N.Y. Comp. Codes R. & Regs. tit. 18 § 441.23

Current through Register Vol. 46, No. 38, September 18, 2024

Section 441.23 - Tobacco product and non-prescribed or non-approved inhaling device use prohibition

(a) Use of tobacco products by staff or residents or visitors on the facility grounds is prohibited.

(b) Tobacco products in the possession of a resident of such a facility are contraband and must be confiscated by agency staff.

(c) For the purposes of this section:

(1)Use of tobacco products means the lighting, chewing, ingestion or smoking of any tobacco product.

(2)Tobacco products include but are not limited to cigarettes, cigars, pipe tobacco, chewing or dipping tobacco.

(3)Facility grounds means any building, structure, and surrounding grounds contained within a facility's legally defined property boundaries as registered in a county clerk's office and any vehicle used to transport residents of an institution, group residence, group home or agency operated boarding home.

(d) Use of inhaling devices that are otherwise not prescribed or approved by a medical professional are prohibited for all staff, residents and visitors on the facility grounds of an institution, group residence, group home or agency operated boarding home, as defined in section 441.2 of this Part.

(e) Unauthorized inhaling devices, as described in subdivision (d) of this section in the possession of a resident of such facility is contraband and must be confiscated by agency staff.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 441.23

Amended New York State Register December 23, 2015/Volume XXXVII, Issue 51, eff. 12/23/2015

Amended New York State Register December 11, 2019/Volume XLI, Issue 50, eff. 12/11/2019