SENATE BILL REPORT

ESHB 1941

BYHouse Committee on Environmental Affairs (originally sponsored by Representatives Sprenkle, Prentice, Leonard, Rust, Morris, Wolfe and Ferguson)

Prohibiting use of tobacco products in health care facilities.

House Committe on Environmental Affairs

Senate Committee on Health & Long-Term Care

Senate Hearing Date(s):February 14, 1990; February 20, 1990

Majority Report:  Do pass as amended.

      Signed by Senators West, Chairman; Smith, Vice Chairman; Johnson, Niemi, Wojahn.

Senate Staff:Greg Miller (786-7784)

                  February 21, 1990

AS REPORTED BY COMMITTEE ON HEALTH & LONG-TERM CARE, FEBRUARY 20, 1990

BACKGROUND:

In 1985 the Legislature enacted the Washington Clean Indoor Air Act (act) which prohibits smoking in public places, including health care facilities and nursing homes, except in designated areas.  Under the act, smoking areas may not be designated in hallways of health care facilities (excluding nursing homes) unless the smoking areas are physically separated from nonsmoking areas.  Violations are subject to a civil penalty of up to $100. Local law enforcement agencies enforce the prohibition against smoking in nondesignated areas.

Owners of health care facilities are required to post signs designating smoking and nonsmoking areas.  Local fire departments are responsible for enforcing the act as it relates to the duties of owners of health care facilities.  Violations are subject to a civil penalty of up to $200.

SUMMARY:

Smoking or chewing tobacco in a health care facility or office of licensed health care providers and children's day-care centers is prohibited.  Health care facilities included in the prohibition are places of business for:  acupuncturists, chiropractors, dentists, maternity homes, midwives, optometrists, osteopaths, occupational therapists, pharmacists, emergency medical technicians, physical therapists, practical and registered nurses, psychologists, and massage operators.

Residents of nursing homes and patients in hospitals are excluded from the prohibition provided that nursing home or hospital administrators and physicians allow smoking in the resident's or patient's room or in a designated smoking area.  Employees of covered facilities are also excluded from the prohibition if smoking is allowed in a separate, enclosed smoking room.

Violations of the act are punishable by warning tickets for the first six months after the effective date of this act.  Violations after that date are subject to a $100 civil penalty.  Local health departments will enforce the act regarding the duties of owners of covered facilities.

Appropriation:    none

Revenue:    none

Fiscal Note:      requested February 9, 1990

SUMMARY OF PROPOSED SENATE AMENDMENT:

The proposed striking amendment exempts family home-based day-care centers from the smoking prohibition when day-care services are not provided or in separate enclosed parts of the home.  It also exempts family home-based day-care centers from sign posting requirements of RCW 70.160.050.

General terms for health care facilities are replaced with a specification of licensed health care facilities where smoking is prohibited.  Other redundant terms are eliminated and titles that have changed are corrected.  RCW 28A.31.170 is amended to permit smoking on school property used or leased by other entities and which is not used for school purposes or activities at any time.

Senate Committee - Testified: Bill Fritz, Tobacco Institute (con); Simon Turner, Healthy Buildings International (con); Stu Halsan, Tobacco Institute (con); Mariko Kakiuchi, American Health Association (pro); Paul Lovgren, Fresh Air for Nonsmokers (pro); Dave Broderick, Hospital Association; Maribeth Connor, Group Health (pro); Gordon R. Klatt, Tobacco Addiction Coordinating Council (pro); Mike Ryherd, TACC (pro); Len Eddinger, WSMA (pro); Kathleen Durkan, Phillip Morris (con)