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Llike others have said, yes it's legal. Our daughter is an RN and mot only did the greater part of student nursing at the County hospital because it was also a teaching hospital, she also worked there for 15 yrs.
Where we lived, smoking in public areas but ESPECIALLY healthcare facilities are 100% no smoking.
Dlaughter took care of patients who were gang members (BIG BABIES & WANT MOMMIE WHEN THEY'VE BEEN SHOT), Vets, illegals (FYI LIBERALS, THEY GET FREE MEDICAL, ASSIGNED DOCTORS AT THE "FREE CLINIC "IN" THE HOSPITAL. THEY NEVER SHOW FOR APPTS, COME BACK WITH DIFFERENT SOC SEC NUMBERS BUT RNs KNOW THEM) homeless, prostitutes.....
She would come in for her shift 7:00P-7:00A)as well as before she left her shift, would go in rooms to check her patients for her shift. She would look for the missing outside on the roof SMOKING WITH THEIR OXYGEN TANKS/TUBES STILL CONNECTED. They would ask her to help them back to their rooms, she would as how they got out to the roof. When they told her by themselves she would tell them that she's not going to die because their tank could explode, so you got out here yourself, then you can get yourself back to your room.
Seeing Drs/RNs smoking outside drives her bananas. How can you tell someone they need to stop smoking is hypocrisy.
They don't smoke. I do, so I know where the 2 designated outdoor smoking areas are - frankly, I was pleasantly surprised they had any. No smoking is allowed indoors, or in the center courtyard, period. My in-laws can't even burn candles or incense in their unit!
Withdrawal is tough. If there is zero smoking allowed, or if he can't access the smoking areas, perhaps a facility would agree to administer patches?
I digress. I cannot imagine that you will have any success in forcing a facility to admit a smoker who makes freedom to smoke a condition of his admission. You have to appreciate that all kinds of environmental and employment legislation now oblige the facility to keep cigarette smoke away from all the other residents and employees.
His right to continue his lifestyle as he has always enjoyed it is important, but it's not going to override other people's right to the legal protections that have now been brought in. Having said that, I'd keep looking. Some facilities are more committed to individual freedoms and choices than others, and give it more thought.
At assisted living facilities, I have seen several recently with smoking areas for the residents that are outside, and I've seen those resident's out there alone.