Bill Text: IA SF250 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act creating the restroom emergency access Act, and providing civil penalties.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-02-09 - Subcommittee: Costello, Green, and Jochum. S.J. 299. [SF250 Detail]
Download: Iowa-2021-SF250-Introduced.html
Senate
File
250
-
Introduced
SENATE
FILE
250
BY
ZAUN
A
BILL
FOR
An
Act
creating
the
restroom
emergency
access
Act,
and
1
providing
civil
penalties.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
NEW
SECTION
.
137E.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
.
137E.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.
“Department”
means
the
department
of
public
health.
9
3.
“Eligible
medical
condition”
means
all
of
the
following:
10
a.
Crohn’s
disease,
ulcerative
colitis,
or
any
other
11
inflammatory
bowel
disease.
12
b.
Irritable
bowel
syndrome.
13
c.
Any
condition
requiring
the
use
of
an
ostomy
device.
14
d.
Any
other
medical
condition
that
requires
immediate
15
access
to
a
restroom
facility.
16
4.
“Employee
restroom
facility”
means
a
restroom
that
is
17
intended
only
for
use
by
employees
of
a
retail
establishment
18
and
not
for
use
by
the
public.
19
5.
“Health
care
professional”
means
a
person
licensed
under
20
chapter
148
to
practice
medicine
and
surgery
or
osteopathic
21
medicine
and
surgery,
a
registered
nurse
or
an
advanced
22
registered
nurse
practitioner
licensed
under
chapter
152
or
an
23
advanced
practice
registered
nurse
licensed
under
chapter
152E,
24
or
a
physician
assistant
licensed
to
practice
under
chapter
25
148C.
26
6.
“Ostomy
device”
means
a
medical
device
that
creates
an
27
artificial
passage
for
the
elimination
of
body
waste.
28
7.
“Restroom”
means
a
room
containing
a
toilet.
29
8.
“Retail
establishment”
means
a
place
of
business
30
regularly
open
to
the
public
in
which
the
retail
sale
of
31
goods
or
services
to
the
ultimate
consumer
is
the
principal
32
business
conducted,
and
includes
professional
corporations
33
and
other
entities
where
legal,
medical,
dental,
engineering,
34
architectural,
or
other
professional
services
are
delivered.
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“Retail
establishment”
does
not
include
a
residence
unless
1
the
residence
is
regularly
open
to
the
public
as
a
place
of
2
business.
3
Sec.
3.
NEW
SECTION
.
137E.3
Retail
establishment
——
4
consumer
emergency
access
to
employee
restroom
facilities.
5
1.
A
retail
establishment
that
provides
an
employee
6
restroom
facility
for
its
employees
and
does
not
normally
make
7
a
restroom
available
to
the
public
shall
allow
a
consumer
to
8
have
emergency
access
to
the
employee
restroom
facility
during
9
normal
business
hours
if
the
employee
restroom
facility
is
10
maintained
in
a
reasonably
safe
manner
and
all
of
the
following
11
conditions
are
met:
12
a.
The
consumer
requesting
emergency
access
to
the
employee
13
restroom
facility
suffers
from
an
eligible
medical
condition
14
and
provides
written
documentation,
as
approved
by
the
15
department,
of
the
consumer’s
eligible
medical
condition
to
the
16
retail
establishment.
17
b.
A
public
restroom
is
not
immediately
accessible
to
the
18
consumer.
19
c.
A
sufficient
number
of
employees
of
the
retail
20
establishment
are
working
at
the
time
the
consumer
requests
21
emergency
access
to
the
employee
restroom
facility
such
that
22
the
consumer
accessing
the
employee
restroom
facility
does
23
not
cause
the
retail
establishment
to
cease
or
significantly
24
curtail
normal
business
operations.
25
d.
The
employee
restroom
facility
is
located
in
an
area
of
26
the
retail
establishment
that
does
not
present
an
obvious
risk
27
to
the
health
or
safety
of
the
consumer
or
an
obvious
security
28
risk
to
the
retail
establishment.
For
the
purposes
of
this
29
paragraph:
30
(1)
“Obvious
risk
to
the
health
or
safety
of
the
consumer”
31
includes
but
is
not
limited
to
a
situation
where
accessing
the
32
employee
restroom
facility
requires
the
consumer
to
traverse
an
33
area
where
manufacturing
or
heavy
equipment
is
in
use,
items
34
are
stored
on
high
shelving,
adequate
lighting
is
not
present,
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the
flooring
is
wet
or
slippery,
or
hazardous
materials
are
1
used
or
stored.
