§ 40:2115 — Smoking in hospitals; prohibition; exceptions

Louisiana § 40:2115

• Jurisdiction: Louisiana
• Title 40: Public Health and Safety

Text

§2115. Smoking in hospitals; prohibition; exceptions
A. Except as provided herein, smoking shall be prohibited in enclosed areas of all
hospitals licensed pursuant to this Part. However, smoking may, at the discretion of the
governing board of the hospital, be permitted in patient rooms, but only:
(1) Upon the order of the patient's primary treating physician.
(2) With the consent of all patients in the room, if any.
(3) In accordance with all standards established by the Joint Commission on
Accreditation of Health Care Organizations and all applicable state and federal regulations.
B. For purposes of this Section, "enclosed area" shall be determined by the governing
board of the hospital but shall include, at a minimum, all areas of the building that are air
conditioned or heated.
C.(1) Notwithstanding the provisions of Subsection A of this Section, the governing
board of the hospital may designate a well-ventilated area for smokers. Additionally, the
governing board of a private psychiatric hospital and the Department of Public Safety and
Corrections shall establish rules and policies to reasonably accommodate inpatients and
inmates who smoke.
(2)(a) The Louisiana Department of Health shall establish procedures for treatment
of smokers with mental illness in its psychiatric hospitals and forensic facilities which are
smoke free. The department shall implement such procedures for patients currently being
treated in its psychiatric hospitals and forensic facilities which are smoke free and for new
patients at the time of admission.
(b) In carrying out the provisions of this Paragraph, the department shall do all of the
following:
(i) Screen the patient for smoking cessation needs.
(ii) Seek the consent of the patient to participate in education and treatment regarding
smoking cessation.
(iii) Train psychiatric hospital staff of the department in smoking cessation best
practices and monitoring of the patient's treatment plan, symptoms, and medication
adjustments. Psychiatric hospital staff so trained may include tobacco cessation in the
patient's treatment plan after a review of the patient's diagnosis and medication history.
(iv) Provide patients in department psychiatric hospitals and forensic facilities with
access to smoking cessation assistance, including but not limited to counseling, nicotine
replacement therapy, and oral medications.
(v) Provide patients in department psychiatric hospitals and forensic facilities with
access to smokeless tobacco cessation assistance.
(vi) Provide information about smoking cessation in discharge planning, including
information about smoking cessation resources in the community.
D.(1) Any person who, in violation of this Section, smokes in an area that has not
been designated as an area for smokers may be issued a summons by a law enforcement
officer. The summons shall be returned to the court having jurisdiction over misdemeanors
in the parish or municipality of the domicile of the hospital.
(2) Any violation of this Subsection shall be punishable by a fine not to exceed five
hundred dollars or community service not to exceed ten days, or both.

Legislative History

Acts 1992, No. 1005, §1; Acts 2001, No. 977, §1; Acts 2012, No. 373, §1, eff. May 31, 2012.