File No. 34808
This rule was published in the July 1, 2011, issue (Vol. 2011, No. 13) of the Utah State Bulletin.
Regents (Board Of), University of Utah, Administration
Enforcement of No Smoking Areas at University of Utah Hospitals and Clinics
Change in Proposed Rule
DAR File No.: 34808
Filed: 06/15/2011 02:28:27 PM
Purpose of the rule or reason for the change:
Proposed Rule R805-5 has been changed in order to be more consistent with the Utah Indoor Clean Air Act's purpose of regulating secondhand tobacco smoke. Because the Utah Indoor Clean Air Act does not currently regulate the use of e-cigarettes which produce non-tobacco vapors, the proposed Rule R805-5 has been modified to eliminate e-cigarette use from its scope (at least those that don't produce tobacco vapors).
Summary of the rule or change:
The definition of "smoke" or "smoking" has been changed to no longer include the use of e-cigarettes. An additional definition of "lighted tobacco" has been added to proposed Rule R805-5 in order to clarify that "smoke" or "smoking" in the rule includes circumstances where tobacco is ignited or heated to a point of smoking or vaporizing. (DAR NOTE: This change in proposed rule has been filed to make additional changes to a proposed new rule that was published in the June1, 2011, issue of the Utah State Bulletin, on page 99. Underlining in the rule below indicates text that has been added since the publication of the proposed rule mentioned above; strike-out indicates text that has been deleted. You must view the change in proposed rule and the proposed new rule together to understand all of the changes that will be enforceable should the agency make this rule effective.)
State statutory or constitutional authorization for this rule:
- Section 63G-4-102
- Section 26-38-1 et seq.
- Section 53B-2-106
- Sections 76-8-701 through 76-8-718
- Section 76-6-206
Anticipated cost or savings to:
the state budget:
There is no change from the original rule filing. No significant cost or savings to the state budget because UUHC facilities will not require additional state funds to initiate and enforce this rule.
There is no change from the original rule filing. No significant cost or savings to local governments because this rule applies to individual persons, not local governmental entities.
There is no change from the original rule filing. No significant cost or savings to small businesses because this rule applies to individuals, not small businesses.
persons other than small businesses, businesses, or local governmental entities:
There is no change from the original rule filing. No significant cost or savings except for those individual persons who violate this rule and subject themselves to the possibility of monetary fines.
Compliance costs for affected persons:
There is no change from the original rule filing. Violators of the rule may be subject to monetary fines by University of Utah Hospitals and Clinics and/or the State Department of Health.
Comments by the department head on the fiscal impact the rule may have on businesses:
There is no change from the original rule filing. There should not be any fiscal impact on businesses as a result of this rule because it applies to individuals, not businesses.
Michael K. Young, President of University of Utah
The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:Regents (Board Of)
University of Utah, Administration
201 S PRESIDENTS CIR
SALT LAKE CITY, UT 84112-9009
Direct questions regarding this rule to:
- Robert Payne at the above address, by phone at 801-585-7002, by FAX at 801-585-7007, or by Internet E-mail at email@example.com
Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:
This rule may become effective on:
Robert Payne, Associate General Counsel
R805. Regents (Board of), University of Utah, Administration.
R805-5. Enforcement of No Smoking Areas at University of Utah Hospitals and Clinics.
. . . . . . .
1. "Designated smoking area" means an outdoor area equipped with signs indicating that smoking is permitted.
2]. "Outdoor area" means the outdoor area of a UUHC
facility, including parking garages, covered and uncovered parking
lots, sidewalks, landscaping areas, and roadways of that UUHC
3]. "Smoke" or "Smoking" means the
possession of any lighted tobacco product[
or activated electronic cigarette] in any
4]. "University of Utah Hospitals and Clinics
facilities," "UUHC facilities," or "UUHC
facility" means a facility or facilities in the University of
Utah Health Care system, including, but not limited to, the
University of Utah Hospital, Huntsman Cancer Hospital, University
Orthopaedic Center, University Neuropsychiatric Institute, John A.
Moran Eye Center, University of Utah Health Care Clinical
Neurosciences Center, University of Utah Community Clinics, Utah
Center for Reproductive Medicine, and the Utah Diabetes and
5]. "University property" means the University of
Utah campus and any other property owned, operated, or controlled
by the University of Utah and specifically includes the University
of Utah's grounds, buildings, and roadways.
. . . . . . .
R805-5-5. Enforcement and Sanctions.
1. Upon observing a person smoking in an
outdoor area where smoking is prohibited, a UUHC official will
request the person to extinguish the lighted tobacco product[
or deactivate the electronic cigarette] and, where
applicable, may take one or more of the following actions:
a. Issue an administrative ticket to the person requiring the person to pay an administrative fee in an amount indicated on the ticket. Such administrative tickets are processed and settled through the UUHC facility.
b. Issue a citation to the person for criminal trespass pursuant to Section 76-6-206.
c. Issue the person a citation and temporary eviction from, and denial of access to, University property pursuant to Sections 76-8-701 through 76-8-718.
d. Evict the person from, and deny the person access to, University property after an informal adjudicative proceeding pursuant to Rule R765-134.
e. Seek a citation to the person by the State Department of Health pursuant to Section 26-38-9.
f. University of Utah students, staff, and faculty may also be subject to disciplinary action pursuant to the applicable policies and procedures of the University of Utah Regulations Library.
KEY: smoke, smoking, public health
Date of Enactment or Last Substantive Amendment: 2011
Authorizing, Implemented, or Interpreted Law: 26-38-1 et seq.; 53B-2-106; 63G-4-102; 76-6-206; 76-8-701 through 76-8-718
The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull-pdf/2011/b20110701.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.
Text to be deleted is struck through and surrounded by brackets (e.g., [
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For questions regarding the content or application of this rule, please contact Robert Payne at the above address, by phone at 801-585-7002, by FAX at 801-585-7007, or by Internet E-mail at firstname.lastname@example.org.