HLS 12RS-523 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2012
HOUSE BILL NO. 80
BY REPRESENTATIVE TIM BURNS
HEALTH CARE/FACILITIES: Prohibits smoking in psychiatric facilities of DHH
AN ACT1
To amend and reenact R.S. 40:2115(C), relative to smoking in hospitals; to eliminate the2
requirement for accommodation of smoking by inpatients in psychiatric facilities of3
the Department of Health and Hospitals; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 40:2115(C) is hereby amended and reenacted to read as follows: 6
ยง2115. Smoking in hospitals; prohibition; exceptions7
* * *8
C. Notwithstanding the provisions of Subsection A of this Section, the9
governing board of the hospital may designate a well ventilated area for smokers.10
Additionally, the governing board of a private psychiatric hospital, and the11
Department of Public Safety and Corrections, and the department of Health and12
Hospitals shall establish rules and policies to reasonably accommodate inpatients and13
inmates who smoke.14
* * *15
Section 2. This Act shall become effective upon signature by the governor or, if not16
signed by the governor, upon expiration of the time for bills to become law without signature17
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If18
vetoed by the governor and subsequently approved by the legislature, this Act shall become19
effective on the day following such approval.20 HLS 12RS-523 ORIGINAL
HB NO. 80
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Tim Burns HB No. 80
Abstract: Prohibits smoking in psychiatric facilities of DHH.
Present law prohibits smoking, with certain exceptions, in enclosed areas of all licensed
hospitals.
Present law provides that the following entities shall establish rules and policies to
reasonably accommodate inpatients and inmates who smoke:
(1)The governing board of a psychiatric hospital.
(2)DSP&C.
(3)DHH.
Proposed law deletes DHH from the listing of entities required to accommodate inpatients
who smoke; provides that governing boards of psychiatric hospitals which are required to
accommodate inpatients who smoke shall be those of private facilities; and otherwise retains
present law.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 40:2115(C))