CA Welf & Inst Code Section 4138

(a)

Upon receiving a request from the director of a state hospital listed in Section 4100, the Director of State Hospitals may prohibit the possession or use of tobacco products on the grounds of the requesting facility. The Director of State Hospitals shall provide an implementation plan that shall include a phase-in period for any of the state hospitals listed in Section 4100 that prohibits the possession or use of tobacco products by patients or any other persons on hospital grounds, except on the premises of residential staff housing where patients are not present.

(b)

This prohibition shall include an exemption for departmentally approved religious ceremonies.

(c)

As part of the implementation plan, the department shall provide any requesting patient with a smoking cessation plan that may include, at minimum, an individual medical treatment plan, counseling, prescription drugs, or nicotine replacement, as determined to be medically necessary and appropriate.

(d)

Nothing in this section shall be construed to restrict the outside activity time currently available to hospital patients.

(e)

If an implementation plan is adopted pursuant to subdivision (a), the store or canteen at any facility subject to the prohibition shall not sell tobacco products.

Source: Section 4138, https://leginfo.­legislature.­ca.­gov/faces/codes_displaySection.­xhtml?lawCode=WIC§ionNum=4138.­.

Last Updated

Aug. 19, 2023

§ 4138’s source at ca​.gov