Senate File 2038 - Introduced SENATE FILE 2038 BY DANDEKAR A BILL FOR An Act to require retail establishments to make restroom 1 facilities available to certain members of the public, 2 providing a penalty, and including effective date 3 provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5296XS (3) 83 jr/nh

S.F. 2038 Section 1. NEW SECTION . 137G.1 Short title. 1 This chapter shall be known and may be cited as the “Restroom 2 Access Act”. 3 Sec. 2. NEW SECTION . 137G.2 Definitions. 4 For purposes of this chapter, the following definitions 5 apply: 6 1. “Customer” means an individual who is lawfully on the 7 premises of a retail establishment. 8 2. “Eligible medical condition” means Crohn’s disease, 9 ulcerative colitis, or any other inflammatory bowel disease; 10 irritable bowel syndrome; any other medical condition that 11 requires immediate access to a toilet facility; or a condition 12 that requires the use of an ostomy device. 13 3. “Health professional” means a physician, osteopathic 14 physician, physician assistant, or advanced registered nurse 15 practitioner licensed or certified to practice in this state. 16 4. “Retail establishment” means a place of business open to 17 the general public for the sale of goods or services. 18 Sec. 3. NEW SECTION . 137G.3 Customer access to restroom 19 facilities in retail establishments. 20 A retail establishment that has a toilet facility for its 21 employees shall allow a customer to use that facility during 22 normal business hours if the toilet facility is reasonably safe 23 and all of the following conditions are met: 24 1. The customer requesting the use of the employee toilet 25 facility suffers from an eligible medical condition and 26 can provide the retail establishment with evidence of the 27 customer’s eligible medical condition. Such evidence may 28 include a copy of a statement signed and dated by a health 29 professional or a person acting under the delegation and 30 supervision of a health professional that indicates the 31 customer suffers from an eligible medical condition. 32 2. The retail establishment does not normally make a 33 restroom available to the public. 34 3. The employee toilet facility is not located in an area 35 -1- LSB 5296XS (3) 83 jr/nh 1/ 2

S.F. 2038 where providing access would create an obvious health or safety 1 risk to the customer or an obvious security risk to the retail 2 establishment or its employees. 3 4. A public restroom is not immediately accessible to the 4 customer. 5 Sec. 4. NEW SECTION . 137G.4 Liability. 6 1. A retail establishment or an employee of a retail 7 establishment is not civilly liable for any act or omission in 8 allowing a customer that has an eligible medical condition to 9 use an employee toilet facility that is not a public restroom 10 if the act or omission meets all of the following: 11 a. It is not willful or grossly negligent. 12 b. It occurs in an area of the retail establishment that is 13 not accessible to the public. 14 c. It results in an injury to or death of the customer 15 or any individual other than an employee accompanying the 16 customer. 17 2. A retail establishment is not required to make any 18 physical changes to an employee toilet facility under this 19 chapter. 20 Sec. 5. NEW SECTION . 137G.5 Penalty. 21 A retail establishment or an employee of a retail 22 establishment that violates this chapter commits a simple 23 misdemeanor. 24 Sec. 6. EFFECTIVE UPON ENACTMENT. This Act, being deemed of 25 immediate importance, takes effect upon enactment. 26 EXPLANATION 27 This bill requires that retail establishments provide 28 restroom access for certain customers having documented 29 medical conditions affecting continence. A violation of this 30 requirement is a simple misdemeanor. 31 The bill takes effect upon enactment. 32 -2- LSB 5296XS (3) 83 jr/nh 2/ 2