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Belindaevens,
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.
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In my state there is no smoking in public areas. ALs and NHs have public areas. And with residents having Dementia, its a fire hazard. My Dad was a smoker and he didn't take others in consideration. They are trying to stop smoking on the beaches.
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smoking is extremely dangerous to everyone on oxygen. It’s a fire hazard to everyone honestly. Not just people with dementia. My paternal grandmother died in a fire after she fell asleep smoking in bed! she was only in her 40s.
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We're in California, my in-laws recently moved to an all-levels Senior Living facility.

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?
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One SNF I worked at it was smoke free...they did allow at one time Residents to smoke, but staff held cigarettes and lighters. Most places are smoke free in Jersey.
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Yes it is totally legally. There is no law that’s says long term care facilities must allow smoking. They are legally allowed to be smoke free zones.
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The ethically perfect facility will make arrangements for a resident to smoke if he wishes to. I have personally seen it done with considerable imagination - my mother and I passed a gentleman in a wheelchair for whom a little booth had been set up in the facility's garden, and he was peacefully enjoying a roll-up. That, and the chicken coop, and the resident cat, and the design of the walkways - they had a raised fish pool so that residents could reach in and feel the carp, even - were part of what made this a place I longed to get my mother into; but it was not to be, alas.

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.
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Are you talking about nursing homes? or Assisted Living facilities? In my experience, many nursing homes are becoming completely smoke free, for both patients and staff. If they think that a potential patient will cause a fuss about not smoking, they don't have to admit them. They would prefer an "easy" patient, and they are many waiting on the list.

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.
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I don’t think there is any law forcing a facility to admit any particular person. I don't know of anywhere that outlaws discrimination on the basis of smoking. Many places have an outdoor area where smokers can go themselves, and you should be looking for one of those places. Facilities may not be willing for staff to spend time taking the smoker outside, and would almost certainly be unwilling for anyone to smoke in a public area inside or in their own room. Smoking in bed is still one or the major causes of house fires! It’s a problem that’s becoming more and more difficult for long term smokers.
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