Current through Register Vol. 46, No. 39, September 25, 2024
(a) This section applies to all facilities
that are operated or certified by OPWDD, excluding family care homes. This
section does not apply to non-certified services.
(b) Smoking is defined in this section as the
inhaling or tasting of smoke produced by a burning substance, most commonly
tobacco, in the form of a cigarette, cigar, pipe tobacco, or other form that
can be smoked.
(c) Smoking is
prohibited inside:
(1) all residential
facilities certified or operated by OPWDD, except family care homes, supportive
individualized residential alternatives (IRAs), and supportive community
residences (CRs);
(2) all day
program facilities certified or operated by OPWDD;
(3) all clinic treatment facilities certified
or operated by OPWDD; and
(4) the
diagnostic and research clinic operated by OPWDD.
(d) An agency may prohibit smoking on the
grounds of any or all of its certified facilities, including supportive IRAs
and supportive CRs. If an agency permits smoking on the grounds of its
facilities, the agency must restrict smoking on grounds that the agency is
authorized to control, as follows:
(1)
Location of designated smoking areas:
(i)
designated outdoor smoking areas must be at least 30 feet from the building
which houses a facility that is operated or certified by OPWDD; or
(ii) if there is no available space for a
designated smoking area at least 30 feet from the building, the designated area
must be as far from the building as is practical without infringing on
neighboring properties and without putting individuals, or others, in an unsafe
location (e.g., in the street).
(2) Any designated outdoor smoking area must
be equipped with an appropriate and properly maintained non-combustible
disposal receptacle in accordance with section
635-7.3(c)(8)
or
635-7.4(b)(4)
of this Title.
(e)
Effective January 1, 2013, agencies that operate supportive IRAs and/or
supportive CRs must develop and implement policies and procedures to address
smoking and safe disposal of smoking remnants inside the supportive IRAs and
supportive CRs. The policies and procedures must either:
(1) prohibit smoking at all supportive sites;
or
(2) prohibit smoking at all
supportive sites except sites where one or more of the facility residents
smokes. In order to permit smoking at a particular site, a site-specific
decision shall be based on an appraisal of circumstances presented at that
site. The results of these site-specific appraisals must be documented in the
CR policy and procedure manual or in the IRA site-specific plan for protective
oversight. The site-specific appraisal must include, at minimum, a review of:
(i) local laws;
(ii) building policies and lease
agreements;
(iii) the smoking
practices of the facility resident(s); and
(iv) each resident's interest in or objection
to smoking at the site.
(f) Effective January 1, 2013, agencies that
operate residential facilities serving individuals who smoke must develop
policies and procedures to address smoking safety, and smoking related health
care issues, for each facility resident who smokes. These policies and
procedures must be fully implemented by July 1, 2013 and must include:
(1) mechanisms to evaluate smoking habits, as
well as health and safety risks, for each individual who smokes, at least
annually and as changes occur;
(2)
mechanisms to develop, implement, and monitor individualized smoking
safeguards; and
(3) mechanisms to
offer and provide individuals who smoke with services and supports to actively
promote smoking cessation.
