HF 2135

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to health; permitting tobacco use in certain
health care settings; amending Minnesota Statutes
2004, section 144.414, subdivision 3.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2004, section 144.414,
subdivision 3, is amended to read:

Subd. 3.

Health care facilities and clinics.

(a) Smoking
is prohibited in any area of a hospital, health care clinic,
doctor's office, or other health care-related facility, other
than a nursing home, boarding care facility, or licensed
residential facility, except as allowed in this subdivision.

(b) new text begin Notwithstanding sections 144.413 to 144.417 or section
246.0141, smoking by a patient in a chemical dependency
treatment program or mental health program may be allowed in a
separated well-ventilated area or outdoors if it is determined
by the treatment team that prohibiting smoking would interfere
with the treatment of the patient. The determination must be
made on a case-by-case basis, subject to review by the on-site
chief administrator of the program.
new text end

new text begin (c) new text end Smoking by participants in peer reviewed scientific
studies related to the health effects of smoking may be allowed
in a separated room ventilated at a rate of 60 cubic feet per
minute per person pursuant to a policy that is approved by the
commissioner and is established by the administrator of the
program to minimize exposure of nonsmokers to smoke.

Sec. 2. new text begin EFFECTIVE DATE.
new text end

new text begin Section 1 is effective the day following final enactment.
new text end