21-4017. Smoking in a medical care facility, exceptions; penalties. - Kansas Statutes

21-4017

Chapter 21.--CRIMES AND PUNISHMENTS PART II.--PROHIBITED CONDUCT Article 40.--CRIMES INVOLVING VIOLATIONS OF PERSONAL RIGHTS

      21-4017.   Smoking in a medical care facility, exceptions; penalties.(a) As used in this section:

      (1)   "Medical care facility" means ageneral hospital,special hospital, ambulatory surgery center or recuperation center, as definedbyK.S.A. 65-425 and amendments thereto, and any psychiatric hospital licensedunder K.S.A. 75-3307b and amendments thereto; and

      (2)   "Smoking" means possession of a lighted cigarette, cigar, pipe orburning tobacco in any other form or device designed for the use of tobacco.

      (b)   On and after July 1, 1994, smoking in a medical care facility ishereby prohibitedexcept that a smoking area may be established within a licensed long-termcare unit of a medical care facility if such smoking area iswell-ventilated.On and after July 1, 1994, the chiefadministrative officer of each medical care facility shall cause to be postedin conspicuousplaces signs stating that smoking in the medical care facility is prohibited bystate law.

      (c)   Any person found guilty of smoking in violation of subsection (b) ofthis section isguilty of a misdemeanor punishable by a fine of not more than $20for eachviolation. Any person found guilty of failing to post signs as required bysubsection (b) of this section, is guilty of a misdemeanor punishable by a fineof not more than$50. In addition, the department of health and environment, orlocal department of health, may institute an action in any court ofcompetent jurisdiction to enjoin repeated violations of subsection (b) of thissection.

      History:   L. 1993, ch. 220, § 2; July 1.