DAL: DAL NH 13-06 - Outdoor Smoking
October 8, 2013
DAL: DAL NH 13-06 - Outdoor Smoking
Dear Administrator:
On July 31, 2013, Governor Andrew M. Cuomo signed Chapter 179 of the Laws of 2013 amending Article 13-E of the Public Health Law (PHL), also known as the New York State Clean Indoor Air Act. Effective October 29, 2013, the legislation adds § 1399-o-(2)(b) to PHL which prohibits smoking outdoors on the grounds of general hospitals and residential health care facilities, including outdoor areas within 15 feet of the buildings' entrances or exits or within 15 feet from the entrances or exits to the grounds. A copy of the Chapter law is attached.
The legislation allows a residential health care facility to designate a separate outdoor area on the grounds (the area within the facility property lines) where smoking is permitted by patients, visitors and guests, provided that the designated area is not within 30 feet of any building structure (other than a non-residential structure wholly contained within the designated smoking area) including any overhang, canopy, awning, entrance, exit, window, intake or exhaust. Employees are not listed in this provision and may not smoke in any designated outdoor area on the grounds where smoking is permitted by patients, visitors and guests. Section 1399-o (1)(n) of the PHL remains unchanged and allows smoking indoors by patients in separate enclosed rooms of residential health care facilities.
Please update your facility's smoking policies to include reference to these outdoor areas and provide notice to your staff concerning these changes. "No Smoking" signs should be placed in the appropriate areas and individuals observed to be smoking in those areas should be asked to comply.
Maintaining a smoke-free environment is particularly important for health care facilities People suffering from illnesses and chronic diseases are often the most vulnerable to the harmful effects of secondhand smoke. By implementing this law you are helping to reduce illness, disability and death related to tobacco use and secondhand smoke exposure. A similar law was passed in New York City in 2009 with great success. Many other facilities around New York State have already implemented smoke free outdoor policies. We commend those efforts toward improving the health of those who work, visit and/or receive health care in New York.
Thank you for your commitment to creating a healthier environment for your patients, visitors and employees.
Sincerely,
Jackie Pappalardi, Director
Division of Nursing Homes and ICF/IID Surveillance
Center for Health Care Quality and Surveillance
