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HomeHealth and Safety CodeDiv. 2Ch. 2Art. 3§ 1286 Health Facility Smoking Rules

§ 1286 Health Facility Smoking Rules

Health and Safety Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 1286 Health Facility Smoking Rules

Key Takeaways

  • •Smoking is not allowed in most areas of hospitals or health facilities, like waiting rooms or patient care areas, unless there's a special smoking area.
  • •If you want to smoke in your hospital room, everyone in that room must agree to it. If the hospital is full, they get time to move people around.
  • •Hospitals must put up clear signs saying where smoking is allowed or not allowed. If smoking is allowed in some spots, there must be signs at the entrances saying smoking is only allowed in those spots.
  • •This rule does not apply to nursing homes or certain care facilities for people with disabilities.

Example

You are visiting a friend in the hospital and want to smoke in the waiting room.

You can't smoke in the waiting room because it's not a designated smoking area. You have to look for signs that show where smoking is allowed, or step outside the hospital.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 1286 Health Facility Smoking Rules

(a) Smoking a tobacco product shall be prohibited in patient care areas, waiting rooms, and visiting rooms of a health facility, except those areas specifically designated as smoking areas, and in patient rooms as specified in subdivision (b). (b) Smoking a tobacco product shall not be permitted in a patient room unless all persons assigned to the room have requested a room where smoking is permitted. In the event that the health facility occupancy has reached capacity, the health facility shall have reasonable time to reassign patients to appropriate rooms. (c) Clearly legible signs shall either: (1) State that smoking is unlawful and be conspicuously posted by, or on behalf of, the owner or manager of the health facility, in all areas of a health facility where smoking is unlawful, or (2) Identify “smoking permitted” areas, and be posted by, or on behalf of, the owner or manager of the health facility, only in areas of the health facility where smoking is lawfully permitted. If “smoking permitted” signs are posted, there shall also be conspicuously posted, near all major entrances, clearly legible signs stating that smoking is unlawful except in areas designated “smoking permitted.” (d) No signs pertaining to smoking are required to be posted in patient rooms. (e) This section shall not apply to skilled nursing facilities, intermediate care facilities, and intermediate care facilities for the developmentally disabled. (f) For purposes of this section, “smoking” has the same meaning as in subdivision (c) of Section 22950.5 of the Business and Professions Code. (g) For purposes of this section, “tobacco product” means a product or device as defined in subdivision (d) of Section 22950.5 of the Business and Professions Code. (Amended by Stats. 2016, 2nd Ex. Sess., Ch. 7, Sec. 12. (SB 5 2x) Effective June 9, 2016.)

Last verified: January 23, 2026

Key Terms

facilitysmokingtobacco productfinehospitalnursingpatienthealth

Related Statutes

  • § 1276.65 Direct Caregiver Staffing Hours
  • § 1289.3 Patient Property Safeguard Requirements
  • § 1276.9 Special Treatment Program Nursing Hours
  • § 1279.7 Health Facility Connector Safety
  • § 1280.17 Administrative Fines Assessment

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Health and Safety Code. Section 1286.
View Official Source