• New York law restricts smoking at health care facilities in the state.cigarette image by bright from Fotolia.com
  
  If you are smoker in the state of New York and planning to either work at or visit a health care facility in the state, there are a few points of law that you should keep in mind when the craving hits and you want to light up. New York law is very specific about where you may smoke, and if you run up against this law, you may find yourself paying hefty fines.
  
  

Clean Indoor Air Act

• In 2003, the New York Legislature passed the Clean Indoor Air Act--much to the chagrin of smokers across the state. The idea behind the act, according to the New York State Department of Health, was to ensure the good health of workers across the state by banning smoking in nearly all places of employment in the state--from obvious spots such as day care centers to literally "all places of employment," from bars to bingo halls.
  
  Under this omnibus anti-smoking law, the division between public buildings and private establishments was rendered moot; as per the Clean Indoor Air Act, no smoking is allowed in general hospitals or other health care facilities such as assisted living homes or residential treatment centers (outside of specified restricted areas)--regardless of whether they are publicly or privately owned and operated.
  
  The Clean Indoor Air Act applies to all health care facilities in the state and no municipality may adopt independent smoking laws which are not at least as restrictive as those laid out under the act.
  
  

Definitions and Exemptions

• Under New York public health law pursuant to the Clean Indoor Air Act, smoking in all general hospitals, as well as the grounds of such facilities, is not permitted. Additionally, smoking is not permitted on the premises of any health care facility that primarily treats children.
  
  For the purposes of these restrictions under law, the term "health care facility" is a facility in which any "treatment, service, or procedure to diagnose or treat an individual's physical or mental condition" is provided.
  
  However, there are some exemptions from the law that do allow adults in certain facilities to smoke in enclosed rooms, separate from general living areas. These health care facilities are adult assisted care and residential facilities and community mental health residences.
  
  

Penalties

• Under New York law, violations of this smoking ban in most areas (for example, bars, restaurants and office buildings) may result in a fine up to $1,000 per violation. Violations in health care facilities--or any other facilities under the purview of the state Health Department--may be punished with a fine of up to $2,000 per violation.