2
(2)
“Obvious
security
risk”
includes
exposing
the
consumer
3
to
sensitive
company
documents,
materials,
or
trade
secrets.
4
2.
This
section
shall
not
require
a
retail
establishment
5
to
make
any
physical
changes
or
improvements
to
an
employee
6
restroom
facility.
7
Sec.
4.
NEW
SECTION
.
137E.4
Liability.
8
1.
If
an
act
or
omission
of
a
retail
establishment
or
an
9
employee
of
a
retail
establishment,
in
allowing
a
consumer
who
10
claims
to
have
an
eligible
medical
condition
to
have
emergency
11
access
to
the
retail
establishment’s
employee
restroom
facility
12
as
required
by
this
chapter,
results
in
an
injury
to
or
death
13
of
the
consumer
or
an
individual
other
than
an
employee
of
14
the
retail
establishment
who
is
accompanying
the
consumer
15
in
an
area
not
usually
accessible
to
the
public,
the
retail
16
establishment
and
the
employee
are
immune
from
civil
liability
17
if
the
act
or
omission
is
not
grossly
negligent.
18
2.
An
employee
restroom
facility
provided
to
consumers
19
solely
to
comply
with
this
section
shall
not
be
considered
a
20
public
restroom
for
the
purposes
of
laws
or
regulations
that
21
generally
govern
facilities
available
to
the
public,
but
shall
22
instead
be
governed
by
the
laws
and
regulations
that
otherwise
23
govern
the
restroom
facility
if
it
were
not
made
available
to
a
24
consumer
pursuant
to
this
chapter.
25
Sec.
5.
NEW
SECTION
.
137E.5
Written
documentation
of
26
eligible
medical
condition
——
rules.
27
1.
All
of
the
following
shall
be
accepted
as
written
28
documentation
of
a
consumer’s
eligible
medical
condition:
29
a.
A
copy
of
a
statement
signed
by
a
consumer’s
health
care
30
professional
that
indicates
the
consumer
has
been
formally
31
diagnosed
with
an
eligible
medical
condition.
32
b.
An
identification
card
issued
by
a
nationally
recognized
33
health
organization,
approved
by
the
department,
that
indicates
34
the
consumer
has
been
formally
diagnosed
with
an
eligible
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medical
condition.
1
2.
The
department
shall
develop
a
standard
electronic
form
2
that
may
be
used
by
a
health
care
professional
to
provide
3
the
signed
statement
as
described
in
subsection
1.
The
form
4
shall
include
a
brief
description
of
the
consumer’s
rights
5
under
this
chapter
and
shall
be
made
available
to
the
public
6
electronically.
This
subsection
shall
not
be
construed
to
7
require
the
department
to
distribute
printed
versions
of
the
8
form.
9
3.
The
department
shall
adopt
rules
pursuant
to
chapter
17A
10
to
administer
this
chapter.
11
Sec.
6.
NEW
SECTION
.
137E.6
Violations
——
penalties.
12
1.
A
retail
establishment
or
an
employee
of
a
retail
13
establishment
that
does
not
comply
with
this
chapter
or
refuses
14
to
provide
a
consumer
emergency
access
to
an
employee
restroom
15
facility
as
required
by
this
chapter
violates
this
chapter
and
16
is
subject
to
the
penalties
specified
in
this
section.
17
2.
a.
For
a
first
violation
of
this
section,
the
city
or
18
county
attorney
shall
issue
a
warning
letter
to
the
retail
19
establishment
and
to
any
employee
of
the
retail
establishment
20
that
denied
emergency
access
to
an
employee
restroom
21
facility
in
violation
of
this
chapter,
informing
the
retail
22
establishment
and
the
employee
of
the
retail
establishment
of
23
the
requirements
of
this
chapter.
24
b.
A
retail
establishment
or
an
employee
of
a
retail
25
establishment
that
subsequently
violates
this
chapter
after
26
receiving
the
warning
letter
pursuant
to
subsection
1
is
27
subject
to
a
civil
penalty
of
two
hundred
dollars.
28
3.
A
person
who
forges,
alters,
improperly
transfers,
or
29
knowingly
possesses
and
uses
a
forged
or
altered
statement
by
a
30
health
care
professional
or
an
identification
card
is
subject
31
to
a
civil
penalty
of
two
hundred
dollars.
32
EXPLANATION
33
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
34
the
explanation’s
substance
by
the
members
of
the
general
assembly.
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This
bill
provides
for
emergency
access
to
an
employee
1
restroom
facility
in
retail
establishments
for
individuals
with
2
eligible
medical
conditions.
