1.1 	A bill for an act
1.2 	relating to health; permitting tobacco use in certain
1.3 	health care settings; amending Minnesota Statutes
1.4 	2004, section 144.414, subdivision 3.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. Minnesota Statutes 2004, section 144.414,
1.7 	subdivision 3, is amended to read:
1.8 		Subd. 3.Health care facilities and clinics.  (a) Smoking
1.9 	is prohibited in any area of a hospital, health care clinic,
1.10 	doctor's office, or other health care-related facility, other
1.11 	than a nursing home, boarding care facility, or licensed
1.12 	residential facility, except as allowed in this subdivision.
1.13 	(b) Notwithstanding sections 144.413 to 144.417 or section
1.14 	246.0141, smoking by a patient in a chemical dependency
1.15 	treatment program or mental health program may be allowed in a
1.16 	separated well-ventilated area or outdoors if it is determined
1.17 	by the treatment team that prohibiting smoking would interfere
1.18 	with the treatment of the patient.  The determination must be
1.19 	made on a case-by-case basis, subject to review by the on-site
1.20 	chief administrator of the program.
1.21 	(c) Smoking by participants in peer reviewed scientific
1.22 	studies related to the health effects of smoking may be allowed
1.23 	in a separated room ventilated at a rate of 60 cubic feet per
1.24 	minute per person pursuant to a policy that is approved by the
1.25 	commissioner and is established by the administrator of the
2.1 	program to minimize exposure of nonsmokers to smoke.

2.2 	Sec. 2. EFFECTIVE DATE.
 2.3 	Section 1 is effective the day following final enactment.