§ 131E-143. Smoking prohibited; penalty.
§ 131E‑143. Smokingprohibited; penalty.
(a) A home care agencyshall prohibit its employees from smoking while providing services to anindividual in the individual's home. The home care agency shall inform itsclients that employees of the agency are prohibited from smoking in a client'shome. As used in this section:
(1) "Employee"includes an individual under contract with the home care agency to provide homecare services.
(2) "Smoking"means the use or possession of any lighted cigar, cigarette, pipe, or otherlighted smoking product.
(b) The Department mayimpose an administrative penalty not to exceed two hundred dollars ($200.00)for each violation on any person who owns, manages, operates, or otherwisecontrols the home care agency and fails to comply with this section. Aviolation of this section constitutes a civil offense only and is not a crime. (2007‑459, s. 4.)