Missouri tobacco control laws permit setting limits from the
local level up; just the opposite from the Missouri tobacco excise tax laws
that preempt any change in the state law by lower levels of government. They
were written at different times and for different purposes ($0.17 state excise
tax per pack, the lowest in the nation back in 1993. Columbia merchant tax,
$0.10 per pack in 19??).
Health Care Facilities
Smoking is restricted to designated areas in health
care facilities, health clinics or ambulatory care facilities including, but
not limited to, laboratories associated with health care treatment, hospitals,
nursing homes, physicians offices and dentists’ offices.
MO. REV.STAT. AA 191.765 & 191.767 (1992).
I have been using “residential health
care” to characterize the large full- service sites in Columbia, MO. There
appears to be no such thing!! The term “health care” seems to be restricted to
“getting people well”. “Residential care” is a neat place to life and a
pleasant place to die.
[“Long term care (LTC) assisted living
facility (ALF) memory care” is the correct classification for our apartment; it
is neither health nor residential but behaves like a mixture of both.]
This statute provides no protection, at
the state level, from third hand tobacco smoke exposure for a person in memory
care. This statute only segregates smokers, not the smoke carried by the
smokers. [The same situation seems to apply in the smoke free city of San
Antonio, TX.]
Nothing in sections 191.775 and191.776 shall
prohibit local political subdivisions or local boards of education from
enacting more stringent ordinances or rules.
MO. REV.STAT A 191.777 (1993).
This statute permits creating a city ordinance that can
protect residents in residential/health care communities as well as provide an
environment free of third hand tobacco smoke for employees, in general, and for
those wanting to quit, quitting, and wanting to stay quit. This is an essential
part of smoking cessation.
(See draft copy of such a city code for Columbia, MO, on the
preceding post. There is no need for such an ordinance when these residential/health
ALF communities act within current laws to eliminate third hand tobacco smoke.)
Smoking Protection Law
It shall be an improper employment practice for an
employer to hire, to discharge, or to otherwise disadvantage any individual
with respect to compensation, terms or conditions of employment because the
individual uses lawful tobacco products off the premises of the employer during
hours such individual is not working for the employer, unless such use
interferes with the duties and performance of the employee, the employee’s
coworkers, or overall business operation, except that, nothing in this section
shall prohibit an employer from providing or contracting for health insurance
benefits at a reduced premium rate for employees who do not smoke or use
tobacco products. Religious organizations and nonprofit health promotion
organizations are exempt from this section. The provisions of this section
shall not be deemed to create a cause of action for injunctive relief, damages
or other relief.
MO. REV. STAT. A 290.145 (2005)
This law provides special privileges to people addicted to
nicotine and in no way promotes health or smoking cessation. Nicotine addicts are to be paid the
same wage as other employees; at the same time they put in less time on the job
(smoking breaks, personal illness and family illness).
“.
. . unless such use interferes with the duties and performance of the employee,
the employee’s coworkers, or overall business operation;” where it does interfere in assisted living
memory care.
“.
. . nothing in this section shall prohibit an employer from providing or
contracting for health insurance benefits at a reduced premium rate . . .” Or more accurately stated, “. . . health insurance
benefits at an extra risk rate for
smokers than for employees who do not smoke or use tobacco products.”
“The
provisions of this section shall not be deemed to create a cause of action for
injunctive relief, damages or other relief” or if you do not wish to
believe in the myths of the tobacco cult, this law, preempts you from doing
anything about it in Missouri courts.
This law was passed by people addicted to
nicotine, who still smoke in their offices in Jefferson City, MO, and who have
yet to come to grips with their addiction; let along be concerned about the
health of other people.
[Neighboring states such as Kansas, Illinois,
Arkansas and Iowa have smoke-free capitols. Forty one states nationwide do not
allow smoking anywhere in their capitol building. 10JAN17 Fox2Now]
Four border states do and four do not have smoking
protection laws. The federal government has no such laws.
Nicotine addiction is a serious public health illness.
Education seems to be the best way to battle the promotion of smoking and the
cigarette smugglers. Educated people, who understand nicotine addiction, do not
smoke and do not carry third hand tobacco smoke in their hair, clothes and bodies.
Airlines and most restaurants learned from experience that
operations were more profitable without smoking. Only one out of 90 residents
smoke at Provision Living at Columbia, yet about half of new hires smoke with a
turnover rate greater than 100% a year.
The law allows hiring with the stipulation employees do not smoke
on their shift, at anytime, so as to not carry third hand tobacco smoke into
the building. A suitable smoking cessation program is being designed for this
transient workforce with alternate, free of toxic smoke, nicotine sources used
during their work shift.
An alternative to all of this is to stay at home and continue
using home health care where we hire caregivers, that “match” or bond with the
patient, instead of being hired by the ALF. Home health caregivers are not
allowed to smoke on duty or to bring third hand tobacco smoke into the house.
In our case this might have worked for about another year with Home Instead (but
we would have missed all the benefits of residential living the past two years).