2009 North Carolina Code
Chapter 131E - Health Care Facilities and Services.
§ 131E-114.3. Smoking prohibited inside long-term care facilities; penalty.

§ 131E‑114.3.  Smoking prohibited inside long‑term care facilities; penalty.

(a)        Except to the extent otherwise provided by federal law, smoking is prohibited inside long‑term care facilities. As used in this section:

(1)        "Long‑term care facilities" include adult care homes, nursing homes, skilled nursing facilities, facilities licensed under Chapter 122C of the General Statutes, and other licensed facilities that provide long‑term care services.

(2)        "Smoking" means the use or possession of any lighted cigar, cigarette, pipe, or other lighted smoking product.

(3)        "Inside" means a fully enclosed area.

(b)        The person who owns, manages, operates, or otherwise controls a long‑term care facility where smoking is prohibited under this section shall:

(1)        Conspicuously post signs clearly stating that smoking is prohibited inside the facility. The signs may include the international "No Smoking" symbol, which consists of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it.

(2)        Direct any person who is smoking inside the facility to extinguish the lighted smoking product.

(3)        Provide written notice to individuals upon admittance that smoking is prohibited inside the facility and obtain the signature of the individual or the individual's representative acknowledging receipt of the notice.

(c)        The Department may impose an administrative penalty not to exceed two hundred dollars ($200.00) for each violation on any person who owns, manages, operates, or otherwise controls the long‑term care facility and fails to comply with subsection (b) of this section. A violation of this section constitutes a civil offense only and is not a crime. (2007‑459, s. 2.)