ORS 441.815¹
Smoking of tobacco in certain hospital rooms prohibited

(1) No hospital employee, patient or visitor shall smoke any cigar, cigarette or tobacco in any form in any:

(a) Room of the hospital in which more than one patient is accommodated, unless the room is specifically designated for smoking; or

(b) Other areas where patient care is provided in the hospital.

(2) The administrator or person in charge of a hospital shall designate reasonable areas in lobbies and waiting rooms where smoking is not permitted.

(3) The administrator or person in charge of the hospital shall designate a reasonable number of rooms in the hospital where smoking is not permitted.

(4) As used in this section, "hospital" has the meaning given the term in ORS 442.015 (Definitions). [Formerly 441.515; 1977 c.173 §1; 1983 c.740 §160]

Note: The amendments to 441.815 (Smoking of tobacco in certain hospital rooms prohibited) by section 8, chapter 602, Oregon Laws 2007, take effect January 1, 2009. See section 13, chapter 602, Oregon Laws 2007. The text that is effective on and after January 1, 2009, is set forth for the user’s convenience.

441.815 (Smoking of tobacco in certain hospital rooms prohibited). (1) As used in this section, "hospital" has the meaning given the term in ORS 442.015 (Definitions).

(2) The administrator or person in charge of a hospital may not permit a person to smoke tobacco:

(a) In the hospital; or

(b) Within 10 feet of a doorway, open window or ventilation intake of the hospital.

(3) The Director of Human Services may impose a civil penalty of not more than $500 per day on a person for violation of subsection (2) of this section. Civil penalties imposed against a person under this subsection may not exceed $2,000 in any 30-day period. Civil penalties imposed under this subsection shall be imposed in the manner provided by ORS 183.745 (Civil penalty procedures).

(4) The Department of Human Services may adopt rules necessary for the administration of this section.

Law Review Cita­tions

4 EL 454 (1974)

Chapter 441

Atty. Gen. Opinions

Licensing and phantom beds, (1970) Vol 40, p 171; a hospital's employing a licensed physical therapist as unauthorized practice, (1975) Vol 37, p 963

1 Legislative Counsel Committee, CHAPTER 441—Health Care Facilities, https://­www.­oregonlegislature.­gov/­bills_laws/­Archive/­2007ors441.­pdf (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 441, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­441ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information