THE SENATE	S.B. NO.	2440
THIRTY-FIRST LEGISLATURE, 2022
STATE OF HAWAII

A BILL FOR AN ACT

relating to tobacco use disorder treatment.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that, according to the Centers for Disease Control and Prevention (CDC), a person with a mental health issue, substance abuse disorder, or both, are more likely to use tobacco than a person without these behavioral health conditions and are more likely to die from a smoking-related illness than from their behavioral health conditions. According to the National Institute on Alcohol Abuse and Alcoholism, over eighty per cent of alcoholics are current smokers and most of these smokers are nicotine dependent. Additionally, nicotine and opioid addiction have been found to be mutually reinforcing, whereas smoking cessation is associated with long-term abstinence after opioid treatment.

The legislature further finds that smoking cessation reduces smoking-related disease risk and could improve mental health and substance use disorder recovery outcomes. The CDC research also shows that patients who are simultaneously treated for tobacco use disorders while receiving addiction treatment have a twenty-five per cent increase in the likelihood of substance use abstinence one year after treatment compared to those not treated for tobacco use disorders. Despite these statistics, a 2016 CDC report revealed that sixty-four per cent of substance abuse treatment facilities screened patients for tobacco use, forty-seven per cent offered tobacco cessation counseling, and only thirty-five per cent had smoke-free campuses.

The purpose of this Act is to require special treatment facilities, nonhospital facilities, or programs providing care or treatment of alcohol dependent or drug dependent persons that are certified or licensed by the department of health to assess a patient or client for use of all tobacco products at the time of the initial intake and take certain actions if the patient or client has a tobacco use disorder.

SECTION 2. Chapter 334, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§334-   Initial intake; tobacco assessment; requirements. (a) A special treatment facility, nonhospital facility, or program providing care or treatment of alcohol dependent or drug dependent persons that has been certified or licensed by the department shall assess each patient or client for use of all tobacco products at the time of the initial intake. This assessment shall include questions recommended in the most recent version of the Diagnostic and Statistical Manual of Mental Disorders under tobacco use disorder, or similar evidence-based guidance, for determining whether an individual has a tobacco use disorder.

(b) For a patient or client with a tobacco use disorder, the facility or program shall do all of the following:

(1) Provide information to the patient or client on how continued use of tobacco products could affect their long-term success in recovery from substance use disorder;

(2) Recommend treatment for tobacco use disorder in the treatment plan; and

(3) Offer either treatment, subject to the limitation of the license or certification issued by the department, or a referral for treatment for tobacco use disorder.

(c) For purposes of this section "tobacco products" has the same meaning as defined in section 245-1."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect on July 1, 2023.

INTRODUCED BY:

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Report Title:

Department of Health; Special Treatment Facilities; Mandatory Tobacco Assessment; Tobacco Use Disorder; Treatment

Description:

Requires facilities providing treatment for substance abuse disorders to assess a patient or client for use of all tobacco products at the time of their initial intake and take certain actions if the patient or client is determined to have a tobacco use disorder. Effective July 1, 2023.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.