2011 Louisiana Laws
Revised Statutes
TITLE 40 — Public health and safety
RS 40:2115 — Smoking in hospitals; prohibition; exceptions

§2115. Smoking in hospitals; prohibition; exceptions

A. Except as provided herein, smoking shall be prohibited in enclosed areas of all hospitals licensed pursuant to this Part. However, smoking may, at the discretion of the governing board of the hospital, be permitted in patient rooms, but only:

(1) Upon the order of the patient's primary treating physician.

(2) With the consent of all patients in the room, if any.

(3) In accordance with all standards established by the Joint Commission on Accreditation of Health Care Organizations and all applicable state and federal regulations.

B. For purposes of this Section, "enclosed area" shall be determined by the governing board of the hospital but shall include, at a minimum, all areas of the building that are air conditioned or heated.

C. Notwithstanding the provisions of Subsection A of this Section, the governing board of the hospital may designate a well ventilated area for smokers. Additionally, the governing board of a psychiatric hospital, the Department of Public Safety and Corrections, and the department of Health and Hospitals shall establish rules and policies to reasonably accommodate inpatients and inmates who smoke.

D.(1) Any person who, in violation of this Section, smokes in an area that has not been designated as an area for smokers may be issued a summons by a law enforcement officer. The summons shall be returned to the court having jurisdiction over misdemeanors in the parish or municipality of the domicile of the hospital.

(2) Any violation of this Subsection shall be punishable by a fine not to exceed five hundred dollars or community service not to exceed ten days, or both.

Acts 1992, No. 1005, §1; Acts 2001, No. 977, §1.