Subdivision 1. Public places, places of employment, public transportation, and public
Smoking shall not be permitted in and no person shall smoke in a public place, at a
public meeting, in a place of employment, or in public transportation, except as provided in this
section or section
Subd. 2. Day care premises.
Smoking is prohibited in a day care center licensed under
Minnesota Rules, parts 9503.0005
, or in a family home or in a group family day care
provider home licensed under Minnesota Rules, parts 9502.0300
, during its hours
of operation. The proprietor of a family home or group family day care provider must disclose
to parents or guardians of children cared for on the premises if the proprietor permits smoking
outside of its hours of operation. Disclosure must include posting on the premises a conspicuous
written notice and orally informing parents or guardians.
Subd. 3. Health care facilities and clinics.
(a) Smoking is prohibited in any area of a
hospital, health care clinic, doctor's office, licensed residential facility for children, or other health
care-related facility, except that a patient or resident in a nursing home, boarding care facility,
or licensed residential facility for adults may smoke in a designated separate, enclosed room
maintained in accordance with applicable state and federal laws.
(b) Except as provided in section
, smoking by patients in a locked psychiatric unit
may be allowed in a separated well-ventilated area in the unit under a policy established by the
administrator of the program that allows the treating physician to approve smoking if, in the
opinion of the treating physician, the benefits to be gained in obtaining patient cooperation with
treatment outweigh the negative impacts of smoking.
Subd. 4. Public transportation vehicles.
Smoking is prohibited in public transportation
vehicles except that the driver of a public transportation vehicle may smoke when the vehicle is
being used for personal use. For purposes of this subdivision, "personal use" means that the public
transportation vehicle is being used by the driver for private purposes and no for-hire passengers
are present. If a driver smokes under this subdivision, the driver must post a conspicuous sign
inside the vehicle to inform passengers.
History: 1975 c 211 s 4; 1977 c 305 s 45; 1984 c 654 art 2 s 113; 1987 c 399 s 2; 1992 c 576
s 2; 1993 c 14 s 1; 1995 c 165 s 2; 1999 c 245 art 2 s 25; 1Sp2003 c 14 art 7 s 41; 2007 c 82 s 8