ENROLLED
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
ACT No. 373
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
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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
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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
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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: