Health Care Facilities

ORS 441.815
Smoking of tobacco or use of inhalant delivery system in or near hospital prohibited

  • rules


As used in this section:


“Hospital” has the meaning given that term in ORS 442.015 (Definitions).


“Inhalant delivery system” has the meaning given that term in ORS 431A.175 (Definitions).


The administrator or person in charge of a hospital may not permit a person to smoke tobacco or use an inhalant delivery system in a manner that creates an aerosol or vapor:


In the hospital; or


Within 10 feet of a doorway, open window or ventilation intake of the hospital.


The Director of the Oregon Health Authority may impose a civil penalty of not more than $500 per day on a person for violation of subsection (2) of this section. Civil penalties imposed against a person under this subsection may not exceed $2,000 in any 30-day period. Civil penalties imposed under this subsection shall be imposed in the manner provided by ORS 183.745 (Civil penalty procedures).


The Oregon Health Authority may adopt rules necessary for the administration of this section. [Formerly 441.515; 1977 c.173 §1; 1983 c.740 §160; 2007 c.602 §8; 2009 c.595 §745; 2015 c.158 §23]

Law Review Citations

4 EL 454 (1974)

Chapter 441

Atty. Gen. Opinions

Licensing and phantom beds, (1970) Vol 40, p 171; a hospital's employing a licensed physical therapist as unauthorized practice, (1975) Vol 37, p 963


Last accessed
Jun. 26, 2021