The 131st Annual Meeting (November 15-19, 2003) of APHA

Abstract #63242

Jamie F. Chriqui, PhD, MHS¹, Joanna M. King, JD¹, and Regina el Arculli, MA². (1) Center for Health Policy and Legislative Analysis, The MayaTech Corporation, 1100 Wayne Avenue, Suite 900, Silver Spring, MD 20910-3921, 301-587-1600, jchriqui@mayatech.com, (2) Office of Policy Analysis and Response, National Cancer Institute, Building 31, Room 10A-48, 31 Center Drive, MSC 2580, Bethesda, MD 20892-2580

Legislation designed to restrict smoking in public places has been enacted by nearly every state legislature in the United States. Traditionally, legislation sets the framework for public policies implemented in the states. Implementation of state laws is often preceded by the promulgation of an administrative rule or regulation by the executive agency within the state responsible for implementing the law. In this paper, we compare and contrast the extensiveness of state laws designed to restrict smoking in public places with regulations aimed at implementing the laws. We build upon the tobacco legislative ratings system developed under the National Cancer Institute?s State Cancer Legislative Database (SCLD) program by measuring the extensiveness of regulations designed to restrict smoking in public places. The data are cross-sectional reflecting laws and regulations in effect as of the end of 2002--representing both new legislative and regulatory ratings data. We assess state-level restrictions in seven locations: government worksites, private worksites, schools, child daycare centers, restaurants, retail stores, and recreational and cultural facilities. Preliminary analyses indicate that the regulatory provisions are more stringent than the legislative provisions in the areas of government worksites, schools, and child daycare centers. Interestingly, in many instances, the implementation regulations are weaker than the legislative provisions indicating that the implementation regulations will not necessarily follow the provisions of the law and often are more dependant on circumstances, priorities, political and budgetary factors within the state and the executive branch of the state government.

Learning Objectives:

• At the conclusion of this presentation, participants will be able to describe the differences in state legislation versus regulations aimed at reducing exposure to environmental tobacco smoke.

Keywords: Tobacco Legislation,

Related Web page: www.scld-nci.net/

Presenting author's disclosure statement:
I have a significant financial interest/arrangement or affiliation with any organization/institution whose products or services are being discussed in this session.
Relationship: NCI/Contract