Licensed Residential Healthcare Facilities
Minnesota Clean Indoor Air Act

Prohibited smoking

Aside from the specific situations listed in the next section, smoking and vaping is banned in all areas of healthcare facilities.

Permitted smoking

Unless a facility has adopted a campus-wide smoke-free policy or is subject to local ordinance, patients or residents of nursing homes, boarding care facilities and licensed and licensed residential facilities for adults are permitted to smoke or vape in a designated separate, enclosed room.

• Nursing Homes are permitted to be either "smoking-permitted" or "smoke-free." Where smoking is permitted, smoking is restricted to a designated room that includes mechanical ventilation in accordance with Minnesota Rules, parts 4658.4515 and 4658.4520.
• Assisted Living Facilities prohibit indoor smoking except is a designated separate, enclosed room maintained in accordance with applicable state and federal laws.
• Boarding Care Homes (Minnesota Rules 4655) follow the same protocol as nursing homes. 
• Supervised Living Facilities may permit smoking in a designated separate, enclosed room in accordance with Minnesota Rules part 4665.5200.
• Residential Hospices may permit smoking within the facility (Minnesota Rules, part 4664.0520). The rule permits smoking in a bedroom where mechanical ventilation is installed. Information about ventilation requirements can be found in Minnesota Rules, part 4664.0520, subpart 3.
• Adult Foster Care Facilities (defined in MN Chapter 9555, Rule 203) and Community Residential Settings (defined in MN Statute 245D) do not have specific rule language about smoking. Smoking is permissible in accordance with the MCIAA (in designated separate, enclosed room).  

Additional requirements

• Smoking is allowed only for patients and residents of a facility. Facility staff, volunteers, and guests are banned from smoking indoors in these facilities.
• Smoking must be limited to designated separate, enclosed room. No smoking is allowed in rest of the facility.
• A sign must be posted at each entrance to the facility that states: "Smoking is prohibited, except in designated areas."
• The designated smoking room must have a sign posted at the entrance that states "Smoking Permitted" or displays the international smoking-permitted symbol.

Outdoor smoking

The MCIAA does not prohibit outdoor smoking, regardless of the distance from the building openings such as doors or windows. The law does not address the drift of smoking coming from the outside. Some cities have local ordinances that restrict smoking by entrances.

Compliance and enforcement

The Minnesota Department of Health (MDH) enforces the MCIAA and may delegate compliance activities to local governments. Enforcement of the MCIAA is compliant based. To file a complaint, please contact the MDH at health.indoorair@state.mn.us

Local law enforcement has the authority to issue petty misdemeanor citations to businesses and people who knowingly fail to comply with the MCIAA.

Retaliation prohibited

An employer, manager or other person in charge cannot fire, refuse to hire, penalize, discriminate, or retaliate against an employee, applicant, or customer who exercises any right to a smoke-free environment provided under the MCIAA.