What's happening
This bill bans smoking in adult care facilities and removes exemptions that allowed designated smoking rooms for patients.
Why it matters
Eliminates special allowances for smoking rooms. By removing exemptions that previously allowed designated smoking/vaping rooms in adult care and similar facilities, the bill enforces a stricter, facility-wide ban, closing a significant loophole.
Impacts residents’ daily life and autonomy. Residents who smoke will no longer have legally protected indoor spaces to do so, which may affect their routines, sense of independence, and, potentially, their mental well-being.
Strengthens health protections for vulnerable populations. The ban aims to reduce secondhand smoke exposure for non-smoking residents and staff, which is especially important in environments housing people with heightened health risks.
May require operational changes and enforcement. Facilities will need to update policies, communicate new rules to residents and staff, and enforce the ban, potentially facing resistance or requiring new support strategies for residents who smoke.
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Who cares
Headline styles
Ban Smoking in Adult Homes
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 38
No co-sponsors yet.
History
- Referred to health
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.536
- Referred to health
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Ban Smoking in Adult Homes
In Assembly Committee · Health · Sponsor Kenneth Zebrowski
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2873
2019-2020 Regular Sessions
IN SENATE
January 30, 2019
Introduced by Sen. CARLUCCI -- read twice and ordered printed, and when printed to be committed to the Committee on Health
AN ACT to amend the public health law, in relation to banning smoking in adult care facilities
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph n of subdivision 1 of section 1399-o of the public health law, as amended by chapter 335 of the laws of 2017, is amended to read as follows:
n. general hospitals and residential health care facilities as defined in article twenty-eight of this chapter, adult care facilities established or certified under title two of article seven of the social services law, community mental health residences established under section 41.44 of the mental hygiene law, facilities where day treatment programs are provided, and other health care facilities licensed by the state in which persons reside[; provided, however, that the provisions of this subdivision shall not prohibit smoking and vaping by patients in separate enclosed rooms of residential health care facilities, adult care facilities established or certified under title two of article seven of the social services law, community mental health residences established under section 41.44 of the mental hygiene law, or facilities where day treatment programs are provided, which are designated as smoking and vaping rooms for patients of such facilities or programs];
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06164-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the public health law, in relation to banning smoking in adult care facilities
Purpose or general idea of bill
This bill will prohibit smoking in adult care facilities.
Summary of specific provisions
Section 1 of this bill amends section 1399-o of the public health law as it relates to prohibiting the designation of an indoor smoking room in adult care and other health care facilities.
Section 2 relates to effective date.
Justification
Currently, residential health care facilities, adult care facilities, and community mental health residences are permitted to provide enclosed rooms designated as smoking rooms for patients. Unfortunately, it is nearly impossible to prevent the smoke and smell from spreading into the other smoke free rooms. The smoke travels through vents and walls into other room's creating an uncomfortable living situation for other patients and staff. This bill would eliminate smoking in adult care facilities, community mental health residences and residential health care facilities in order to protect the health of all patients. Patients would still be permitted to smoke outdoors on the grounds of these facilities.
Prior legislative history
2017-18: S4496/A5061 - RULES/health
Fiscal implications for state and local governments
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.