Missouri Tobacco Control Laws

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).