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

(New Rule)

DAR File No.: 34808
Filed: 05/12/2011 12:20:23 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rule is to provide patients, visitors, employees, and students, a smoke-free environment upon their entrance to University of Utah Hospitals and Clinics (UUHC) facilities. Prohibiting smoking within only 25 feet of entrances to UUHC facilities is often insufficient, as patients, visitors, employees, and students would often have to walk through clouds of smoke to get from their parking or drop-off spot to the front doors of the UUHC facility. Therefore, this rule identifies outdoor areas at UUHC facilities where smoking is prohibited, as well as designates outdoor areas where smoking is permitted.

Summary of the rule or change:

This proposed rule explains where persons may and may not smoke outside of facilities in the UUHC system. Specifically, this rule prohibits individuals from smoking in an outdoor area of a UUHC facility, including parking garages, unless the outdoor area is designated by the UUHC facility as a designated smoking area. Designated smoking areas at UUHC facilities are equipped with signs indicating that smoking is permitted and are often beyond 25 feet from entrances. Persons failing to comply with this rule may be subject to administrative tickets and criminal citations.

State statutory or constitutional authorization for this rule:

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

Anticipated cost or savings to:

the state budget:

This rule should not result in any additional costs or savings to the state budget. UUHC facilities will not require additional state funds to initiate and enforce this rule. Only individual persons who violate this rule may be subject to monetary penalties.

local governments:

This rule should not result in any additional costs or savings to local governments. This rule applies to individual persons, not local governmental entities.

small businesses:

This rule should not result in any additional costs or savings to small businesses because it applies to individuals, not small businesses.

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

With the exception of persons who violate this rule (violators may be subject to monetary and nonmonetary penalties), persons other than small businesses, businesses, or local governmental entities should not incur any additional costs or savings as a result of this rule. This rule simply requires patients, visitors, employees, and students of UUHC facilities who wish to smoke outside of UUHC facilities to smoke in designated areas.

Compliance costs for affected persons:

Because violators of this rule may be subject to monetary fines by UUHC facilities and/or the State Department of Health, this rule would carry compliance costs for affected persons. UUHC facilities have not yet decided the exact amount of money their administrative tickets will carry.

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

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

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:

07/01/2011

This rule may become effective on:

07/08/2011

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.

R805-5-1. Purpose.

1. To identify outdoor areas at University of Utah Hospitals and Clinics ("UUHC") facilities where smoking is prohibited.

2. To designate outdoor areas at UUHC facilities where smoking is permitted.

3. To set forth possible sanctions for persons who smoke in undesignated areas outside of UUHC facilities and the process for enforcement and discipline.

 

R805-5-2. Authority.

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.

 

R805-5-3. Definitions.

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

2. "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. "Smoke" or "Smoking" means the possession of any lighted tobacco product or activated electronic cigarette in any form.

4. "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. "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.

 

R805-5-4. Policy.

1. Established Utah Law

a. Subsection R392-510-9(1) prohibits smoking within 25 feet of any entrance-way, exit, open window, or air intake of publicly owned buildings, which includes UUHC facilities.

b. Section R392-510-4 authorizes UUHC facilities to prohibit smoking anywhere on their premises, including anywhere outdoors on their premises.

2. Further Prohibited Activities

a. No person may smoke in an outdoor area of a UUHC facility, including the 25 foot areas proscribed by current Utah law, unless the outdoor area is specifically designated by the UUHC facility as a designated smoking area.

 

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

 

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