HOUSE DOCKET, NO. 3265        FILED ON: 1/18/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1966

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Sean Garballey and Michael J. Barrett

_________________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act restricting the sale of tobacco products at health care institutions.

_______________

PETITION OF:

 

Name:

District/Address:

Date Added:

Sean Garballey

23rd Middlesex

1/18/2013

Michael J. Barrett

Third Middlesex

1/18/2013

Jason M. Lewis

Fifth Middlesex

 

David M. Rogers

24th Middlesex

 

Denise Provost

27th Middlesex

 

Frank I. Smizik

15th Norfolk

 

Sal N. DiDomenico

Middlesex and Suffolk

 

Paul A. Schmid, III

8th Bristol

 

Cory Atkins

14th Middlesex

 

Kay Khan

11th Middlesex

 


HOUSE DOCKET, NO. 3265        FILED ON: 1/18/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1966

By Representative Garballey of Arlington and Senator Barrett, a joint petition (accompanied by bill, House, No. 1966) of Sean Garballey and others for legislation to restrict the sale of tobacco products at locations where health professionals are employed.  Public Health.

 

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 591 OF 2011-2012.]

 

The Commonwealth of Massachusetts

 

_______________

In the Year Two Thousand Thirteen

_______________

 

An Act restricting the sale of tobacco products at health care institutions.

 

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

Section 1. Chapter 112 of the Massachusetts General Laws is hereby amended at the end thereof by inserting after section 61 the following new section:-

Section 61A

Definitions.

“Health care institution” as used in this section shall mean any individual, partnership, association, corporation or trust or any person or group of persons that provides health care services and employs health care providers licensed or subject to licensing by the Massachusetts Department of Health under M.G.L. c. 112 or a retail establishment that provides pharmaceutical goods and services and is subject to the provisions of 247 CMR 6.00.. Health care institutions include, but are not limited to, hospitals, clinics, health centers, pharmacies, drug stores, doctor  and dentist offices.

“Retail establishment” as used in this section shall mean any store that sells goods or articles of personal services to the public.

“Tobacco products” as used in this section shall mean cigarettes, cigars, chewing tobacco, pipe tobacco, bidis, snuff or tobacco in any of its forms.

(b) Prohibition of Tobacco Sales

(1) No health care institution located in Massachusetts shall sell or cause to be sold tobacco products.

(2) No retail establishment that operates or has a health care institution within it, such as a pharmacy or drug store,  shall sell or cause to be sold tobacco products.

(3) Nothing in this section shall preempt further limitation of tobacco use by the commonwealth or any department, agency or political subdivision of the commonwealth.

Section 2. The Act shall take effect on December 31, 2013.