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S02873 Summary:

Amd §1399-o, Pub Health L
Bans smoking in adult care facilities.
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S02873 Text:

                STATE OF NEW YORK
                               2019-2020 Regular Sessions
                    IN SENATE
                                    January 30, 2019
        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 335 of the  laws  of  2017,  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 and vaping by patients in
    12  separate  enclosed  rooms  of  residential health care facilities, adult
    13  care facilities established or certified  under  title  two  of  article
    14  seven  of  the  social  services law, community mental health residences
    15  established under section 41.44 of the mental hygiene law, or facilities
    16  where day treatment programs are provided, which are designated as smok-
    17  ing and vaping rooms 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.
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