HOUSE OF REPRESENTATIVES

H.B. NO.

2100

TWENTY-SEVENTH LEGISLATURE, 2014

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to prohibitions on hawaii health systems corporation premises.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  The legislature finds that the health facilities within the Hawaii health systems corporation are committed to providing quality health care for the people of Hawaii and taking steps to reduce the occurrence of preventable disease.  Consistent with this commitment, the corporation must not permit the use of tobacco and other potentially dangerous substances, including electronic smoking devices, on the campuses of its health facilities.  Allowing such use would not only expose vulnerable patients, employees, and visitors to the perils of harmful substances, it would also demonstrate a shortcoming in the corporation's goal of reducing the occurrence of preventable disease.

     The purpose of this Act is to protect patients, employees, and visitors to the health facilities within the Hawaii health systems corporation from exposure to second-hand smoke and other potentially harmful substances, as well as to promote positive health practices, by prohibiting smoking, including the use of electronic smoking devices, and tobacco use on the premises of any Hawaii health systems corporation health facility and making tobacco-cessation programs available to public health facility employees.

     SECTION 2.  Chapter 323F, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§323F‑    Smoking and tobacco use prohibitions on Hawaii health systems corporation premises.  (a)  The Hawaii health systems corporation shall prohibit smoking and tobacco use by any person on the premises of all health facilities operated by the corporation within the State, to the extent not prohibited by federal law.  Mere possession or storage of cigarettes, tobacco products, or an electronic smoking device for use outside the premises of the corporation shall not constitute a violation of this subjection.

     (b)  The corporation shall provide tobacco cessation programs for public employees who are interested in participating at the corporation's health facilities; provided that issues relating to the costs of the program shall be subject to collective bargaining.

     (c)  This section shall not be subject to chapter 328J.  Pursuant to section 89-9(d), the smoking and tobacco use prohibitions under this section shall not be subject to collective bargaining.

     (d)  The corporation shall be responsible for educating all health facility personnel, contractors, patients, and all other visitors to the corporation's premises about the smoking and tobacco use prohibitions under this section.  The corporation shall prominently display signs stating that "smoking, including smoking of electronic smoking devices, and tobacco use are prohibited by law" at all entrances to the corporation's premises and at other conspicuous locations throughout the premises of each health facility.

     (e)  For the purposes of this section:

     "Cigarette" has the same meaning as in section 486P-1.

     "Electronic smoking device" means any electronic product that can be used to simulate smoking in the delivery of nicotine or other substances to the person inhaling from the device, including but not limited to an electronic cigarette, electronic cigar, electronic cigarillo, or electronic pipe, and any cartridge or other component of the device or related product.  The term does not include any product approved by the United States Food and Drug Administration for use in medical treatment.

     "Premises" means all indoor and outdoor areas within the state-designated property boundary lines of each of the corporation's health facilities and shall include all related employee and visitor parking lots.

     "Smoke" or "smoking" means inhaling or exhaling the fumes of tobacco or any other plant material, burning or carrying any lighted smoking equipment for tobacco or any other plant material, or inhaling or exhaling smoke or vapor from an electronic smoking device.

     "Tobacco products" has the same meaning as in section 245‑1.

     "Tobacco use" means the personal use of any tobacco product, including the use of smokeless tobacco."

     SECTION 3.  Section 89-9, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

     "(d)  Excluded from the subjects of negotiations are matters of classification, reclassification, benefits of but not contributions to the Hawaii employer-union health benefits trust fund, recruitment, examination, initial pricing, and retirement benefits except as provided in section 88-8(h).  The employer and the exclusive representative shall not agree to any proposal which would be inconsistent with the merit principle or the principle of equal pay for equal work pursuant to section 76-1 or which would interfere with the rights and obligations of a public employer to:

     (1)  Direct employees;

     (2)  Determine qualifications, standards for work, and the nature and contents of examinations;

     (3)  Hire, promote, transfer, assign, and retain employees in positions;

     (4)  Suspend, demote, discharge, or take other disciplinary action against employees for proper cause;

     (5)  Relieve an employee from duties because of lack of work or other legitimate reason;

     (6)  Maintain efficiency and productivity, including maximizing the use of advanced technology, in government operations;

     (7)  Determine methods, means, and personnel by which the employer's operations are to be conducted; [and]

     (8)  Take such actions as may be necessary to carry out the missions of the employer in cases of emergencies[.]; and

     (9)  In the case of the Hawaii health systems corporation, prohibit smoking, including the use of electronic smoking devices, and tobacco use on the premises of all health facilities operated by the corporation within the State.

     This subsection shall not be used to invalidate provisions of collective bargaining agreements in effect on and after June 30, 2007, and shall not preclude negotiations over the procedures and criteria on promotions, transfers, assignments, demotions, layoffs, suspensions, terminations, discharges, or other disciplinary actions as a permissive subject of bargaining during collective bargaining negotiations or negotiations over a memorandum of agreement, memorandum of understanding, or other supplemental agreement.

     Violations of the procedures and criteria so negotiated may be subject to the grievance procedure in the collective bargaining agreement."

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

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Report Title:

Hawaii Health Systems Corporation; Tobacco; Electronic Smoking Devices; Prohibitions

 

Description:

Prohibits smoking, including the use of electronic smoking devices, and tobacco use at health facilities operated by the Hawaii health systems corporation.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.