WILLIAM DONALD SCHAEFER, Governor                    Ch. 419

(A)   IN THIS SECTION "SMOKING" MEANS THE ACT OF SMOKING OR
CARRYING A BURNING:

(1)  CIGAR;

(2)  CIGARETTE;

(3)  PIPE; OR

(4)  OTHER TOBACCO PRODUCT OF ANY KIND.

(B)  Every Director of a [hospital,] nursing home, health
clinic, or physician's office shall make and carry out a plan
that adequately protects the health of nonsmoking patients by
regulating the smoking of tobacco products on the premises.

(C)  (1) AN INDIVIDUAL MAY NOT SMOKE IN ANY AREA OF A
HOSPITAL.

(2) THE HOSPITAL DIRECTOR SHALL PROVIDE FOR THE
POSTING AND PLACEMENT OF CONSPICUOUS SIGNS THAT CLEARLY INDICATE
THAT SMOKING IS NOT PERMITTED IN THE HOSPITAL.

(D)  AN INDIVIDUAL WHO VIOLATES SUBSECTION (C) OF THIS
SECTION IS SUBJECT TO:

(1) A CIVIL PENALTY OF $25; AND

(2) EXPULSION FROM THE HOSPITAL BY THE HOSPITAL
DIRECTOR OR THE HOSPITAL DIRECTOR'S AGENT.

(E) (1) THIS SECTION DOES NOT APPLY TO A FACILITY FOR THE
TREATMENT OF MENTAL DISORDERS AS DEFINED IN § 12-101(E) AND (F)
OF THIS ARTICLE. PATIENTS WHO ARE;

(I)   IN A FACILITY FOR THE TREATMENT OF MENTAL
DISORDERS AS DEFINED IN § 10-101(E) OF THIS ARTICLE;

(II)   IN A FACILITY WHERE THE AVERAGE PATIENT
STAY IS MORE THAN 30 DAYS; OR

(III)   IN AN ACUTE CARE HOSPITAL AND THE
ATTENDING PHYSICIAN AUTHORIZES SMOKING, IN WRITING, AS PART OF
THE CARE FOR THE PATIENT.

(2)  SMOKING PERMITTED UNDER THIS SECTION SHALL BE IN
DESIGNATED AREAS THAT ARE CONSIDERED SAFE AND PROVIDE NONSMOKING
PATIENTS, FAMILY MEMBERS, AND EMPLOYEES PROTECTION FROM TOBACCO
SMOKE.

(3)  SMOKING MAY NOT BE PERMITTED WHERE NONSMOKING
PATIENTS SLEEP.

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