ENROLLED Page 1 of 2 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 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; to establish procedures for treatment of4 smokers with mental illness in such facilities; and to provide for related matters.5 Be it enacted by the Legislature of Louisiana:6 Section 1. R.S. 40:2115(C) is hereby amended and reenacted to read as follows: 7 ยง2115. Smoking in hospitals; prohibition; exceptions8 * * *9 C.(1) Notwithstanding the provisions of Subsection A of this Section, the10 governing board of the hospital may designate a well ventilated well-ventilated area11 for smokers. Additionally, the governing board of a private psychiatric hospital, and12 the Department of Public Safety and Corrections, and the department of Health and13 Hospitals shall establish rules and policies to reasonably accommodate inpatients and14 inmates who smoke.15 (2)(a) The Department of Health and Hospitals shall establish procedures for16 treatment of smokers with mental illness in its psychiatric hospitals and forensic17 facilities which are smoke free. The department shall implement such procedures18 for patients currently being treated in its psychiatric hospitals and forensic facilities19 which are smoke free and for new patients at the time of admission.20 (b) In carrying out the provisions of this Paragraph, the department shall do21 all of the following:22 (i) Screen the patient for smoking cessation needs.23 (ii) Seek the consent of the patient to participate in education and treatment24 regarding smoking cessation.25 ENROLLEDHB NO. 80 Page 2 of 2 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (iii) Train psychiatric hospital staff of the department in smoking cessation1 best practices and monitoring of the patient's treatment plan, symptoms, and2 medication adjustments. Psychiatric hospital staff so trained may include tobacco3 cessation in the patient's treatment plan after a review of the patient's diagnosis and4 medication history.5 (iv) Provide patients in department psychiatric hospitals and forensic6 facilities with access to smoking cessation assistance, including but not limited to7 counseling, nicotine replacement therapy, and oral medications.8 (v) Provide patients in department psychiatric hospitals and forensic9 facilities with access to smokeless tobacco cessation assistance.10 (vi) Provide information about smoking cessation in discharge planning,11 including information about smoking cessation resources in the community.12 * * *13 Section 2. This Act shall become effective upon signature by the governor or, if not14 signed by the governor, upon expiration of the time for bills to become law without signature15 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If16 vetoed by the governor and subsequently approved by the legislature, this Act shall become17 effective on the day following such approval.18 SPEAKER OF THE HOUSE OF REPRESENTATI VES PRESIDENT OF THE SENATE GOVERNOR OF THE STATE OF LOUISIANA APPROVED: