Utah Board of Regents 'Smoke Free policy'

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afrazier5

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The Utah Board of Regents wants to implement a rule which would ban the use of e-cigs ANYWHERE on the property of U of U hospitals or clinics (Including parking lots, sidewalks, etc.). They are proposing this as part of their "Smoke-free" policy, but have lumped vaping in with smoking.

From their website: INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/01/2011

DIRECT QUESTIONS REGARDING THIS RULE TO:
- Robert Payne by phone at 801-585-7002, by FAX at 801-585-7007, or by Internet E-mail at robert.payne@legal.utah.edu

THIS RULE MAY BECOME EFFECTIVE ON: 07/08/2011

FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
DAR File No. 34808 (Rule R805-5) UT Bull 2011-11 (06/01/2011)
 

afrazier5

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We here in Utah ask that everyone jump on this one and help us fight the next line of battles in our state. You can do this by burning up the email accounts, phone lines and fax lines for Mr. Payne. Below is my letter I emailed him just a few minutes ago:

afrazier5 said:
Dear Mr. Payne,

It has been brought to my attention that proposed Rule R805-5, which seeks to remove smoking from U of U hospitals and clinics also includes electronic cigarettes in with the definition of smoking. This is something which I must protest as it appears to be a decision being made without all the true facts and does not follow the Utah state definition of "Smoking" which is: “the possession of any lighted tobacco product in any form.”

According to the notice of the proposed rule, the purpose for creating the rule is, "to provide patients, visitors, employees, and students, a smoke-free environment upon their entrance to University of Utah Hospitals and Clinics (UUHC) facilities. Prohibiting smoking within only 25 feet of entrances to UUHC facilities is often insufficient, as patients, visitors, employees, and students would often have to walk through clouds of smoke to get from their parking or drop-off spot to the front doors of the UUHC facility."

I don't know how familiar you are with electronic cigarettes, or if you have ever been around anyone who is using one. If you stop reading here, the one point in regards to the proposed rule I wish to make clear is:

Electronic Cigarettes produce vapor, NOT smoke.

This very vapor is produced through the heating of pharmaceutical Propylene Glycol which as a medical professional I’m sure you are familiar with. This is the VERY same Propylene Glycol found in thousands of over the counter and prescription medicines, sodas and foods consumed every day.

Electronic Cigarettes do not combust; there is no side-stream smoke, they have no carbon monoxide, no foul odor, no butts to discard on the ground and no ashes. The vapor exhaled dissipates in a manner of seconds and cannot be detected by sense of smell beyond just a few feet (It is also a pleasant perfumed odor). Consumers of the product also do not smell of stale cigarette smoke which is a common complaint amongst non-smoking patients.

Electronic Cigarettes have been proven scientifically to be thousands of times safer than traditional cigarettes by Health New Zealand: Ecigarette mist harmless, inhaled or exhaled

The University’s own Tobacco Free Campus policy specifically references the Utah Clean Air act which does not in any form recognize nor reference electronic cigarettes.
I have been a personal consumer of electronic cigarette for 6 months and I made the choice to switch to electronic cigarettes after years of frustration and failed attempts at every other method out there. I have not had a single cigarette since the day I made the switch. I had smoked for 24 years, since the tender age of 16. I tried quitting numerous times using every method of medicine on the market including cold turkey. Each time I failed miserably and even had significant side effects from the OTC and prescription methods prescribed by your very own medical professionals.

Mr. Payne, I thank you for your time and the excellent work you and your staff do for the Utah residents at the U of U. However I would like to point out that according to the U of U’s own mission statement:

University of Utah Hospital's goal is to continually improve individual and community health and quality of life through patient care, education, AND research. To accomplish this, the Hospital provides compassionate care without compromise, educates scientists and health care professionals for the future, and engages in research to advance knowledge and well-being.

These VERY products you are trying to ban from your campus’s are nothing short of a miracle for millions of consumers worldwide. Don’t you feel that a product which has this exponential success rate, deserves the scientific research and education that your very own institution was founded upon and receives hundreds of millions of research dollars for?

