A legislative committee on Tuesday rejected rules by the state Board of Health that would ban smoking in most public places, including rules approved by Gov. Frank Keating to prohibit smoking in ambulances and public areas of hospitals and nursing homes.

The sweeping anti-smoking rules were turned down after almost two hours of discussion in which members of the House Administrative Rule Review Committee accused the Board of Health of acting beyond its legal authority. "We've historically struck those rules and sent them back," said Rep. Dan Webb, R-Oklahoma City. State health officials said the rules were less a legal issue than one of public health that were drafted to protect Oklahomans from the dangers of secondhand smoke, which tests have shown contain cancer-causing chemicals. "We have to do something about tobacco consumption in this state," said Dr. Jay A. Gregory of Muskogee, former chairman of the board. Gregory said the board and state health officials "are up against a very strong and powerful lobby - the tobacco lobby." Lobbyists for various tobacco attended the committee's meeting. "I think it's time that we push the envelope on this issue," Gregory said. "I welcome this debate. This elevates this discussion of the use of tobacco of where we want it to be." The rules would ban smoking in restaurants, theaters, sports arenas, malls and most other places visited by the public. Dr. Leslie M. Beitsch, state commissioner of health, said Oklahomans rank 41st in the nation in overall health and that Oklahoma has the second highest incidence of cardiovascular disease in the nation. "My charge is the overall health of the community," he said. "The health status of Oklahomans is not being looked at seriously." The committee's attorney, Sara Kyte, said the rules appeared to violate the state Smoking in Public Places Act, which prevents administrative rules regarding smoking from pre-empting legislative guidelines. Beitsch said members of the board preferred that the Legislature act to limit indoor smoking. "We think they ought to be coming from the Legislature, but they haven't been," Beitsch said. The committee's action disapproving the rules must be approved by the House and Senate and signed by the governor before they take effect. A separate committee voted on Monday to prohibit smoking in the state Capitol except in designated areas that have separate ventilation. Keating had approved rules to prohibit smoking in ambulances and in public areas of assisted living facilities, hospitals, nursing homes and residential care homes. Indoor smoking rooms can be provided in each facility as long as they are not available to the public. Keating said he believed the rules did not conflict with existing law. "It's disappointing that the Legislature doesn't see it that way," said Keating's communications director, Dan Mahoney. Mahoney said the Legislature should amend state law to permit more restrictive rules on smoking. "The issue is what are we going to do on the public health end of it," he said. Keating rejected two other smoking guidelines that he said conflicted with state law: Rules that would prohibit smoking at adult care centers and birthing centers. Those rules, which Keating said conflict with state law, were later withdrawn by the board. "Secondhand smoke exposure to nonsmokers is a serious health risk," Keating said. "However, a non-elected board cannot change existing law."

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