What is the law regarding smoking in residential and nursing homes

Q: What should be considered when conducting a risk assessment of residents who smoke?

The assessment should consider the residents mental and physical capacity for smoking and the risk to other residents and staff, along with the need for a manager to supervise. Any risk should be recorded and considered along with the residents care plan, other assessments and personal evacuation plans.

Objective: To identify nursing home standards related to resident smoking through a nation wide survey of directors of nursing.

Table of Contents Show

Cigarettes & Burn Injuries
Can you smoke in nursing homes in Kentucky?
What should be considered when conducting a risk assessment of residents who smoke?
Can you smoke in care homes Scotland?
What are the places that should be designated at no smoking area?

Methods: A national survey was distributed online and was completed by 248 directors of nursing. The directors of nurses answered questions concerning resident smoking including the criteria utilized to determine an unsafe resident smoker. For those residents identified as unsafe, the questions asked were specifically related to monitoring, staff involvement, safety precautions and policy.

Results: The results of the survey demonstrated a consistent policy practiced among facilities across the United States. The monitoring of nursing home residents is based on a resident's mental acuity, physical restrictions and equipment requirements. Once a resident was identified as a smoker at risk of harm to self or others, staff involvement ranged from distributing cigarettes to direct supervision. In addition, the majority of facilities required residents to wear fire resistant aprons and provided a fire extinguisher in smoking areas.

Conclusion: Monitoring policies of nursing home residents who smoke starts with identifying those residents at risk based on an assessment of mental acuity, physical restrictions and equipment requirements. Those that are identified as being at risk smokers have their cigarettes controlled and distributed by nursing staff and are supervised by facility staff when smoking. This policy is implemented through written policy as well as staff education. Despite some discrepancies in the actual implementation of policies to supervise residents who smoke, the policies for assessment for at-risk smokers requiring monitoring is consistent on a national basis.

The Department of Health (DOH) issued a Dear Administrator letter on the new smoking law. This new law, which governs outdoor smoking in nursing homes, takes effect today, Oct. 29. The law prohibits smoking outdoors on the grounds of general hospitals and nursing homes, including outdoor areas within 15 feet of the buildings' entrances or exits or within 15 feet from the entrances or exits to the grounds. The law allows smoking for a resident and their guest outside as long as the area is not within 30 feet from any building structure. Employees may not smoke in any of the designated outdoor areas. The new law does not change the current provision that allows residents to smoke in a designated separate enclosed room of a nursing home. The DAL does not provide answers to questions that LeadingAge New York has raised, including whether staff could smoke in their own cars while they are parked on the grounds of the nursing home. LeadingAge New York is continuing to pursue additional guidance, directly with DOH, on a number of issues related to implementation and will inform members as soon as additional information becomes available.

Contact: Elliott Frost, , 518-867-8832

Burn injuries from smoking can and do happen in nursing homes. Sometimes these unfortunate accidents can be severe, and have even led to wrongful death cases.

Burn injuries are also often the result of nursing home negligence. They can also happen if a nursing home resident is not adequately supervised while smoking. This is often the case if a disabled or physically impaired resident is not appropriately supervised. Our lawyers want to support your personal injury claim by filing a lawsuit on your behalf. Contact us today for a free evaluation. We are passionate in getting you the compensation and closure you deserve.

If you or a loved one has been injured due to a smoking incident at a nursing home, contact PKSD Law Firm to discuss how we can support you today. We have recovered MILLIONS of dollars in compensation for clients who have been personally injured due to negligence.

To speak with a representative, call 877-877-2228.

Currently, it is a violation to ban nursing home residents from smoking. Under the Nursing Home Reform Act, patients have the right to dignity and are entitled to protection of their personal belongings.

This means if a patient wants to smoke, they have a right to smoke.
A place must be provided to smoke, even if smoking is banned on the premises.
This also means that it is a violation for cigarettes to be taken away from these residents.

However, non-smoking residents also have the right to dignity and protection from second-hand smoke. As a result, requiring smoking to take place in a common area is appropriate.

Cigarettes & Burn Injuries

Typically, burn injuries happen when a smoking resident is lighting a cigarette or if he or she accidentally drops a cigarette. If the flame causes a material to catch on fire, the smoker or a nearby non-smoking resident can get injured. In the event that your loved one is injured in a smoking related incident while in the care of a nursing home, contact a Milwaukee personal injury lawyer at PKSD for your free case review. Ph: 877-877-2228.

Can you smoke in nursing homes in Kentucky?

Under Executive Order, the use of tobacco and e-cigarettes and similar assisted living devices is prohibited in personal care homes under the administration of the Cabinet for Health and Family Services.

What should be considered when conducting a risk assessment of residents who smoke?

The assessment should consider the resident's mental and physical capacity for smoking and the risk to other residents and staff, along with the need for a manager to supervise. Any risk should be recorded and considered along with the resident's care plan, other assessments and personal evacuation plans.

Can you smoke in care homes Scotland?

Background to the smoke-free perimeter The Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 amended sections of the Smoking, Health and Social Care (Scotland) Act 2005 to establish no-smoking areas outside hospital buildings and to make it an offence to smoke there.

What are the places that should be designated at no smoking area?

Absolute Prohibition of Smoking in or on the premises, buildings, and grounds of government agencies providing health, education and/or social welfare and development services such as hospitals, health centers, schools and universities, colleges, etc. No "Smoking Areas" shall be designated in such places.