Restroom access-medical conditions.

WORKING DRAFT
2008
STATE OF
WYOMING
08LSO-0269

SENATE FILE
NO.
SF0073

Restroom access-medical conditions.

Sponsored by:
Senator(s) Bebout and Representative(s) McOmie and Miller

A BILL

for

AN ACT relating to public health and safety; creating the restroom facility access card program as specified; granting card holders access to restroom facilities in all retail businesses as specified; granting rulemaking authority; providing a penalty; and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.
W.S. 35
‑
4
‑
901
and
35
‑
4
‑
902
are
created to read:

ARTICLE 9
RESTROOM FACILITY ACCESS

35
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4
‑
901.

Issuance of restroom facility access card; granting of rulemaking authority; definitions.

(a)

The department of health shall issue a restroom facility access card to an applicant submitting a letter from his physician stating the applicant has an eligible medical condition that requires immediate access to a restroom facility. A restroom facility access card issued by the department of health shall state:

(i)

The name of the card holder;

(ii)

That the card holder has an eligible medical condition which is recognized by the department of health as requiring immediate access to restroom facilities;

(iii)

That any retail establishment with a restroom facility located on the premises that is not available for use by the general public shall allow the card holder to use the restroom facility during normal business hours;

(iv)

The penalty for failure to allow the card holder to use a restroom facility as provided by W.S. 35
‑
4
‑
902;

(v)

The expiration date of the restroom facility access card.

(b)

A restroom facility access card issued under this section shall expire one (1) year after the issuance date of the card. To renew the card, a card holder shall submit a letter from his physician stating that the card holder continues to suffer from the eligible medical condition and that reissuance of his restroom facility card is medically necessary.

(c)

The department may promulgate rules for the administration and implementation of this article.

(d)

A retail establishment is not required to make any physical changes to a restroom facility to comply with this article.

(e)

As used in this article:

(i)

"Eligible medical condition" means Crohn's disease, ulcerative colitis, irritable bowel syndrome, or any other permanent or temporary medical condition that requires immediate access to a restroom facility;

(ii)

"Physician" means a person authorized or licensed to practice medicine as provided in W.S. 33
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26
‑
101 through 33
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26
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601;

(iii)

"Retail establishment" means a place of business open to the general public for the sale of goods or services;

(iv)

"Restroom facility" means a toilet facility located on the premise of a retail establishment that is not available for use by the general public.

35
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4
‑
902.

Penalty.

Refusal by an employee of a retail establishment to provide a card holder with access to a restroom facility as required by this article is a misdemeanor punishable by a fine of not more than one hundred dollars ($100.00).

Section 2.
This act is effective July 1, 2008.

(END)

1
SF0073