http://www.tobacco.org/newsfeed/category/hospitals.rss Latest top tobacco news headlines en-us http://www.montgomeryadvertiser.com/apps/pbcs.dll/article?AID=/20080511/NEWS/805110314 http://tobacco.org/news/265170.html Some hospitals have banned smoking inside a person's own vehicle if it's on hospital property, a step viewed as logical by the anti-smoking movement but repugnant to its critics. While a handful of states ban smoking in cars if there are minors inside, the move by hospitals to prohibit any puffs behind the wheel represents new territory for those seeking a smoke-free environment. The ban is part of the more widely recognized effort by hospitals to prohibit lighting up inside or outside the building, out of public health concerns. The American Nonsmokers' Rights Foundation in Berkeley, Calif., counts more than 1,200 with campuswide bans. AP Mon, 12 May 2008 04:00:00 GMT http://www.telegram.com/article/20080512/NEWS/805120482/1004/RSS01&source=rss http://tobacco.org/news/265142.html A 53-year-old man who apparently was smoking next to his oxygen tank died Saturday night in a three-alarm fire at the Pearl Brook Housing Complex, 131 White St. As of 8 p.m. last night, the identification of the victim was being withheld pending notification of the man's family. It was expected his name would be released today. . . . The victim was smoking while using oxygen for treatment of pulmonary disorders, officials said. Pearl Book Housing Complex is primarily housing for elderly and disabled residents. Worcester Telegram & Gazette agriffin@telegram.com (Lynne Klaft Correspondent and Anna L. Griffin TELEGRAM & GAZETTE STAFF agriffin@telegram.com) Mon, 12 May 2008 04:00:00 GMT http://www.nbc15online.com/news/state/story.aspx?content_id=ba457dbf-17c5-4f81-9977-046c7219d317&rss=218 http://tobacco.org/news/265132.html Some hospitals have banned smoking inside a person's own vehicle if it's on hospital property, a step viewed as logical by the anti-smoking movement but repugnant to its critics. George Koodray, New Jersey coordinator for the Citizens Freedom Alliance, says many see this as the beginning -- and easiest part -- of a growing encroachment of government into people's private lives. AP /mediacenter/local.aspx?videoid=248458@video.wpmi.com Sat, 10 May 2008 04:00:00 GMT http://www.telegram.com/article/20080512/NEWS/805120541/1005/RSS01&source=rss http://tobacco.org/news/265129.html LUNENBURG-- A 53-year-old man who apparently was smoking near his oxygen tank died Saturday night in a three-alarm fire at the Pearl Brook Housing Complex, 131 White St. As of 8 p.m. last night, the identification of the victim was being withheld pending notification of the man's family. It was expected his name would be released today. . . . The victim was smoking while using oxygen for treatment of pulmonary disorders, officials said. . . . The fire displaced eight residents. Among those are Gerry and Linda Leger, who have lived at Pearl Brook for a year and a half. Worcester Telegram & Gazette agriffin@telegram.com ( Lynne Klaft Correspondent and Anna L. Griffin TELEGRAM & GAZETTE STAFF) Mon, 12 May 2008 04:00:00 GMT http://dailygleaner.canadaeast.com/cityregion/article/293240 http://tobacco.org/news/265116.html Officials with River Valley Health have introduced a new program aimed at helping their patients butt out. The Hotel-Dieu of St. Joseph Hospital in Perth-Andover is the first hospital in the province to introduce the program and will become part of its standard care practices. The program is part of a Health Canada-funded project called The Expansion of Evidence-Based Smoking Cessation Interventions in Canadian Hospitals. Fredericton Daily Gleaner bowie.adam@dailygleaner.com (ADAM BOWIE) Canada Mon, 12 May 2008 04:00:00 GMT https://ecf.njd.uscourts.gov/cgi-bin/show_temp.pl?file=pdf60041559131354&type=application/pdf http://tobacco.org/news/265077.html I. BACKGROUND Pro se plaintiff James Hemphill (“Plaintiff”) was a prisoner at the Adult Diagnostic and Treatment Center (“ADTC”) in Avenel, New Jersey. Plaintiff alleges that, as a result of the chemicals added to Moving Defendants’ tobacco products that “make smokers addicted to the cigarettes,” he was “forced to suffer from the secondhand smoke that is produce[d] from there [sic] product.” (Id. at 8-11.) Plaintiff contends that “the only persons who benefit[] from the tobacco is [sic] the smoker[,] who is able to satisfy his addiction[,] and the tobacco manufacturer[,] who makes a profit from the sale, at the cost of my health and possibly future damage to my health.” (Id.) To describe his injuries, Plaintiff states that he