SF 2014 (LSB 5383XS (5) 91)

SENATE FILE 2014

BY  DONAHUE

A BILL FOR

An Act creating the restroom emergency access Act, and providing civil penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  137H.1  Short title.
   This chapter shall be known and may be cited as the “Restroom Emergency Access Act”.
    Sec. 2.  NEW SECTION.  137H.2  Definitions.
   As used in this chapter unless the context otherwise requires:
   1.  “Consumer” means an individual who is lawfully on the premises of a retail establishment.
   2.  “Eligible medical condition” means all of the following:
   a.  Crohn’s disease, ulcerative colitis, or any other inflammatory bowel disease.
   b.  Irritable bowel syndrome.
   c.  Any condition requiring the use of an ostomy device. 
   d.  Any other medical condition that requires immediate access to an employee restroom facility.
   3.  “Employee restroom facility” means a restroom that is intended only for use by employees of a retail establishment and not for use by the public. 
   4.  “Health care professional” means an individual licensed under chapter 148 to practice medicine and surgery or osteopathic medicine and surgery, a registered nurse or an advanced registered nurse practitioner licensed under chapter 152 or an advanced practice registered nurse licensed under chapter 152E, or a physician assistant licensed to practice under chapter 148C.
   5.  “Ostomy device” means a medical device that creates an artificial passage for the elimination of body waste. 
   6.  “Restroom” means a room containing a toilet. 
   7.  “Retail establishment” means a place of business regularly open to the public in which the retail sale of goods or services to the ultimate consumer is the principal business conducted, and includes professional corporations and other entities where legal, medical, dental, engineering, architectural, or other professional services are delivered. “Retail establishment” does not include a residence unless the residence is regularly open to the public as a place of business.
    Sec. 3.  NEW SECTION.  137H.3  Retail establishment —— consumer emergency access to employee restroom facilities.
   1.  A retail establishment that has an employee restroom facility and does not normally make a restroom available to the public shall allow a consumer to have emergency access to the employee restroom facility during normal business hours if the employee restroom facility is maintained in a reasonably safe manner and all of the following conditions are met:
   a.  The consumer requesting emergency access to the employee restroom facility suffers from an eligible medical condition and provides written documentation pursuant to this chapter of the consumer’s eligible medical condition to the retail establishment.
   b.  A public restroom is not immediately accessible to the consumer.
   c.  A sufficient number of employees of the retail establishment are working so that the consumer accessing the employee restroom facility does not cause the retail establishment to cease or significantly curtail normal business operations.
   d.  The employee restroom facility is located in an area of the retail establishment that does not present an obvious risk to the health or safety of the consumer or an obvious security risk to the retail establishment. For the purposes of this paragraph:
   (1)  “Obvious risk to the health or safety of the consumer” means a situation where accessing the employee restroom facility requires the consumer to traverse an area where manufacturing or heavy equipment is in use, items are stored on high shelving, adequate lighting is not present, the flooring is wet or slippery, or hazardous materials are used or stored.
   (2)  “Obvious security risk” means a situation that exposes the consumer to sensitive company documents, materials, or trade secrets. 
   2.  This section shall not require a retail establishment to make any physical changes or improvements to an employee restroom facility.
    Sec. 4.  NEW SECTION.  137H.4  Liability.
   If an act or omission by a retail establishment or an agent of a retail establishment, in allowing a consumer access to an employee restroom facility as required by this chapter, results in injury or death to the consumer, the retail establishment and the agent of the retail establishment that allowed the consumer access are immune from civil liability if the act or omission is not grossly negligent.
    Sec. 5.  NEW SECTION.  137H.5  Written documentation of eligible medical condition —— rules.
   1.  All of the following shall be accepted as written documentation of a consumer’s eligible medical condition:
   a.  A copy of a statement signed by a consumer’s health care professional that indicates the consumer has been formally diagnosed with an eligible medical condition.
   b.  An identification card issued by a nationally recognized health organization, approved by the department, that indicates the consumer has been formally diagnosed with an eligible medical condition.
   2.  The department shall develop a standard electronic form that may be used by a health care professional to provide the signed statement as described in subsection 1. The form shall include a brief description of the consumer’s rights under this chapter and shall be made available to the public electronically. This subsection shall not be construed to require the department to distribute printed versions of the form. 
   3.  The department shall adopt rules pursuant to chapter 17A to administer this section. 
    Sec. 6.  NEW SECTION.  137H.6  Violations —— penalties.
   1.  A retail establishment or an employee of a retail establishment that refuses to provide a consumer emergency access to an employee restroom facility as required by this chapter is subject to the penalties specified in this section.
   2.  a.  For a first violation of this chapter, the city or county attorney shall issue a warning letter to the retail establishment and to any employee of the retail establishment that committed the violation, informing the retail establishment and the employee of the retail establishment of the requirements of this chapter.
   b.  A retail establishment or an employee of a retail establishment that subsequently violates this chapter after receiving a warning letter pursuant to paragraph “a” is subject to a civil penalty of two hundred dollars. 
   3.  An individual who forges, alters, improperly transfers, or knowingly possesses and uses forged or altered written documentation described in section 137H.5 is subject to a civil penalty of two hundred dollars.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   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.