, 2012 reported and committed to rules
May 31, 2012 referred to health

Votes

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Jun 11, 2012 - Health committee Vote

S7527
14
1
committee
14
Aye
1
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
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Health Committee Vote: Jun 11, 2012

nay (1)
aye wr (2)

S7527 - Bill Details

See Assembly Version of this Bill:
A10307
Current Committee:
Law Section:
Public Health Law
Laws Affected:
Amd ยง1399-o, Pub Health L

S7527 - Bill Texts

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

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BILL NUMBER:S7527

TITLE OF BILL:
An act to amend the public health law, in relation to prohibiting smok-
ing 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. Hospi-
tals and other residential health care facilities are not only the plac-
es 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.

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

                                  7527

                            I N  S E N A T E

                              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

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