S.F. 2014 Section 1. NEW SECTION . 137H.1 Short title. 1 This chapter shall be known and may be cited as the “Restroom 2 Emergency Access Act” . 3 Sec. 2. NEW SECTION . 137H.2 Definitions. 4 As used in this chapter unless the context otherwise 5 requires: 6 1. “Consumer” means an individual who is lawfully on the 7 premises of a retail establishment. 8 2. “Eligible medical condition” means all of the following: 9 a. Crohn’s disease, ulcerative colitis, or any other 10 inflammatory bowel disease. 11 b. Irritable bowel syndrome. 12 c. Any condition requiring the use of an ostomy device. 13 d. Any other medical condition that requires immediate 14 access to an employee restroom facility. 15 3. “Employee restroom facility” means a restroom that is 16 intended only for use by employees of a retail establishment 17 and not for use by the public. 18 4. “Health care professional” means an individual licensed 19 under chapter 148 to practice medicine and surgery or 20 osteopathic medicine and surgery, a registered nurse or an 21 advanced registered nurse practitioner licensed under chapter 22 152 or an advanced practice registered nurse licensed under 23 chapter 152E, or a physician assistant licensed to practice 24 under chapter 148C. 25 5. “Ostomy device” means a medical device that creates an 26 artificial passage for the elimination of body waste. 27 6. “Restroom” means a room containing a toilet. 28 7. “Retail establishment” means a place of business 29 regularly open to the public in which the retail sale of 30 goods or services to the ultimate consumer is the principal 31 business conducted, and includes professional corporations 32 and other entities where legal, medical, dental, engineering, 33 architectural, or other professional services are delivered. 34 “Retail establishment” does not include a residence unless 35 -1- LSB 5383XS (5) 91 ak/ko 1/ 5

S.F. 2014 the residence is regularly open to the public as a place of 1 business. 2 Sec. 3. NEW SECTION . 137H.3 Retail establishment —— 3 consumer emergency access to employee restroom facilities. 4 1. A retail establishment that has an employee restroom 5 facility and does not normally make a restroom available to the 6 public shall allow a consumer to have emergency access to the 7 employee restroom facility during normal business hours if the 8 employee restroom facility is maintained in a reasonably safe 9 manner and all of the following conditions are met: 10 a. The consumer requesting emergency access to the employee 11 restroom facility suffers from an eligible medical condition 12 and provides written documentation pursuant to this chapter 13 of the consumer’s eligible medical condition to the retail 14 establishment. 15 b. A public restroom is not immediately accessible to the 16 consumer. 17 c. A sufficient number of employees of the retail 18 establishment are working so that the consumer accessing 19 the employee restroom facility does not cause the retail 20 establishment to cease or significantly curtail normal business 21 operations. 22 d. The employee restroom facility is located in an area of 23 the retail establishment that does not present an obvious risk 24 to the health or safety of the consumer or an obvious security 25 risk to the retail establishment. For the purposes of this 26 paragraph: 27 (1) “Obvious risk to the health or safety of the consumer” 28 means a situation where accessing the employee restroom 29 facility requires the consumer to traverse an area where 30 manufacturing or heavy equipment is in use, items are stored on 31 high shelving, adequate lighting is not present, the flooring 32 is wet or slippery, or hazardous materials are used or stored. 33 (2) “Obvious security risk” means a situation that exposes 34 the consumer to sensitive company documents, materials, or 35 -2- LSB 5383XS (5) 91 ak/ko 2/ 5

