Creating the restroom emergency access Act, and providing civil penalties

This bill provides for emergency access to an employee restroom facility in retail establishments for individuals with eligible medical conditions. The bill creates the “Restroom Emergency Access Act”. The bill defines “eligible medical condition”, which includes Crohn’s disease, ulcerative colitis, or any other inflammatory bowel disease, irritable bowel syndrome, any condition requiring the use of an ostomy device, and any other medical condition that requires immediate access to a restroom facility; “employee restroom facility”; “health care professional”; and “retail establishment”. The bill requires a retail establishment (establishment) that has an employee restroom facility (employee restroom) and does not normally make the employee restroom available to the public to allow a consumer emergency access to the employee restroom during normal business hours if the employee restroom is maintained in a reasonably safe manner and certain conditions as detailed in the bill are met. The bill does not require an establishment to make any physical changes or improvements to an employee restroom. If an act or omission of an establishment or an agent of an establishment, in allowing employee restroom access to a consumer as required under the bill, results in injury or death to the consumer, the establishment and the agent of the establishment that allowed the consumer access are immune from civil liability if the act or omission is not grossly negligent. The bill provides for types of acceptable written documentation and directs the department of health and human services (HHS) to develop a standard electronic form that may be used by a health care professional to provide an acceptable signed statement. The bill directs HHS to adopt rules to administer the bill. An establishment or an employee of an establishment that refuses to provide a consumer emergency access to an employee restroom violates the bill. For a first violation, the city or county attorney shall issue a warning letter to the establishment and any employee of the establishment that denied emergency access, informing the establishment and the employee of the requirements of the bill. For a second or subsequent violation, the establishment or employee is subject to a civil penalty of $200. The bill also provides that an individual who forges, alters, improperly transfers, or knowingly possesses and uses forged or altered written documentation is subject to a civil penalty of $200.