has experienced “continued stomach problems through [a]cid [r]eflux [d]isease which is worsened from constant inhaling of second hand [sic] smoke, while incarcerated within this [i]nstitution Plaintiff identifies “M. Bernstein & Sons Newark Tobacco & Candy Co.” as the “[s]ole tobacco vender to the state prisons.” (Id.) According to Plaintiff, M. Bernstein & Sons “[s]ells the tobacco products to the state institutional facilities for a profit and has no concern about the deadly health risk associated from secondhand smoke to non[-]smokers.” . . . A. Plaintiff’s § 1983 Claim Fails Because Tobacco Companies are Not State Actors In order to state a cause of action under Section 1983, a plaintiff must allege the violation of a right secured by the Constitution or laws of the United States, which was committed or caused by a person acting under color of state law. Even if Plaintiff had intended to allege that Moving Devendants provide their tobacco products for sale at ADTC, a “private firm does not become a state actor by selling its products to the government.” Several courts have held that tobacco manufacturers are private entities, and that the mere sale of their products in state penal institutions does not transform them into state actors acting under the color of state law. Plaintiff’s Section 1983 claim against Moving Defendants must be dismissed. B. The New Jersey Smoke Free Act Does Not Create a Private Right of Action The NJSFA prohibits smoking in indoor public places and workplaces, with limited exceptions. See N.J. STAT. ANN. § 26:3D-58. However, the NJSFA provides no private right of action to plaintiffs aggrieved by a violation of its terms. N.J. STAT. ANN. § 26:3D-62(e) (“[T]here shall be no private right of action against a party for failure to comply with the provisions of this act.”). As a matter of law, Plaintiff cannot articulate a viable claim against Moving Defendants under the NJSFA. U.S. Courts ECF Tue, 06 May 2008 04:00:00 GMT https://ecf.njd.uscourts.gov/cgi-bin/DktRpt.pl?772612336655342-L_567_0-1 http://tobacco.org/news/265076.html 05/07/2008 74 OPINION. Signed by Judge Joseph A. Greenaway, Jr. on 5/6/08. (dc, ) (Entered: 05/07/2008) 05/07/2008 75 ORDER granting 56 Motion to Dismiss; granting 58 Motion to Dismiss; granting 61 Motion to Dismiss; granting 62 Motion to Dismiss; granting 63 Motion to Dismiss. Signed by Judge Joseph A. Greenaway, Jr. on 5/6/08. (dc, ) (Entered: 05/07/2008) U.S. Courts ECF Sun, 11 May 2008 04:00:00 GMT http://dockets.justia.com/docket/court-njdce/case_no-2:2007cv02162/case_id-202286/ http://tobacco.org/news/265075.html Filed: May 7, 2007 . . . May 10, 2007 3 Court Opinion or Order OPINION filed Signed by Judge Joseph A. Greenaway, Jr. on 5/7/07. (cs, ) Justia Thu, 10 May 2007 04:00:00 GMT http://dockets.justia.com/docket/court-njdce/case_no-2:2007cv00424/case_id-198673/ http://tobacco.org/news/265074.html January 24, 2007 3 Court Opinion or Order ORDER denying pltfs' motion to proceed as a class action; that pltfs' appl. for appointment of counsel is denied w/out prejudice, as premature; that pltfs. James Hemphill; Efraim Esquilin; Christopher Mark; William Weiss; Christos Papachris tos; Louis George Johnston, Jr.; Tymil Mason; Claude Franklikn; Peter Braun; Oliver Mason; Toboris Wright; Ronald Young; and Allan Lovenson are dismissed from civ. 06-5033; that the Clerk of the Court shall open a new case for each of the dismissed p ltfs. w/the complaint from each of the newly-opened cases to the same judge who is assigned to civ. 06-5033; that the Clerk shall enter the Opinion and Order in civ. 06-5033 on the docket in each of the newly-opened cases; and each of the dismissed pltfs. may indicate his intent to proceed with his claims by filing an amended complaint asserting his individual claims under his newly-assigned docket number, etc.. Signed by Judge Stanley R. Chesler on 1/24/2007. (mn, Justia Wed, 24 Jan 2007 05:00:00 GMT https://ecf.njd.uscourts.gov/cgi-bin/qrySummary.pl?198673 http://tobacco.org/news/265073.html Date filed: 01/24/2007 Date terminated: 05/04/2007 Date of last filing: 06/29/2007 U.S. Courts ECF Fri, 29 Jun 2007 04:00:00 GMT http://www.ireland.com/newspaper/frontpage/2008/0505/1209924240372.html?via=me http://tobacco.org/news/264848.html THE GOVERNMENT intends to phase out smoking in psychiatric hospitals under new "best practice" guidelines for the sector supported by the Minister of State for mental health. JOHN DOWNES reports While these institutions are currently exempt from a ban on smoking in the workplace, it is understood that consideration will be given to removing this exemption should this prove necessary. The revelation of the plan to phase out smoking in psychiatric hospitals comes as recent industrial action by over 8,000 psychiatric nurses seems set to escalate in the coming days. Irish Times jdownes@irish-times.ie Ireland Mon, 05 May 2008 04:00:00 GMT http://www.silive.com/news/advance/index.ssf?