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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 54 Pa.B. 1806 (March 30, 2024).

28 Pa. Code § 209.3. Smoking.

§ 209.3. Smoking.

 (a)  Policies regarding smoking shall be adopted. The policies shall include provisions for the protection of the rights of smoking and nonsmoking residents. The smoking policies shall be posted in a conspicuous place and in a legible format so that they may be easily read by residents, visitors and staff.

 (b)  [Reserved].

 (c)  Adequate supervision while smoking shall be provided for those residents who require it.

 (d)  Smoking by residents in bed is prohibited unless the resident is under direct observation.

 (e)  [Reserved].

 (f)  [Reserved].

 (g)  [Reserved].


   The provisions of this §  209.3 amended under sections 102, 201(12), 601, 801.1 and 803 of the Health Care Facilities Act (35 P.S. § §  448.102, 448.201(12), 448.601, 448.801a and 448.803); and section 2102(a) and (g) of The Administrative Code of 1929 (71 P.S. §  532(a) and (g)).


   The provisions of this §  209.3 adopted August 29, 1975, effective September 1, 1975, 5 Pa.B. 2233; amended January 31, 1987, effective July 1, 1987, 17 Pa.B. 514; amended July 23, 1999, effective July 24, 1999, 29 Pa.B. 3999; amended December 23, 2022, effective July 1, 2023, 52 Pa.B. 8098. Immediately preceding text appears at serial pages (397589) to (397590).

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