NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1260
SPONSOR: Paulin TITLE OF BILL:
An act to amend the general business law, in relation to creating a
Crohn's and colitis identification card; and to repeal certain
provisions of the public health law relating thereto
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to establish procedures for obtaining and
using documentation for those individuals that may need access to a
restroom facility under the Crohn's Colitis Fairness Act.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 would repeal the provisions of Chapter 310 of the Laws of
2020, which required DOH to develop identification cards.
Section 2 would establish that reasonable evidence for an individual
requesting access to a restroom facility under the Crohn's Colitis Fair-
ness Act includes either a signed statement by a physician, nurse prac-
titioner, or physician assistant, or an identification card issued by a
nonprofit representing individuals with eligible medical conditions. It
would direct the Department of Health (DOH) to develop a standard elec-
tronic form that could be used by physicians, nurse practitioners, or
physician assistants, which includes information on who to contact if
there is a complaint regarding enforcement of law.
Section 3 would establish the effective date.
JUSTIFICATION:
Chapter 310 of the Laws of 2020 required DOH to develop identification
cards for eligible medical conditions under the Crohn's and Colitis
Fairness Act, which allows limited bathroom access to those with eligi-
ble medical conditions. This bill will transition that process to have
qualified medical professionals and organizations involved in the issu-
ance of documentation for those individuals that need access to bathroom
facilities. DOH will be responsible for the creation of a standardized
form that eligible health care practitioners can use. This will help to
ensure that those with eligible medical conditions receive the documen-
tation they need to effectively utilize the protections of the Crohn's
and Colitis Fairness Act.
PRIOR LEGISLATIVE HISTORY:
New Legislation.
FISCAL IMPLICATIONS:
None noted.
EFFECTIVE DATE:
This act shall take effect on the same date and in the same manner as a
chapter of the laws of 2020 amending the public health law relating to
creating a Crohn's and colitis identification card, as proposed in
legislative bills numbers 5.6226 and A.8146, takes effect.
STATE OF NEW YORK
________________________________________________________________________
1260
2021-2022 Regular Sessions
IN ASSEMBLY
January 8, 2021
___________
Introduced by M. of A. PAULIN -- read once and referred to the Committee
on Health
AN ACT to amend the general business law, in relation to creating a
Crohn's and colitis identification card; and to repeal certain
provisions of the public health law relating thereto
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Article 19 of the public health law, as added by a chapter
2 of the laws of 2020 amending the public health law relating to creating
3 a Crohn's and colitis identification card, as proposed in legislative
4 bills numbers S.6226 and A.8146, is REPEALED.
5 § 2. Section 492 of the general business law, as added by chapter 42
6 of the laws of 2018, is amended to read as follows:
7 § 492. Access to restroom facilities. 1. A place of business open to
8 the general public for the sale of goods or services that has a toilet
9 facility for its employees shall allow any individual who is lawfully on
10 the premises of such place of business to use that toilet facility
11 during normal business hours, even if the place of business does not
12 normally make the employee toilet facility available to the public,
13 provided that all of the following conditions are met:
14 [1.] (a) the individual requesting the use of the employee toilet
15 facility has an eligible medical condition or utilizes an ostomy device,
16 provided that the place of business may require the individual to pres-
17 ent reasonable evidence that the individual has an eligible medical
18 condition or uses an ostomy device;
19 [2.] (b) two or more employees of the place of business are working at
20 the time the individual requests use of the employee toilet facility;
21 [3.] (c) the employee toilet facility is not located in an area where
22 providing access would create an obvious health or safety risk to the
23 requesting individual or create an obvious security risk to the place of
24 business;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07153-01-1
A. 1260 2
1 [4.] (d) use of the toilet facility would not create an obvious health
2 or safety risk to the requesting individual; and
3 [5.] (e) a public restroom is not immediately accessible to the
4 requesting individual.
5 2. Reasonable evidence that an individual has an eligible medical
6 condition or uses an ostomy device shall include, but not be limited to,
7 at the option of the individual:
8 (a) a signed statement by a physician, nurse practitioner, or physi-
9 cian assistant licensed under title eight of the education law, on a
10 form that has been developed by the department of health under subdivi-
11 sion three of this section; or
12 (b) an identification card that is issued by a nonprofit organization
13 whose purpose includes serving individuals who suffer from an eligible
14 medical condition.
15 3. The department of health shall develop a standard electronic form
16 that may be signed by a health care provider as evidence of the exist-
17 ence of an eligible medical condition. The form shall be posted on the
18 department's website in a printable format and include the following
19 information:
20 (a) space for the form bearer's name;
21 (b) space for the form bearer's address;
22 (c) space for the form bearer's date of birth;
23 (d) space for the health care provider's name, signature, and state-
24 ment as provided in subparagraph (ii) of paragraph (e) of this subdivi-
25 sion;
26 (e) the following statements:
27 (i) "MEDICAL ALERT: RESTROOM ACCESS REQUIRED";
28 (ii) "The holder of this form suffers from Crohn's disease, ulcerative
29 colitis, other inflammatory bowel disease, irritable bowel syndrome, or
30 another medical condition that requires immediate access to a toilet
31 facility."
32 (iii) "Complaints regarding enforcement should be directed to the
33 state consumer protection division, or the county, city, or town office
34 of consumer protection as applicable"; and
35 (f) a reference to the Crohn's and colitis fairness act under this
36 article.
37 § 3. This act shall take effect on the same date and in the same
38 manner as a chapter of the laws of 2020 amending the public health law
39 relating to creating a Crohn's and colitis identification card, as
40 proposed in legislative bills numbers S.6226 and A.8146, takes effect.