/base/news/1209903303200770.xml&coll=1 http://tobacco.org/news/264763.html Aiming to improve the health of its workers, residents and visitors, administrators of Eger Health Care and Rehabilitation Center in November will become the first nursing home in the city to implement a smoke-free campus. In fact, only 25 eldercare facilities in the country have completely banned smoking for people who live and work there, according to the American Nonsmokers' Rights Foundation. "We want our staff, we want our residents, we want our visitors to be as healthy and have the best environment possible," said Jack Pease, president and CEO of Eger Lutheran Homes and Services. "We think it's our job being that we're a healthcare facility." Staten Island Advance nyback@siadvance.com (GLENN NYBACK STATEN ISLAND ADVANCE) Sun, 04 May 2008 04:00:00 GMT http://www.rcpsych.ac.uk/pressparliament/pressreleases2008/pr3.aspx http://tobacco.org/news/264724.html A survey at Mersey Care NHS Trust (a mental health trust) was published in the May 2008 issue of the Psychiatric Bulletin. It set out to explore the attitudes of in-patients across the General Adult and Old Age Directorates of the Trust towards hospital and government smoking policies, and towards the perceived effects of smoking on health and well-being. . . . This study reinforces previous findings that smoking is more prevalent among psychiatric patients than in the general population. As the majority of in-patients, both smokers and non-smokers, felt that there should be smoking areas within psychiatric units, can any appropriate compromise be reached in view of the current legislation, ask the researchers? It would be interesting to know, they say, whether these results are mirrored elsewhere in the country, and whether patients' views are changing following implementation of tighter smoking policies within NHS trusts. It would also be worth evaluating the level of compliance with such policies. Royal College of Psychiatrists dhart@rcpsych.ac.uk UK Thu, 01 May 2008 04:00:00 GMT http://www.politics.co.uk/opinion-formers/press-releases/opinion-former-index/health/rcp-should-non-smoking-policy-psychiatric-in-patients-be-more-lenient--$1221009$366233.htm http://tobacco.org/news/264509.html Attitudes towards non-smoking policies among in-patients in psychiatric units differ considerably from those of the general population, raising the question whether some compromise should be introduced when mental health trusts are required to adopt the policy later this year. Whilst 89.6% of the public believe that smoking should be banned in public places, only 54.1% of psychiatric in-patients agree with the idea. 71.1% of in-patients support a general non-smoking policy in hospital with designated smoking areas. On 1st July 2007 all enclosed or substantially enclosed public places and work places became smoke free, as required by The Health Act 2006. A temporary exemption for mental health units ends on 1st July 2008. Until then, they may have a designated smoking room meeting specified requirements. . . . This study reinforces previous findings that smoking is more prevalent among psychiatric patients than in the general population. As the majority of in-patients, both smokers and non-smokers, felt that there should be smoking areas within psychiatric units, can any appropriate compromise be reached in view of the current legislation, ask the researchers? It would be interesting to know, they say, whether these results are mirrored elsewhere in the country, and whether patients' views are changing following implementation of tighter smoking policies within NHS trusts. It would also be worth evaluating the level of compliance with such policies. Politics.co.uk jsmith30@nhs.net UK Thu, 01 May 2008 04:00:00 GMT http://www.fosters.com/apps/pbcs.dll/article?AID=/20080502/GJNEWS_01/547196059/-1/FOSNEWS http://tobacco.org/news/264499.html DOVER -- A smoldering cigarette butt caused a smoke condition at Riverside Rest Home on Thursday morning, causing a partial evacuation of the building. . . . Firefighters eventually traced the smoke to the building furnace room where an improperly disposed cigarette lit other nearby cigarette butts on fire, causing a smoldering fire, according to Plummer. Foster's Democrat Fri, 02 May 2008 04:00:00 GMT