2019 -- H 6062

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO HEALTH AND SAFETY -- RESTROOM ACCESS ACT

     

     Introduced By: Representatives Ackerman, Shekarchi, Bennett, Amore, and McNamara

     Date Introduced: May 03, 2019

     Referred To: House Health, Education & Welfare

     It is enacted by the General Assembly as follows:

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     SECTION 1. Title 23 of the General Laws entitled "HEALTH AND SAFETY" is hereby

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amended by adding thereto the following chapter:

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CHAPTER 20.13

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RESTROOM ACCESS ACT

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     23-20.13-1. Short title.

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     This act shall be known and may be cited as the "Restroom Access Act."

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     23-20.13-2. Definitions.

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     As used in this section:

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     (1) "Customer" means an individual who is lawfully on the premises of a retail

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establishment.

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     (2) "Eligible medical condition" means Crohn's disease, ulcerative colitis, any other

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inflammatory bowel disease, irritable bowel syndrome, pregnancy, cancer or any other medical

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condition that requires immediate access to a restroom facility.

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     (3) "Retail establishment" means a place of business open to the general public for the

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sale of goods or services.

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     23-20.13-3. Customer access to retail establishment restroom facilities.

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     A retail establishment that has a restroom facility for its employees shall allow a

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customer to use that facility during normal business hours if all of the following conditions are

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met:

 

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     (1) The customer requesting the use of the employee restroom facility suffers from an

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eligible medical condition or utilizes an ostomy device;

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     (2) Three (3) or more employees of the retail establishment are working at the time the

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customer requests use of the employee restroom facility;

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     (3) The retail establishment does not normally make a restroom available to the public;

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     (4) The employee restroom facility is not located in an area where providing access

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would create an obvious health or safety risk to the customer or an obvious security risk to the

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retail establishment;

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     (5) A public restroom is not immediately accessible to the customer; and

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     (6) When requesting access to an employee restroom facility, a customer shall present to

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an employee of the retail establishment proof of an eligible medical condition. The proof shall

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take the form of a document issued by a licensed physician or the Crohn's & Colitis Foundation

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of America identifying the presenter of the document and citing the appropriate statutory

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authority.

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     23-20.13-4. Liability.

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     (a) A retail establishment or an employee of a retail establishment shall not be civilly

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liable for any act or omission in allowing a customer, who claims to have an eligible medical

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condition, to use an employee restroom facility that is not a public restroom if the act or omission

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meets all of the following:

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     (1) It is not willful or grossly negligent;

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     (2) It occurs in an area of the retail establishment that is not accessible to the public; and

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     (3) It results in an injury to or death of the customer or any individual other than an

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employee accompanying the customer.

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     (b) A retail establishment is not required to make any physical changes or improvements

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to an employee restroom facility located on the premises pursuant to this section.

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     23-20.13-5. Penalty.

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     A retail establishment or any employee of a retail establishment, that violates ยง 23-20.13-

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3 would be guilty of a misdemeanor, shall be subject to a fine of two hundred fifty dollars ($250).

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     SECTION 2. This act shall take effect on January 1, 2020.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HEALTH AND SAFETY -- RESTROOM ACCESS ACT

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     This act would require retail establishments with three (3) or more employees on the

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premises without immediately accessible public restroom facilities to allow customers suffering

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from eligible medical conditions access to their employee restrooms upon presentation of

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documentation issued by a licensed physician. Violations would be subject to a fine of two

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hundred fifty dollars ($250).

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     This act would take effect on January 1, 2020.

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