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2009 Wisconsin Act 12 took effect July 5, 2010, and amended state law restricting smoking under Wis. Stat. 101.123. As amended, Wis. Stat. 101.123 prohibits smoking in certain places, including all enclosed locations that are places of employment or that are public places. Smoking is specifically prohibited in any state institution and all inpatient health care facilities, including nursing homes, hospice, and veterans homes.
Wisconsin's Clean Indoor Air Act allows limited exemptions to prohibitions against smoking in assisted living facilities. Smoking is allowed in a room:
• used by only one person as his or her residence; or
• in which two or more persons reside if every person who lives in the room smokes and each of those persons has made a written request to the person in charge of the assisted living facility to be placed in a room where smoking is allowed.
Smoking is prohibited in facility offices, work areas, employee lounges, restrooms, and conference and meeting rooms. Assisted living facilities may choose to be smoke-free, allow smoking in resident rooms and /or designate an outdoor smoking area.
Pursuant to Wis. Stat. 165.60, both the Wisconsin Department of Justice and local law enforcement are authorized to enforce the provisions of the smoking ban.
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