THE SENATE

S.B. NO.

305

TWENTY-EIGHTH LEGISLATURE, 2015

S.D. 1

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 lessen the occurrence of preventable disease. Consistent with this commitment, the corporation must not permit the use of tobacco and other potentially dangerous substances 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, but 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 all other 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 any person from using tobacco products or e-cigarettes on the premises of any Hawaii health systems corporation 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-   Tobacco and e-cigarette use prohibited. (a) The Hawaii health systems corporation shall prohibit the use of any tobacco product or e-cigarette by any person on the premises of all facilities operated by the corporation within the State, to the extent not prohibited by federal law and regulation.

(b) The corporation shall provide tobacco cessation programs for public employees at the corporation's health facilities who are interested in participating; 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.

(d) Pursuant to section 89-9(d), the tobacco and e‑cigarette use prohibitions under this section shall not be subject to collective bargaining.

(e) The corporation shall be responsible for educating all health facility personnel, contractors, patients, and all other visitors to the corporation's health facilities regarding the 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.

(f) For the 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, which 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" 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 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 corporation's 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.


 


 

Report Title:

Hawaii Health Systems Corporation; E-cigarettes; Tobacco Products; Prohibition

 

Description:

Prohibits the use of tobacco products and e-cigarettes on the premises of Hawaii health systems corporation facilities. (SD1)

 

 

 

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