SF 2038 (LSB 5296XS (3) 83)

SENATE FILE 2038

BY  DANDEKAR

A BILL FOR

An Act to require retail establishments to make restroom facilities available to certain members of the public, providing a penalty, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  137G.1  Short title.

   This chapter shall be known and may be cited as the “Restroom Access Act”.
    Sec. 2.  NEW SECTION.  137G.2  Definitions.

   For purposes of this chapter, the following definitions apply:

   1.  “Customer” means an individual who is lawfully on the premises of a retail establishment.
   2.  “Eligible medical condition” means Crohn’s disease, ulcerative colitis, or any other inflammatory bowel disease; irritable bowel syndrome; any other medical condition that requires immediate access to a toilet facility; or a condition that requires the use of an ostomy device.
   3.  “Health professional” means a physician, osteopathic physician, physician assistant, or advanced registered nurse practitioner licensed or certified to practice in this state.
   4.  “Retail establishment” means a place of business open to the general public for the sale of goods or services.
    Sec. 3.  NEW SECTION.  137G.3  Customer access to restroom facilities in retail establishments.
  A retail establishment that has a toilet facility for its employees shall allow a customer to use that facility during normal business hours if the toilet facility is reasonably safe and all of the following conditions are met:
   1.  The customer requesting the use of the employee toilet facility suffers from an eligible medical condition and can provide the retail establishment with evidence of the customer’s eligible medical condition. Such evidence may include a copy of a statement signed and dated by a health professional or a person acting under the delegation and supervision of a health professional that indicates the customer suffers from an eligible medical condition.
   2.  The retail establishment does not normally make a restroom available to the public.
   3.  The employee toilet facility is not located in an area where providing access would create an obvious health or safety risk to the customer or an obvious security risk to the retail establishment or its employees.
   4.  A public restroom is not immediately accessible to the customer.
    Sec. 4.  NEW SECTION.  137G.4  Liability.
   1.  A retail establishment or an employee of a retail establishment is not civilly liable for any act or omission in allowing a customer that has an eligible medical condition to use an employee toilet facility that is not a public restroom if the act or omission meets all of the following:
   a.  It is not willful or grossly negligent.
   b.  It occurs in an area of the retail establishment that is not accessible to the public.
   c.  It results in an injury to or death of the customer or any individual other than an employee accompanying the customer.
   2.  A retail establishment is not required to make any physical changes to an employee toilet facility under this chapter.
    Sec. 5.  NEW SECTION.  137G.5  Penalty.
  A retail establishment or an employee of a retail establishment that violates this chapter commits a simple misdemeanor.
    Sec. 6.  EFFECTIVE UPON ENACTMENT.  This Act, being deemed of immediate importance, takes effect upon enactment.
EXPLANATION
   This bill requires that retail establishments provide restroom access for certain customers having documented medical conditions affecting continence. A violation of this requirement is a simple misdemeanor.
   The bill takes effect upon enactment.