S.F. 2014 trade secrets. 1 2. This section shall not require a retail establishment 2 to make any physical changes or improvements to an employee 3 restroom facility. 4 Sec. 4. NEW SECTION . 137H.4 Liability. 5 If an act or omission by a retail establishment or an agent 6 of a retail establishment, in allowing a consumer access to an 7 employee restroom facility as required by this chapter, results 8 in injury or death to the consumer, the retail establishment 9 and the agent of the retail establishment that allowed the 10 consumer access are immune from civil liability if the act or 11 omission is not grossly negligent. 12 Sec. 5. NEW SECTION . 137H.5 Written documentation of 13 eligible medical condition —— rules. 14 1. All of the following shall be accepted as written 15 documentation of a consumer’s eligible medical condition: 16 a. A copy of a statement signed by a consumer’s health care 17 professional that indicates the consumer has been formally 18 diagnosed with an eligible medical condition. 19 b. An identification card issued by a nationally recognized 20 health organization, approved by the department, that indicates 21 the consumer has been formally diagnosed with an eligible 22 medical condition. 23 2. The department shall develop a standard electronic form 24 that may be used by a health care professional to provide 25 the signed statement as described in subsection 1. The form 26 shall include a brief description of the consumer’s rights 27 under this chapter and shall be made available to the public 28 electronically. This subsection shall not be construed to 29 require the department to distribute printed versions of the 30 form. 31 3. The department shall adopt rules pursuant to chapter 17A 32 to administer this section. 33 Sec. 6. NEW SECTION . 137H.6 Violations —— penalties. 34 1. A retail establishment or an employee of a retail 35 -3- LSB 5383XS (5) 91 ak/ko 3/ 5

S.F. 2014 establishment that refuses to provide a consumer emergency 1 access to an employee restroom facility as required by this 2 chapter is subject to the penalties specified in this section. 3 2. a. For a first violation of this chapter, the city or 4 county attorney shall issue a warning letter to the retail 5 establishment and to any employee of the retail establishment 6 that committed the violation, informing the retail 7 establishment and the employee of the retail establishment of 8 the requirements of this chapter. 9 b. A retail establishment or an employee of a retail 10 establishment that subsequently violates this chapter after 11 receiving a warning letter pursuant to paragraph “a” is subject 12 to a civil penalty of two hundred dollars. 13 3. An individual who forges, alters, improperly transfers, 14 or knowingly possesses and uses forged or altered written 15 documentation described in section 137H.5 is subject to a civil 16 penalty of two hundred dollars. 17 EXPLANATION 18 The inclusion of this explanation does not constitute agreement with 19 the explanation’s substance by the members of the general assembly. 20 This bill provides for emergency access to an employee 21 restroom facility in retail establishments for individuals with 22 eligible medical conditions. 23 The bill creates the “Restroom Emergency Access Act”. 24 The bill defines “eligible medical condition”, which 25 includes Crohn’s disease, ulcerative colitis, or any other 26 inflammatory bowel disease, irritable bowel syndrome, any 27 condition requiring the use of an ostomy device, and any 28 other medical condition that requires immediate access to a 29 restroom facility; “employee restroom facility”; “health care 30 professional”; and “retail establishment”. 31 The bill requires a retail establishment (establishment) 32 that has an employee restroom facility (employee restroom) 33 and does not normally make the employee restroom available 34 to the public to allow a consumer emergency access to the 35 -4- LSB 5383XS (5) 91 ak/ko 4/ 5

S.F. 2014 employee restroom during normal business hours if the employee 1 restroom is maintained in a reasonably safe manner and certain 2 conditions as detailed in the bill are met. The bill does 3 not require an establishment to make any physical changes or 4 improvements to an employee restroom. If an act or omission of 5 an establishment or an agent of an establishment, in allowing 6 employee restroom access to a consumer as required under 7 the bill, results in injury or death to the consumer, the 8 establishment and the agent of the establishment that allowed 9 the consumer access are immune from civil liability if the act 10 or omission is not grossly negligent. 11 The bill provides for types of acceptable written 12 documentation and directs the department of health and human 13 services (HHS) to develop a standard electronic form that may 14 be used by a health care professional to provide an acceptable 15 signed statement. The bill directs HHS to adopt rules to 16 administer the bill. 17 An establishment or an employee of an establishment that 18 refuses to provide a consumer emergency access to an employee 19 restroom violates the bill. For a first violation, the 20 city or county attorney shall issue a warning letter to the 21 establishment and any employee of the establishment that denied 22 emergency access, informing the establishment and the employee 23 of the requirements of the bill. For a second or subsequent 24 violation, the establishment or employee is subject to a civil 25 penalty of $200. The bill also provides that an individual who 26 forges, alters, improperly transfers, or knowingly possesses 27 and uses forged or altered written documentation is subject to 28 a civil penalty of $200. 29 -5- LSB 5383XS (5) 91 ak/ko 5/ 5