New Smoking Law Takes Effect Today, Oct. 29

The Department of Health (DOH) issued a Dear Administrator letter on the new smoking law. This new law, which governs outdoor smoking in nursing homes, takes effect today, Oct. 29. The law prohibits smoking outdoors on the grounds of general hospitals and nursing homes, including outdoor areas within 15 feet of the buildings' entrances or exits or within 15 feet from the entrances or exits to the grounds. The law allows smoking for a resident and their guest outside as long as the area is not within 30 feet from any building structure. Employees may not smoke in any of the designated outdoor areas. The new law does not change the current provision that allows residents to smoke in a designated separate enclosed room of a nursing home. The DAL does not provide answers to questions that LeadingAge New York has raised, including whether staff could smoke in their own cars while they are parked on the grounds of the nursing home. LeadingAge New York is continuing to pursue additional guidance, directly with DOH, on a number of issues related to implementation and will inform members as soon as additional information becomes available. 

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