DOH Clears Air on New Smoking Law

The Center for Environmental Health of DOH has clarified the recent smoking law that went into effect on Oct. 29, 2013. Under the law, staff is prohibited from smoking on the grounds of a nursing home. However, in keeping with the provisions outlined in the NYS Clean Air Act, section 1399-q, the law does not apply to private automobiles. Therefore, staff are permitted to smoke in their own cars unless the nursing home prohibits this through their own policies. In addition, under certain circumstances, a nursing home may seek, from the local health department, a waiver of the current requirement that an approved smoking structure located outdoors must be at least 30 feet from any building structure or overhang. The local health department will evaluate such issues as location of the smoking area and ventilation in consideration of granting the waiver. 

Contact:  Elliott Frost, efrost@leadingageny.org, 518-867-8832