The EHPAD's dilemma in the face of smoking

In EHPADs, rooms are considered as substitutes for home. In France, smoking is therefore not prohibited under the decree of 15 November 2006. However, the director of the establishment may decide to prohibit smoking in rooms for health or safety reasons.

The director of an EHPAD is faced with a duality of texts regarding smoking in his establishment. While he must ensure a harmonious community life and protect residents from the harmful effects of tobacco, he must also deal with the issue of the individual freedoms of his residents, in particular those guaranteed by the Charter of Rights and Freedoms of Dependent Persons and by the Charter of Rights and Freedoms of Persons Welcomed.

In this context, the internal regulations are essential to balance these two dimensions of the residents' lives. It turns out in particular that the concern to ensure the protection of non-smokers is a priority. The Circular of May 15, 2007 also specifies that establishments accommodating people in retirement homes must be equipped with fire protection equipment. The ban on smoking in the rooms is part of this concern to prevent fires by avoiding risky behavior.

This dilemma can be resolved, for example, if the person in charge of the establishment chooses to set up outdoor smoking areas. As a reminder, approximately 10% of seniors smoke. (link to article on senior smoking).