HF 1349

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to health; prohibiting tobacco use in certain 
  1.3             public institutions; amending Minnesota Statutes 2002, 
  1.4             section 144.414, subdivision 3; proposing coding for 
  1.5             new law in Minnesota Statutes, chapter 246. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 2002, section 144.414, 
  1.8   subdivision 3, is amended to read: 
  1.9      Subd. 3.  [HEALTH CARE FACILITIES AND CLINICS.] (a) Smoking 
  1.10  is prohibited in any area of a hospital, health care clinic, 
  1.11  doctor's office, or other health care-related facility, other 
  1.12  than a nursing home, boarding care facility, or licensed 
  1.13  residential facility, except as allowed in this subdivision.  
  1.14     (b) Smoking by patients in a chemical dependency treatment 
  1.15  program or mental health program may be allowed in a separated 
  1.16  well-ventilated area pursuant to a policy established by the 
  1.17  administrator of the program that identifies circumstances in 
  1.18  which prohibiting smoking would interfere with the treatment of 
  1.19  persons recovering from chemical dependency or mental illness.  
  1.20     (c) Smoking by participants in peer reviewed scientific 
  1.21  studies related to the health effects of smoking may be allowed 
  1.22  in a separated room ventilated at a rate of 60 cubic feet per 
  1.23  minute per person pursuant to a policy that is approved by the 
  1.24  commissioner and is established by the administrator of the 
  1.25  program to minimize exposure of nonsmokers to smoke.  
  2.1      Sec. 2.  [246.0141] [TOBACCO USE PROHIBITED.] 
  2.2      No patient, staff, guest, or visitor on the grounds or in a 
  2.3   state regional treatment center, the Minnesota security 
  2.4   hospital, the Minnesota sex offender program, or the Minnesota 
  2.5   extended treatment options program may possess or use tobacco or 
  2.6   a tobacco related device.  For the purposes of this section, 
  2.7   "tobacco" and "tobacco related device" have the meanings given 
  2.8   in section 609.685, subdivision 1.  This section does not 
  2.9   prohibit the possession or use of tobacco or a tobacco related 
  2.10  device by an adult as part of a traditional Indian spiritual or 
  2.11  cultural ceremony.  For purposes of this section, an Indian is a 
  2.12  person who is a member of an Indian tribe as defined in section 
  2.13  260.755, subdivision 12. 
  2.14     Sec. 3.  [EFFECTIVE DATE.] 
  2.15     Sections 1 and 2 are effective January 1, 2004.