New Hampshire Code of Administrative Rules
He - Department of Health and Human Services
Subtitle He-P - Former Division of Public Health Services
Chapter He-P 1900 - INDOOR SMOKING RULES
Part He-P 1907 - CRITERIA FOR SMOKING-PERMITTED AREAS
Section He-P 1907.01 - Designation of Smoking-Permitted Areas

Universal Citation: NH Admin Rules He-P 1907.01

Current through Register No. 40, October 3, 2024

(a) The criteria established in He-P 1907 shall apply to the following facilities, referred to in RSA 155:67V, VI, VII, and X:

(1) Dormitories;

(2) Public housing facilities;

(3) Nursing homes;

(4) Sheltered care facilities;

(5) Residential treatment facilities;

(6) Prisons and detention facilities;

(7) Rehabilitation facilities;

(8) Health care facilities, except for acute care facilities; and

(9) All other facilities listed in RSA 155:67.

(b) The criteria as set forth in this part shall apply to all staff, administrators, volunteers, residents, visitors, consultants, contractors, and other vendors and purveyors of services in the facilities referenced in (a) above.

(c) The following designation criteria for smoking-permitted areas, specific for each facility, shall be followed for each of the facilities referenced in (a) above:

(1) Where smoking is permitted in resident dormitories operated by postsecondary educational institutions, the following shall apply:
a. Preference for smoking or non-smoking resident room assignments shall be determined for each resident by the person in charge;

b. Determining preference for smoking or non-smoking resident room assignments shall be completed prior to the beginning of each school year or semester by the person in charge;

c. Housing application forms which student residents fill out prior to assignment of housing shall include a section to indicate preference for smoking or non-smoking room assignment, or a separate form shall be developed for this purpose;

d. Either smoking or non-smoking designated rooms may be assigned to those individuals who do not indicate a preference relative to smoking when making application for room assignments;

e. The number of such smoking-designated rooms or areas shall be commensurate with the number of residents indicating a preference to smoke;

f. No student resident who prefers non-smoking accommodations shall be housed with a smoker nor shall any student resident who prefers non-smoking accommodations have a room assigned in the smoking-permitted areas; and

g. All non-smoking designated rooms and accommodations shall meet the USEPA standard for ambient air quality;

(2) Where smoking is permitted in any public housing facility, the following shall apply:
a. Preference for smoking or non-smoking dwelling unit assignments shall be determined for each resident by the person in charge;

b. Determining preference for smoking or non-smoking dwelling unit assignments shall be completed prior to the assignment of a dwelling unit by the person in charge;

c. Public housing application forms which residents fill out prior to assignment of housing shall include a section to indicate preference for smoking or non-smoking, or a separate form shall be developed for this purpose;

d. Either smoking or non-smoking designated dwelling units may be assigned to those individuals who do not indicate a preference relative to smoking when making application for public housing;

e. The number of such smoking-designated dwelling units shall be commensurate with the number of residents indicating a preference to smoke;

f. No resident who prefers non-smoking accommodations shall have a dwelling unit assigned in the smoking-permitted areas; and

g. All non-smoking designated dwelling units shall meet the USEPA standard for ambient air quality;

(3) Where smoking is permitted in resident rooms in nursing homes, residential care facilities, supported residential care facilities, residential treatment and rehabilitation facilities, the following shall apply:
a. Preference for smoking or non-smoking resident room assignments shall be determined for each resident;

b. Determining preference for smoking or non-smoking resident room assignments shall be completed prior to the assignment of resident rooms by the person in charge;

c. Resident room application or admission forms which residents fill out prior to assignment of resident rooms shall include a section to indicate preference for smoking or non-smoking, or a separate form shall be developed for this purpose;

d. Either smoking or non-smoking designated resident rooms may be assigned to those individuals who do not indicate a preference relative to smoking when making application for room assignments or admission;

e. The number of such smoking-designated resident rooms shall be commensurate with the number of residents indicating a preference to smoke;

f. No resident who prefers non-smoking accommodations shall have a resident room assigned in the smoking-permitted areas; and

g. All non-smoking designated resident rooms shall meet the USEPA standard for ambient air quality;

