1.1 	A bill for an act
1.2 	relating to health; removing an exception to the smoking ban for patients in a 
1.3 	locked psychiatric unit;amending Minnesota Statutes 2007 Supplement, section 
1.4 	144.414, subdivision 3.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. Minnesota Statutes 2007 Supplement, section 144.414, subdivision 3, 
1.7 	is amended to read:
1.8 		Subd. 3.Health care facilities and clinics. (a) Smoking is prohibited in any area 
1.9 	of a hospital, health care clinic, doctor's office, licensed residential facility for children, 
1.10 	or other health care-related facility,  except that a patient or resident in a nursing home, 
1.11 	boarding care facility, or licensed residential facility for adults may smoke in a designated 
1.12 	separate, enclosed room maintained in accordance with applicable state and federal laws.
1.13 	(b)  Except as provided in section 246.0141, smoking by patients in a locked 
1.14 	psychiatric unit may be allowed in a separated well-ventilated area in the unit under a 
1.15 	policy established by the administrator of the program that allows the treating physician to 
1.16 	approve smoking if, in the opinion of the treating physician, the benefits to be gained in 
1.17 	obtaining patient cooperation with treatment outweigh the negative impacts of smoking.