2019 -- H 6062 SUBSTITUTE A

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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:

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

amended by adding thereto the following chapter:

CHAPTER 20.13

RESTROOM ACCESS ACT

     23-20.13-1. Short title.

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

     23-20.13-2. Definitions.

     As used in this section:

     (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, any other

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

condition that requires immediate access to a restroom facility.

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

sale of goods or services.

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

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

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

met:

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

eligible medical condition or utilizes an ostomy device;

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

customer requests use of the employee restroom facility;

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

     (4) The employee restroom 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;

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

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

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

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

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

authority.

     23-20.13-4. Liability.

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

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

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

meets all of the following:

     (1) It is not willful or grossly negligent;

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

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

employee accompanying the customer.

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

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

     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

premises without immediately accessible public restroom facilities to allow customers suffering

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

documentation issued by a licensed physician.

     This act would take effect on January 1, 2020.

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