(4) Where smoking is permitted in the resident rooms of health care facilities, such as drug and alcohol treatment facilities and mental health facilities, exclusive of hospitals or other acute care facilities as listed in He-P 1901.01(b) and He-P 1901.01(j), the following shall apply:
a. Preference for smoking or non-smoking assignments shall be determined for each patient by the person in charge;

b. Determining preference for smoking or non-smoking patient room assignments shall be completed prior to admission to the facility by the person in charge;

c. Patient admission forms shall include a section to indicate preference for smoking or non-smoking, or a separate form shall be developed for this purpose;

d. Either smoking or non-smoking designated patient rooms may be assigned to those individuals who do not indicate a preference relative to smoking when filling out admission forms;

e. The number of such smoking-designated patient rooms shall be commensurate with the number of patients indicating a preference to smoke;

f. No patient who prefers non-smoking accommodations shall be housed with a smoker nor shall any patient who prefers non-smoking accommodations have a patient room assigned in the smoking-permitted areas; and

g. All non-smoking designated patient rooms shall meet the USEPA standard for ambient air quality;

(5) If a hospital has, as part of its facility, a wing or unit which is not free-standing and which is used on an in-patient basis for the care and treatment of patients suffering from mental illness, drug and alcohol withdrawal or for the delivery of physical rehabilitation services, the resident rooms of the wing or unit shall be subject to He-P 1907.01(a) (8), (b), and (c) (4) a.-g.;

(6) Where smoking is permitted in private sector facilities providing out-patient care, including doctors' offices and dental offices, and exclusive of acute care facilities as defined in He-P 1901.01(b) and He-P 1901.01(i):
a. Examination rooms, diagnostic testing rooms, and treatment rooms shall be designated as no smoking; and

b. If smoking-permitted areas are to be designated for the use of staff for such facilities then RSA 155:66, II shall apply;

(7) Where smoking is permitted in resident rooms or cells of prisons and detention facilities, the following shall apply:
a. Preference for smoking or non-smoking inmate room or cell assignments shall be determined for each inmate by the person in charge;

b. Determining preference for smoking or non-smoking inmate room assignments shall be completed prior to the assignment of a inmate room or cell by the person in charge;

c. Incarceration forms shall include a section to indicate preference regarding smoking or non-smoking, or a separate form shall be developed for this purpose;

d. Either smoking or nonsmoking designated inmate rooms or cells may be assigned to those individuals who do not indicate a preference relative to smoking when incarcerated;

e. The number of such smoking-designated inmate rooms or cells shall be commensurate with the number of inmates indicating a preference to smoke;

f. If security and space permit, no inmate who prefers non-smoking accommodations shall have an inmate room or cell assigned in the smoking-permitted areas; and

g. All non-smoking designated inmate rooms or cells shall meet the USEPA standard for ambient air quality; and

(8) If smoking-permitted areas are to be designated for the use of staff of the facilities referenced in (a) above, they shall be subject to the provisions of RSA 155:66, II.

(d) If the facilities referenced in (a) above have rooms or areas wherein residents receive medical or dental services, the designation of no smoking shall prevail in these rooms or areas for staff, patients, and visitors, pursuant to RSA 155:66 (b), I.

(e) The areas referred in (d) above shall include:

(1) Examining rooms;

(2) Diagnostic testing rooms;

(3) Treatment rooms;

(4) Infirmaries; and

(5) Dental examination and treatment rooms.

#5759, eff 12-20-93; ss by #7172, eff 12-21-99, EXPIRED: 12-21-07

New. #9054, eff 12-29-07

The amended version of this section by New Hampshire Register Volume 38, Number 50, eff. 11/20/2018 is not yet available.

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