No. 40153 (5-year Review): Rule R805-5. Enforcement of No Smoking Areas at University of Utah Hospitals and Clinics

DAR File No.: 40153
Filed: 01/25/2016 01:17:26 PM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

This rule is authorized by Sections 26-38-1 et seq., 53B-2-106, 63G-4-102, 76-6-206, and 76-8-701 through 76-8-718. Section 26-38-1 et seq. is the Utah Indoor Clean Air Act. It generally prohibits smoking in any indoor public area. Section 26-38-6 indicates that the Utah Indoor Clean Air Act does not prohibit a state institution of higher education from restricting smoking in outdoor places of public access. Section 63G-4-102 permits agencies of the state to seek enforcement of agency orders in the district courts. Section 53B-2-106 permits the president of an institution of higher education to enact rules for administration and operation of the institution. Section 76-6-206 is the criminal trespass statute and it states that a person engages in criminal trespass if he enters on property knowing that this entry or presence is unlawful. The rule under review allows U of U to issue a criminal trespass citation. Section 7-8-718 indicates that higher ed institutions may utilize their own police forces to enforce the laws of the state.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

No written comments were received related to the rule.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

This rule supports the enforcement of no smoking zones in and around University of Utah hospitals and clinics by allowing for administrative tickets to be issued to violators. Enforcement of these no smoke zones is imperative near an acute patient hospital that is frequented by hundreds of thousands of visitors per year, many of whom have health issues themselves, where it is highly desirable that walking areas such as sidewalks and parking garages and steps be clear of smoke. The ability to impose sanctions, such as tickets, is imperative to successful enforcement. Therefore, this rule should be continued.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Regents (Board Of)
University of Utah, Administration
Room 309 PARK BLDG
201 S PRESIDENTS CIR
SALT LAKE CITY, UT 84112-9009

Direct questions regarding this rule to:

• Scott Smith at the above address, by phone at 801-585-7002, by FAX at 801-585-7007, or by Internet E-mail at [e-mail]

Effective:

01/25/2016

Authorized by:

Scott Smith, Associate General Counsel

---