Act 373: No Smoking in DHH Psychiatric Hospitals, and Provide Help for Smokers

Article archive / July 1, 2012

Originally published: . Volume 3, No. 11. Source pages: 4.

The legislative digest states that this new law “Prohibits smoking in psychiatric facilities of the Dept. of Health and Hospitals (DHH). Present law prohibits smoking, with certain exceptions, in enclosed areas of all licensed hospitals. Present law provides that the following entities shall establish rules and policies to reasonably accommodate inpatients and inmates who smoke: (1) The governing board of a psychiatric hospital. (2) DPS&C. (3) DHH.” The “Proposed law deletes DHH from the listing of entities required to accommodate inpatients who smoke; provides that governing boards of psychiatric hospitals which are required to accommodate inpatients who smoke shall be those of private facilities; and otherwise retains present law.

“Proposed law requires DHH to establish procedures for treatment of smokers with mental illness in its psychiatric hospitals and forensic facilities which are smoke free. Requires DHH to implement such procedures for current patients and for new patients at the time of admission. Proposed law provides that in carrying out the provisions of proposed law relative to treatment of smokers in psychiatric hospitals and forensic facilities which are smoke free, DHH shall: (1) Screen the patient for smoking cessation needs. (2)Seek the consent of the patient to participate in education and treatment regarding smoking cessation. (3) 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. (4) 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,” among other directions regarding smoking cessation.


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