After pointing out these factual statements, I see no apparent reason for the ban of e-cigarettes which would go along with the stated purpose for creating this proposal. As someone who has been a patient and a visitor of U of U hospitals and clinics, I feel that my input deserves consideration.
I would be happy to talk to you and/or the board regarding this. Please feel free to contact me via email, or by phone at 801-<edit> or if you call in the next 2 weeks, 801-<edit>.

Kind Regards,
Aaron Frazier
West Valley, Utah
 
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Jacinda222

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Thanks for the heads up on this one Greg! In my opinion, this is a sneaky way for the antis to try to get the definition of "smoking" to include e-cigarette use, without having to go through the entire legislative process first.

The Utah Board of Regents is actually a part of the Utah State Government's Executive Branch. So as far as I can tell, if this rule gets approved as written, it will effectively create a governmental definition of smoking which includes e-cigs.

We can't let that happen!
 

afrazier5

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Jacinda - we should email Gov'r Herbert as well via his contact page. The board is mostly appointed by him and if this is a board decision, they should follow the exact same process as everyone else.

I'm leaving in about an hour and will be out of touch for the next couple weeks but please folks, keep up the fights. Jacinda and I cannot do this alone here in Utah...it takes EVERYONE!
 

Jacinda222

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Just received this email:

Dear Jacinda Ross,

Thank you for taking the time to share your comments and thoughts regarding electronic cigarettes. Over the past few days our office has received several similar comments. We are therefore going to take a further look into whether it is appropriate to include electronic cigarettes within proposed Rule R805-5’s definition of “smoking.”

Best,

Platte Nielson
Research Attorney
Office of General Counsel
University of Utah

Hopefully they realize what a bad move this would be, and get this proposed rule changed!
 

Placebo Effect

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I received a phone call from the Office of the General Counsel in response to my question last week as to whether or not a public hearing would be held.

It appears that it was the hospital's board that requested e-cigarettes be included, but they're considering removing them because of e-mails received.

Aaron and Jacinda, keep those letters from Utah vapers coming!
 

MattZuke

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I tossed a fax

Robert Payne
University Of Utah Associate General Counsel
Voice- 801-585-7002, FAX 801-585-7007 E-mail - robert.payne@legal.utah.edu

Dear Mr. Payne,

It’s come to my attention that proposed Rule R805-5, which seaks to remove “smoking” from U of U hospitals and clinics includes “electronic cigarettes” with the definition of smoking. The technical term is personal vaporizer, or PV. Users of PVs are known vapers.

Paraffin candles produce smoke(1). Glade Plug-ins produce vapor. Both cary a HMIS health rating of 2, moderate health risk temporary or minor injury may occur. “Electronic cigarettes” are similar to Glade Plug-ins except an average user produces less vapor than a glade, and the HMIS rating of the base material, propylene glycol and/or vegetable glycerin, has a HMIS rating of 0, No significant risk to health.

It leaves the nicotine, which according to the NZ study(2) 98% is absorbed by the user, and there is no side stream smoke. The FDA still allows nicotine as a pesticide up to 40% in concentration where a high nicotine cartridge is 2.6% in concentration, and 1ml represents daily use. This is 2000x less than what the FDA considers to be safe for secondary exposure at the lips of a vaper, and this organic pesticide has been in use for over 200 years. We get more exposure to nicotine though catsup and egg plant, but those are considered to be safe since the half life of nicotine is 1hr.

To date, the only way for most cigarette users to quit smoking is to die, die of cancer, die of asthma, die of heart disease, or generally die prematurely. It represents the number one preventable form of death, however to date the pharmaceutical community best product to address cigarette addition is only 7% effective after 24 months. While the role PVs play in cessation needs further study, it’s an observed fact that those who use cigarette replacement products like PVs either greatly reduce their cigarette consumption, or totally replace it. While unregulated, in laboratory tests, the level of refinement equals or exceeds that of pharmaceutical products. The economic damage a cigarette product represents to big tobacco is real. Even NRPs like the patch, when a 10% increase in sales was observed, a .076% reduction in cigarette sales was observed (3), and this is for a relatively ineffective product. PVs as a CRP have been observed in the Nl study

Banning PVs where candles and Glade Plug-in are already banned is the only thing that would seem to be indicated at this juncture. Laws banning smoking were put into place because objective evidence existed that second hand smoking caused harm. You’ll find NO evidence that vapor use affects air quality, and if it did, we should ban smoke machines which thousands of times more fluid per hour than a person would consume in a year. Further study is welcome, esp their role in cessation, the long term health impact of nicotine, inhaling flavors. But given FDA food grade flavorings, and given theses are approved for baking and human consumption, and given unregulated scented candles don’t use the same grade of materials, we can accept as an objective fact the risk to bystanders is less than what is already considered to be acceptable.

