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§ 24-205. Smoking in healthcare facilities

West's Annotated Code of MarylandHealth--GeneralEffective: October 1, 2015

West's Annotated Code of Maryland
Health--General
Title 24. Miscellaneous Provisions
Subtitle 2. Buildings and Commercial Establishments
Effective: October 1, 2015
MD Code, Health - General, § 24-205
§ 24-205. Smoking in healthcare facilities
Currentness
Smoking defined
(a) In this section, “smoking” means the act of smoking or carrying a burning:
(1) Cigar;
(2) Cigarette;
(3) Pipe; or
(4) Other tobacco product of any kind.
Plan to regulate tobacco products
(b) Every director of a nursing home, health clinic, or physician's office shall make and carry out a plan that adequately protects the health of nonsmoking patients by regulating the smoking of tobacco products on the premises.
Smoking prohibited
(c)(1) An individual may not smoke in any area of a hospital.
(2) The hospital director shall provide for the posting and placement of conspicuous signs that clearly indicate that smoking is not permitted in the hospital.
Application of section
(d)(1) Notwithstanding the provisions of § 24-504 of this title, this section does not apply to patients who are:
(i) In a facility for the treatment of mental disorders as defined in § 10-101(g) of this article;
(ii) In a facility where the average patient stay is more than 30 days; or
(iii) In an acute care hospital and the attending physician authorizes smoking, in writing, as part of the care for the patient.
(2) Smoking permitted under this section shall be in designated areas that are considered safe and provide nonsmoking patients, family members, and employees protection from tobacco smoke.
(3) Smoking may not be permitted where nonsmoking patients sleep.

Credits

Added as Health-Environmental § 11-205 by Acts 1982, c. 240, § 2, eff. July 1, 1982. Transferred to Health-General § 24-205 by Acts 1987, c. 306, § 2, eff. July 1, 1987. Amended by Acts 1989, c. 419, § 1, eff. Jan. 1, 1990; Acts 2007, c. 501, § 1, eff. Oct. 1, 2007; Acts 2007, c. 502, § 1, eff. Oct. 1, 2007; Acts 2015, c. 22, § 5.
Formerly Art. 43, § 54-I.
MD Code, Health - General, § 24-205, MD HEALTH GEN § 24-205
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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