50-40-106. Requirements of health care facilities. (1) Health care facilities shall:
     (a) ask all inpatients, prior to admission, to designate their preference for a nonsmoking or smoking patient room and, when possible, accommodate such a preference;
     (b) prohibit smoking in all kitchens, laboratories, and corridors;
     (c) prohibit smoking in storage areas for supplies or materials and wherever flammable liquids, gases, or oxygen is stored or in use;
     (d) provide a nonsmoking area in all waiting rooms;
     (e) prohibit employees from smoking in patient rooms; and
     (f) require visitors to obtain express approval from all patients in the patient room, or from the patients' physicians, prior to smoking.
     (2) Nothing in this section shall prohibit a health care facility from banning smoking on all or a part of its premises.
     (3) All areas of a health care facility not specifically referred to in this section may be considered smoking areas unless posted otherwise.

     History: En. Sec. 6, Ch. 368, L. 1979.