Read the full stored bill text
Senate
File
2014
-
Introduced
SENATE
FILE
2014
BY
DONAHUE
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
.
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
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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
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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
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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
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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.
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