Yours truly

Mattxxxxx
xxxxx
(xxx) xxx-xxxx

1. American Chemical Society, Paraffin Candles Source of Carcinogens and Pollution, 2009-08-19. Paraffin Candles Source of Carcinogens and Pollution

2. Laugesen M. Health New Zealand. Presentation at the Society for Research on Nicotine and Tobacco conference, Dublin, April 30, 2009. http://www.healthnz.co.nz/DublinEcigBenchtopHandout.pdf
3. T. Hu, H. Sung, T. Keeler, and M. Marciniak, Cigarette consumption and sales of nicotine replacement products PMCID: PMC1766286 Cigarette consumption and sales of nicotine replacement products
4. 6. Jean-François, Chris BULLEN, Electronic cigarette: users profile, utilization, satisfaction and perceived efficacy, European Conference on Tobacco or Health, Amsterdam, The Netherlands, March 28-30, 2011. Electronic cigarette: users profile, utilization, satisfaction and perceived efficacy - ETTER - Addiction - Wiley Online Library.
 

DC2

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For future reference regarding long term smoking cessation rates...

Vocalek said:
Yes, it is from a meta-analysis. Moore D, Aveyard P, Connock M, Wang D, Fry-Smith A, Barton P. Effectiveness and safety of nicotine replacement therapy assisted reduction to stop smoking: systematic review and meta-analysis. Effectiveness and safety of nicotine replacement therapy assisted reduction to stop smoking: Effectiveness and safety of nicotine replacement therapy assisted reduction to stop smoking: systematic review and meta-analysis -- Moore et al. 338 -- bmj.com

Just to be specific, the success rates Moore found were 7% after 6 months, 5% at one year, dropping to 2% at 20 months.

The caveat here on those numbers is that they are for when the products are used as directed, to wean down and be off nicotine 12 weeks after starting treatment.

It has been found that using the products longer results in better success rates. There are some former smokers who use the products long-term to prevent relapse (i.e. as a permanent smokong replacement), and I'd bet that among those folks the success rates are nearly as high as for e-cigarettes.

The point seems to be that when nictoine "treatment" ends, relapse begins shortly thereafter for the overwhelming majority of those treated.
 

MattZuke

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Dear Mr. [me]

Thank you for your email regarding electronic cigarettes. Our office has received several similar comments over the past few days. Because of this, we are going to take a deeper look into whether it is appropriate to include electronic cigarettes within proposed Rule R805-5’s definition of “smoking.”

Best,

Platte Nielson
Research Attorney
Office of General Counsel
University of Utah
Telephone: 801.585.1387
Fax: 801.585.7007
platte.nielson@legal.utah.edu

I simply responded


Platte Nielson,

I appreciate your response, however it suggests that you consider use of personal vaporizers as "smoking". Smoke requires combustion and results in a chemical change. We know the difference between a smoked salmon, and a baked one. Lumping smokers with vapers puts vapers as risk from second hand smoke, the 3rd largest preventable form of early death.. It's also like asking an alcoholic to drink his rootbeer at a bar, and to ad insult to injury, they will stink.

To date, the most reliable method to quit smoking is to die, and despite the best efforts of Pfizer, their products promote cessation in only 3% of people over 20 months. It seems unreasonable to punish adults who have taken steps to avoid the number one cause of early death, and policies should reflect the objective fact that personal vaporizers are cigarette replacement products that reduce this risk by over 99%.

http://www.hsph.harvard.edu/centers-institutes/population-development/files/article.jphp.pdf
 

Placebo Effect

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A non-vaper friend in Utah who I told about this sent off a letter and got a similar e-mail from Ms. Nielson

Thank you for your email regarding the utility of electronic cigarettes. Our office has received many similar comments during the past week. Because of this, we have started the process of taking a deeper look into whether it is appropriate for the University to include electronic cigarettes within proposed Rule R805-5’s definition of “smoking.”
 
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