3
The
bill
creates
a
new
Code
chapter
entitled
the
“Restroom
4
Emergency
Access
Act”.
5
The
bill
provides
definitions
for
the
purposes
of
the
6
new
Code
chapter,
including
“eligible
medical
condition”,
7
which
includes
Crohn’s
disease,
ulcerative
colitis,
or
any
8
other
inflammatory
bowel
disease,
irritable
bowel
syndrome,
9
any
condition
requiring
the
use
of
an
ostomy
device,
and
any
10
other
medical
condition
that
requires
immediate
access
to
a
11
restroom
facility;
“employee
restroom
facility”,
“health
care
12
professional”,
and
“retail
establishment”.
13
The
bill
requires
a
retail
establishment
that
provides
14
an
employee
restroom
facility
for
its
employees
and
does
15
not
normally
make
a
restroom
available
to
the
public
to
16
allow
a
consumer
emergency
access
to
the
employee
restroom
17
facility
during
normal
business
hours
if
the
employee
restroom
18
facility
is
maintained
in
a
reasonably
safe
manner
and
certain
19
conditions
are
met.
The
conditions
include
that
the
consumer
20
requesting
emergency
access
to
the
employee
restroom
facility
21
suffers
from
an
eligible
medical
condition
and
provides
written
22
documentation
of
the
consumer’s
condition;
a
public
restroom
is
23
not
immediately
accessible
to
the
consumer;
a
sufficient
number
24
of
employees
are
working
at
the
time
the
consumer
requests
25
emergency
access
to
the
employee
restroom
facility;
and
the
26
employee
restroom
facility
is
located
in
an
area
of
the
retail
27
establishment
that
does
not
present
an
obvious
risk
to
the
28
health
or
safety
of
the
consumer
or
an
obvious
security
risk
to
29
the
retail
establishment.
The
bill
does
not
require
a
retail
30
establishment
to
make
any
physical
changes
or
improvements
to
31
an
employee
restroom
facility.
The
bill
provides
that
if
an
32
act
or
omission
of
a
retail
establishment
or
an
employee
of
a
33
retail
establishment,
in
allowing
a
consumer
who
claims
to
have
34
an
eligible
medical
condition
emergency
access
to
the
retail
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establishment’s
employee
restroom
facility
as
required
by
this
1
chapter,
results
in
an
injury
to
or
death
of
the
consumer
or
an
2
individual
other
than
an
employee
of
the
retail
establishment
3
who
is
accompanying
the
consumer
in
an
area
not
usually
4
accessible
to
the
public,
the
retail
establishment
and
the
5
employee
are
immune
from
civil
liability
if
the
act
or
omission
6
is
not
grossly
negligent.
7
An
employee
restroom
facility
provided
to
comply
with
the
8
bill
is
not
to
be
considered
a
public
restroom
for
the
purposes
9
of
laws
or
regulations
that
generally
govern
facilities
10
available
to
the
public,
but
shall
instead
be
governed
by
11
the
laws
and
regulations
that
otherwise
govern
the
restroom
12
facility
if
it
were
not
made
available
to
a
consumer
under
the
13
bill.
14
The
bill
provides
for
the
types
of
written
documentation
15
that
are
acceptable
under
the
bill
and
directs
the
department
16
of
public
health
(DPH)
to
develop
a
standard
electronic
form
17
that
may
be
used
by
a
health
care
professional
to
provide
the
18
acceptable
signed
statement
under
the
bill.
The
bill
directs
19
DPH
to
adopt
administrative
rules
to
administer
the
bill.
20
Under
the
bill,
a
retail
establishment
or
an
employee
of
21
a
retail
establishment
that
does
not
comply
with
the
bill
or
22
refuses
to
provide
a
consumer
emergency
access
to
an
employee
23
restroom
facility
as
required
by
the
bill
violates
the
Code
24
chapter.
For
a
first
violation,
the
city
or
county
attorney
25
shall
issue
a
warning
letter
to
the
retail
establishment
and
26
any
employee
of
the
retail
establishment
that
denied
emergency
27
access
in
violation
of
the
Code
chapter,
informing
the
retail
28
establishment
and
the
employee
of
the
retail
establishment
29
of
the
requirements
of
this
Code
chapter.
For
a
second
or
30
subsequent
violation,
the
retail
establishment
or
employee
is
31
subject
to
a
civil
penalty
of
$200.
The
bill
also
provides
32
that
a
person
who
forges,
alters,
improperly
transfers,
or
33
knowingly
possesses
and
uses
a
forged
or
altered
statement
by
a
34
health
care
professional
or
an
identification
card
is
subject
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