No. 34808 (Change in Proposed Rule): Rule R805-5. Enforcement of No Smoking Areas at University of Utah Hospitals and Clinics

DAR File No.: 34808
Filed: 06/15/2011 02:28:27 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Proposed Rule R805-5 has been changed in order to be more consistent with the Utah Indoor Clean Air Act's purpose of regulating secondhand tobacco smoke. Because the Utah Indoor Clean Air Act does not currently regulate the use of e-cigarettes which produce non-tobacco vapors, the proposed Rule R805-5 has been modified to eliminate e-cigarette use from its scope (at least those that don't produce tobacco vapors).

Summary of the rule or change:

The definition of "smoke" or "smoking" has been changed to no longer include the use of e-cigarettes. An additional definition of "lighted tobacco" has been added to proposed Rule R805-5 in order to clarify that "smoke" or "smoking" in the rule includes circumstances where tobacco is ignited or heated to a point of smoking or vaporizing. (DAR NOTE: This change in proposed rule has been filed to make additional changes to a proposed new rule that was published in the June1, 2011, issue of the Utah State Bulletin, on page 99. Underlining in the rule below indicates text that has been added since the publication of the proposed rule mentioned above; strike-out indicates text that has been deleted. You must view the change in proposed rule and the proposed new rule together to understand all of the changes that will be enforceable should the agency make this rule effective.)

State statutory or constitutional authorization for this rule:

• Section 63G-4-102
• Section 26-38-1 et seq.
• Section 53B-2-106
• Sections 76-8-701 through 76-8-718
• Section 76-6-206

Anticipated cost or savings to:

the state budget:

There is no change from the original rule filing. No significant cost or savings to the state budget because UUHC facilities will not require additional state funds to initiate and enforce this rule.

local governments:

There is no change from the original rule filing. No significant cost or savings to local governments because this rule applies to individual persons, not local governmental entities.

small businesses:

There is no change from the original rule filing. No significant cost or savings to small businesses because this rule applies to individuals, not small businesses.

persons other than small businesses, businesses, or local governmental entities:

There is no change from the original rule filing. No significant cost or savings except for those individual persons who violate this rule and subject themselves to the possibility of monetary fines.

Compliance costs for affected persons:

There is no change from the original rule filing. Violators of the rule may be subject to monetary fines by University of Utah Hospitals and Clinics and/or the State Department of Health.

Comments by the department head on the fiscal impact the rule may have on businesses:

There is no change from the original rule filing. There should not be any fiscal impact on businesses as a result of this rule because it applies to individuals, not businesses.

Michael K. Young, President of University of Utah

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
201 S PRESIDENTS CIR
SALT LAKE CITY, UT 84112-9009

Direct questions regarding this rule to:

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

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

08/01/2011

This rule may become effective on:

08/08/2011

Authorized by:

Robert Payne, Associate General Counsel

RULE TEXT

R805. Regents (Board of), University of Utah, Administration.

R805-5. Enforcement of No Smoking Areas at University of Utah Hospitals and Clinics.

 

. . . . . . .

 

R805-5-3. Definitions.

1. "Designated smoking area" means an outdoor area equipped with signs indicating that smoking is permitted.

2. "Lighted tobacco" means both tobacco that is under self sustained combustion and tobacco that is heated to a point of smoking or vaporizing.

[2]3. "Outdoor area" means the outdoor area of a UUHC facility, including parking garages, covered and uncovered parking lots, sidewalks, landscaping areas, and roadways of that UUHC facility.

[3]4. "Smoke" or "Smoking" means the possession of any lighted tobacco product[ or activated electronic cigarette] in any form.

[4]5. "University of Utah Hospitals and Clinics facilities," "UUHC facilities," or "UUHC facility" means a facility or facilities in the University of Utah Health Care system, including, but not limited to, the University of Utah Hospital, Huntsman Cancer Hospital, University Orthopaedic Center, University Neuropsychiatric Institute, John A. Moran Eye Center, University of Utah Health Care Clinical Neurosciences Center, University of Utah Community Clinics, Utah Center for Reproductive Medicine, and the Utah Diabetes and Endocrinology Center.

[5]6. "University property" means the University of Utah campus and any other property owned, operated, or controlled by the University of Utah and specifically includes the University of Utah's grounds, buildings, and roadways.

 

. . . . . . .

 

R805-5-5. Enforcement and Sanctions.

1. Upon observing a person smoking in an outdoor area where smoking is prohibited, a UUHC official will request the person to extinguish the lighted tobacco product[ or deactivate the electronic cigarette] and, where applicable, may take one or more of the following actions:

a. Issue an administrative ticket to the person requiring the person to pay an administrative fee in an amount indicated on the ticket. Such administrative tickets are processed and settled through the UUHC facility.

b. Issue a citation to the person for criminal trespass pursuant to Section 76-6-206.

c. Issue the person a citation and temporary eviction from, and denial of access to, University property pursuant to Sections 76-8-701 through 76-8-718.

d. Evict the person from, and deny the person access to, University property after an informal adjudicative proceeding pursuant to Rule R765-134.

e. Seek a citation to the person by the State Department of Health pursuant to Section 26-38-9.

f. University of Utah students, staff, and faculty may also be subject to disciplinary action pursuant to the applicable policies and procedures of the University of Utah Regulations Library.

 

KEY: smoke, smoking, public health

Date of Enactment or Last Substantive Amendment: 2011

Authorizing, Implemented, or Interpreted Law: 26-38-1 et seq.; 53B-2-106; 63G-4-102; 76-6-206; 76-8-701 through 76-8-718

 

 

---