§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.(1) 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 private psychiatric hospital and the Department of Public Safety and Corrections shall establish rules and policies to reasonably accommodate inpatients and inmates who smoke.

            (2)(a) The Louisiana Department of Health shall establish procedures for treatment of smokers with mental illness in its psychiatric hospitals and forensic facilities which are smoke free. The department shall implement such procedures for patients currently being treated in its psychiatric hospitals and forensic facilities which are smoke free and for new patients at the time of admission.

            (b) In carrying out the provisions of this Paragraph, the department shall do all of the following:

            (i) Screen the patient for smoking cessation needs.

            (ii) Seek the consent of the patient to participate in education and treatment regarding smoking cessation.

            (iii) Train psychiatric hospital staff of the department in smoking cessation best practices and monitoring of the patient's treatment plan, symptoms, and medication adjustments. Psychiatric hospital staff so trained may include tobacco cessation in the patient's treatment plan after a review of the patient's diagnosis and medication history.

            (iv) Provide patients in department psychiatric hospitals and forensic facilities with access to smoking cessation assistance, including but not limited to counseling, nicotine replacement therapy, and oral medications.

            (v) Provide patients in department psychiatric hospitals and forensic facilities with access to smokeless tobacco cessation assistance.

            (vi) Provide information about smoking cessation in discharge planning, including information about smoking cessation resources in the community.

            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; Acts 2012, No. 373, §1, eff. May 31, 2012.