STATE OF NEW YORK
________________________________________________________________________
2873
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.
LBD06164-01-9
