1997 Minnesota Statutes

     144.414 Prohibitions. 

    Subdivision 1.    Public places.  No person shall smoke 
 in a public place or at a public meeting except in designated 
 smoking areas.  This prohibition does not apply in cases in 
 which an entire room or hall is used for a private social 
 function and seating arrangements are under the control of the 
 sponsor of the function and not of the proprietor or person in 
 charge of the place.  Furthermore, this prohibition shall not 
 apply to factories, warehouses, and similar places of work not 
 usually frequented by the general public, except that the state 
 commissioner of health shall establish rules to restrict or 
 prohibit smoking in those places of work where the close 
 proximity of workers or the inadequacy of ventilation causes 
 smoke pollution detrimental to the health and comfort of 
 nonsmoking employees. 

    Subd. 2.    Day care premises.  Smoking is prohibited in 
 a day care center licensed under Minnesota Rules, parts 
 9503.0005 to 9503.0175, or in a family home or in a group family 
 day care provider home licensed under Minnesota Rules, parts 
 9502.0300 to 9502.0445, during its hours of operation. 

    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) Smoking by patients in a chemical dependency treatment 
 program or mental health program may be allowed in a separated 
 well-ventilated area pursuant to a policy established by the 
 administrator of the program that identifies circumstances in 
 which prohibiting smoking would interfere with the treatment of 
 persons recovering from chemical dependency or mental illness.  

    (c) 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. 

    HIST: 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