STATE OF NEW YORK
________________________________________________________________________
4496
2017-2018 Regular Sessions
IN SENATE
February 16, 2017
___________
Introduced by Sen. CARLUCCI -- read twice and ordered printed, and when
printed to be committed to the Committee on Health
AN ACT to amend the public health law, in relation to banning smoking in
adult care facilities
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph n of subdivision 1 of section 1399-o of the
2 public health law, as amended by chapter 389 of the laws of 2011, is
3 amended to read as follows:
4 n. general hospitals and residential health care facilities as defined
5 in article twenty-eight of this chapter, adult care facilities estab-
6 lished or certified under title two of article seven of the social
7 services law, community mental health residences established under
8 section 41.44 of the mental hygiene law, facilities where day treatment
9 programs are provided, and other health care facilities licensed by the
10 state in which persons reside[; provided, however, that the provisions
11 of this subdivision shall not prohibit smoking by patients in separate
12 enclosed rooms of residential health care facilities, adult care facili-
13 ties established or certified under title two of article seven of the
14 social services law, community mental health residences established
15 under section 41.44 of the mental hygiene law, or facilities where day
16 treatment programs are provided, which are designated as smoking rooms
17 for patients of such facilities or programs];
18 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07826-01-7