§ 23-17.5-26 - Smoke-free environment.
SECTION 23-17.5-26
§ 23-17.5-26 Smoke-free environment.– (a) Smoke-free environment. Nursing home patients shall have the rightto live in a tobacco smoke-free environment. It shall be prohibited for anyperson other than a nursing home resident to smoke in any nursing home in RhodeIsland. It shall be prohibited for any nursing home resident to smoke in anynursing home in Rhode Island except in a smoking room, rooms designated by theadministration of the nursing home, a private room, or a semi-private roomwhere both residents smoke. The designated smoking room or rooms shall be aroom or rooms other than the largest living or assembly room or lounge. Thedesignated smoking room or rooms shall be ventilated in such a way that the airfrom that room or rooms shall not enter other parts of the nursing home.
(b) Penalties and enforcement. (1) Thedepartment of health, having received a written and signed letter of complaintfrom any person citing a violation of this chapter, shall enforce this entirechapter against violations by either of the following actions:
(1) Serving written notice to comply to the person,organization or facility manager charged with the violation, with a copy of thenotice to the complaining person, requiring the person, organization orfacility manager to correct within ten (10) days any violation or section ofthis chapter.
(ii) Upon receiving a second complaint at the department ofhealth for the same or continued violation by the same person, the complaintshall be resolved by calling upon the attorney general to maintain, withoutdelay, an action for injunction to enforce the provisions of this chapter, tocause the correction of the same or continued violation of this section, andfor assessment and recovery of a civil penalty for the violation.
(2) A person, organization, or facility manager who violatesthis chapter shall be liable for a civil penalty, but not to be less than fiftydollars ($50.00) nor to exceed five hundred dollars ($500) which shall beassessed and recovered in a civil action brought by the attorney general in anycourt of competent jurisdiction. Each day the violation is committed orpermitted to continue shall constitute a separate offense and shall bepunishable as a separate offense. Any penalty assessed and recovered in anaction brought pursuant to this subsection shall be paid over to the generaltreasurer and added to the general fund.
(3) In undertaking the enforcement of this chapter, the stateis assuming an undertaking only to promote the general welfare. It is notassuming, nor is it imposing on its officers and employees, an obligation forbreach of which it is liable in money damages to any person who claims that thebreach proximately caused injury.