HOUSE BILL REPORT

SHB 264

BYHouse Committee on Environmental Affairs (originally sponsored by Representatives Sprenkle, May, D. Sommers, Ferguson, Valle, Lux, Allen, Rust, Walker, Brekke, Moyer, Brooks, Bumgarner, Dellwo, Brough, and Winsley)

Prohibiting use of tobacco products in health care facilities.

House Committe on Environmental Affairs

Majority Report:     The substitute bill be substituted therefor and the substitute bill do pass.  (12)

     Signed by Representatives Rust, Chair; Valle, Vice Chair; Allen, Brekke, Jesernig, Lux, Pruitt, Schoon, D. Sommers, Sprenkle, Unsoeld and Walker.

House Staff:Bonnie Austin (786-7107)

AS PASSED HOUSE JANUARY 15, 1988

BACKGROUND:

In 1985 the legislature enacted the Washington Clean Indoor Air Act which prohibits smoking in public places, except in designated areas.  Under the Act, smoking areas may not be designated in hallways and waiting rooms of health care facilities (except nursing homes) if the designated smoking areas are not physically separated from nonsmoking areas.

Local law enforcement agencies and local fire departments are responsible for enforcing the act as it relates to health care facilities.  Violations are enforced by citations under the traffic infraction procedures and are punishable by a civil penalty of up to $100.

SUMMARY:

No person may smoke or chew tobacco in a health care facility or office, laboratory, clinic, hospital, children's day care facility, or nursing home licensed by the state.  Some of the health care facilities included in the prohibition are places of business for: acupuncturists, chiropractors, dentists, dental hygienists, maternity homes, midwives, optometrists, osteopaths, occupational therapists, pharmacists, emergency medical technicians, physical therapists, practical and registered nurses, psychologists, veterinarians, and massage operators.

Residents of nursing homes and patients in hospitals are excluded from this prohibition to the extent that nursing home or hospital administrators and physicians allow smoking in the resident's or patient's room or in a designated smoking area.

Intentional violations of this act are subject to the enforcement provisions of the Clean Indoor Air Act.  Warning provisions of the Clean Indoor Air Act are deleted and violations are subject to a penalty of up to $100.  Warning tickets are to be issued for the first six months after the effective date of this act for violations of this act.  Local health departments shall enforce the act regarding the duties of owners of health care facilities.

Fiscal Note:    Requested January 28, 1987.

House Committee ‑ Testified For:     Mike Ryherd, Washington State Medical Association; Van Moore, Washington Health Care Association; Janet Chalupnik, American Lung Association of Washington.

House Committee - Testified Against: Bill Fritz, Tobacco Institute; Susan Johnson, SEIU.

House Committee - Testimony For:     Patients in health care facilities are the population most sensitive to the negative health effects of secondary smoke and expectorant from chewing tobacco.  Some hospitals already have no smoking policies and they are effective in protecting this sensitive population.

House Committee - Testimony Against: Tobacco is a legal product and this bill infringes on an individual's right to smoke.  This bill fails to recognize a union role in negotiating over smoking policies in health care facilities.