HOUSE OF REPRESENTATIVES

H.B. NO.

586

TWENTY-EIGHTH LEGISLATURE, 2015

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO USE OF TOBACCO PRODUCTs AND e-CIGARETTEs ON HAWAII HEALTH SYSTEMS CORPORATION PREMISES.

 

 

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

 


SECTION 1.† The legislature finds that facilities within the Hawaii health systems corporation are committed to providing quality healthcare for the people of Hawaii and taking steps to reduce the occurrence of preventable disease. †Permitting the use of tobacco and other potentially dangerous substances on the premises of its health facilities is inconsistent with this commitment. †Allowing such use would not only expose patients, employees, and visitors to the perils of harmful substances, but would also be counterproductive to 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 of the Hawaii health systems corporation from exposure to secondhand smoke and other potentially harmful substances through promoting positive health practices including prohibiting any person from using tobacco products or e-cigarettes on the premises of any Hawaii health systems corporation health facility and making tobacco-cessation programs available to public employees of health facilities.

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

"ß323F-  Tobacco product and e-cigarette use prohibited.(a)† The corporation shall prohibit the use of any tobacco product or e-cigarette 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 or regulation.

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

(c)† Pursuant to section 89-9(d), the tobacco and e-cigarette 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 visitors to the corporation's health facilities regarding prohibitions under this section.† The corporation shall prominently display signs stating that "tobacco and e-cigarette use is prohibited" at all entrances to the corporation's health facilities and at other conspicuous locations throughout the outdoor premises of each health facility, in compliance with section 328J-8.

(e)† For purposes of this section:

"E-cigarette" means any electronic oral device, such as one composed of a heating element, battery, or electronic circuit, or more than one of these, that provides a vapor of nicotine or any other substances for inhalation.† The term shall include any such device, whether manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, or under any other product name or descriptor, but does not include any product specifically approved by the United States Food and Drug Administration for use in medical treatment, such as an asthma inhaler.

"Premises" shall mean all indoor and outdoor areas within the State-designated property boundary lines of each of the corporationís health facilities and shall include all employee and visitor parking lots.

"Tobacco or e-cigarette use" does not include mere possession or storage of the same for use in locations outside the premises of the corporationís health facilities.†

"Tobacco product" means any substance containing tobacco leaf including but not limited to cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, chewing tobacco, dipping tobacco, bidis, blunts, clove cigarettes, or any other preparations of tobacco; and any product or formulation of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter will be introduced into the human body; but does not include any cessation product specifically approved by the United States Food and Drug Administration for use in treating nicotine or tobacco dependence."

SECTION 3.† New statutory material is underscored.

SECTION 4.† This Act shall take effect upon its approval.

 

INTRODUCED BY:

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Report Title:

Tobacco Products; E-cigarettes; Prohibition; HHSC Facilities

 

Description:

Prohibits the use of tobacco products and e-cigarettes on premises of the facilities operated by the Hawaii Health Systems Corporation.† Requires the corporation to offer tobacco cessation programs to employees.

 

 

 

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