Regulation detail

F-Tag F926

Up to date
Ask Ariadne
SR
F-Tag F926 active

§483.90(i)(5) Establish policies, in accordance with applicable Federal, State, and

Jurisdiction: CM Agency: Centers for Medicare & Medicaid Services
SNF (100%)
Plain-English summary

This F-Tag requires nursing facilities to establish and implement policies on smoking, designated smoking areas, and smoking safety that comply with applicable federal, state, and local laws, while also protecting nonsmoking residents. Facilities must prohibit the use of oxygen in or near smoking areas and ensure policies address residents, staff, visitors, and guests. Surveyors are directed to review smoking policies, inspect indoor and outdoor smoking areas, and interview residents who smoke to assess compliance.

View official source
Regulation text
F926
(Rev. 173, Issued: 11-22-17, Effective: 11-28-17, Implementation: 11-28-17) 
 
§483.90(i)(5) Establish policies, in accordance with applicable Federal, State, and 
local laws and regulations, regarding smoking, smoking areas, and smoking safety 
that also take into account nonsmoking residents. 
 
GUIDANCE: §483.90(i)(5) 
The use of oxygen in smoking areas and while smoking is forbidden. 
 
PROCEDURES: §483.90(i)(5) 
Review F689 guidance concerning smoking in the facility. 
 
As part of the overall review of the facility, look for signs of smoking by residents, staff, 
visitors, guests, and non-staff. 
 
Look for smoking areas both inside and outside of the facility. 
 
Review policies to determine if they have been developed and are being implemented in 
accordance with Federal, State and local laws and regulations in regards to smoking, 
smoking areas and smoking safety for both smoking and non-smoking residents. 
 
PROBES: §483.90(i)(5) 
Ask residents who smoke how the facility permits them to smoke. 

Does the facility allow smoking and how is it managed? 
 
§483.90(j) The standards incorporated by reference in this section are approved for 
incorporation by reference by the Director of the Office of the Federal Register in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may inspect a copy at the 
CMS Information Resource Center, 7500 Security Boulevard, Baltimore, MD or at 
the National Archives and Records Administration (NARA). For information on the 
availability of this material at NARA, call 202-741-6030, or go to: 
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.
html. If any changes in this edition of the Code are incorporated by reference, CMS 
will publish a document in the Federal Register to announce the changes. 
 
§483.90(j)(1) National Fire Protection Association, 1 Batterymarch Park, Quincy, 
MA 02169, www.nfpa.org, 1.617.770.3000. 
(i) NFPA 99, Standards for Health Care Facilities Code of the National Fire 
Protection Association 99, 2012 edition, issued August 11, 2011. 
(ii) TIA 12-2 to NFPA 99, issued August 11, 2011. 
(iii) TIA 12-3 to NFPA 99, issued August 9, 2012. 
(iv) TIA 12-4 to NFPA 99, issued March 7, 2013. 
(v) TIA 12-5 to NFPA 99, issued August 1, 2013. 
(vi) TIA 12-6 to NFPA 99, issued March 3, 2014. 
(vii) NFPA 101, Life Safety Code, 2012 edition, issued August 11, 2011; 
(viii) TIA 12-1 to NFPA 101, issued August 11, 2011. 
(ix) TIA 12-2 to NFPA 101, issued October 30, 2012. 
(x) TIA 12-3 to NFPA 101, issued October 22, 2013. 
(xi) TIA 12-4 to NFPA 101, issued October 22, 2013. 
 
§483.95 Training Requirements 
NOTE: As published in the Federal Register (Vol. 81, No. 192, 68688, 68698, October 4, 
2016), this entire section (§483.95) will be implemented in Phase 3 with the following 
exceptions, which will be implemented in Phase 1: 
(c) Abuse, neglect, and exploitation training; 
(g)(1) Regarding in-service training, (g)(2) dementia management & abuse prevention 
training, (g)(4) care of the cognitively impaired; and 
(h) Training of feeding assistants.