NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8146 Revised 2/24/2020
TITLE OF BILL:
An act to amend the public health law, in relation to creating a Crohn's
and colitis identification card
This bill requires the state health department to offer an identifica-
tion card for people with gastrointestinal diseases defined in the
Crohn's and Colitis Fairness Act. This ID card would verify their condi-
tion and their right to access an employee-only toilet facility.
SUMMARY OF PROVISIONS:
Section 1: The public health law is amended by adding a new article 19,
Crohn's and Colitis Identification Card, authorizing the Commissioner of
Health to create an identification card for people with gastrointestinal
conditions defined in the Crohn's and Colitis Fairness Act.
Section 2: This section sets the effective date and provides that any
rules or regulations necessary to implement this legislation may be
completed prior to the effective date.
Chapter 42 of the laws of 2018 enacted the Crohn's and Colitis Fairness
Act. This landmark bill created a compassionate system for those who
suffer from gastrointestinal diseases like ulcerative Colitis and
The Crohn's and Colitis Fairness Act provides those suffering from
certain gastrointestinal diseases, access to an employee-only toilet
facility in a place of business that is already open to the public, when
there are at least two employees working at the time of the request, and
using that facility would not create a health, safety, or security risk.
While this bill provides a great service to those suffering from
gastrointestinal diseases by permitting them to use employee-only toilet
facilities, businesses have no way of identifying who may have a permit-
ted gastrointestinal disease and who does not.
This legislation would require the state health department to offer an
identification card for people with gastrointestinal diseases outlined
in the Crohn's and Colitis Fairness Act. This optional identification
card would allow an individual to easily communicate their condition to
an employee of a business and outline that employee's responsibility
under the Crohn's and Colitis Fairness Act.
This card would allow those suffering from gastrointestinal diseases to
simply show an identification card which verifies they have a condition
outlined in the Crohn's and Colitis Fairness Act. This would prevent a
situation where someone with a gastrointestinal condition would be
forced to argue with a store employee regarding their rights under the
Crohn's and Colitis Fairness Act, or if an individual even has a quali-
fying condition. However, such an identification card is not required to
gain access to an employee restroom facility at a place of business in
accordance with article 28-F of the General Business law.
This is a new bill.
To be determined.
This act shall take effect immediately.
STATE OF NEW YORK
2019-2020 Regular Sessions
June 4, 2019
Introduced by M. of A. PAULIN -- read once and referred to the Committee
AN ACT to amend the public health law, in relation to creating a Crohn's
and colitis identification card
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The public health law is amended by adding a new article 19
2 to read as follows:
3 ARTICLE 19
4 CROHN'S AND COLITIS IDENTIFICATION CARD
5 Section 1900. Definition.
6 1901. Crohn's and colitis identification card.
7 § 1900. Definition. As used in this article, "eligible medical condi-
8 tion" means Crohn's disease, ulcerative colitis, any other inflammatory
9 bowel disease, irritable bowel syndrome or any other medical condition
10 that requires immediate access to a toilet facility.
11 § 1901. Crohn's and colitis identification card. 1. The commissioner
12 shall develop an identification card denoting that a person has been
13 medically diagnosed with an eligible medical condition. Such identifica-
14 tion card may be presented pursuant to article twenty-eight-F of the
15 general business law, in order to gain access to restroom facilities as
17 2. Upon the request of a person with an eligible medical condition,
18 the department shall issue such Crohn's and colitis identification card
19 in accordance with eligibility and documentation criteria established by
20 the department for a fee to be determined by the commissioner.
21 3. The front of such card shall indicate that it has been issued by
22 the department pursuant to this section and shall include:
23 (a) the card bearer's name;
24 (b) the card bearer's address;
25 (c) the card bearer's date of birth;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 is old law to be omitted.
A. 8146 2
1 (d) the following statement: "MEDICAL ALERT: RESTROOM ACCESS
2 REQUIRED"; and
3 (e) the following statement in smaller font: "The holder of this card
4 suffers from Crohn's disease, ulcerative colitis or other inflammatory
5 bowel disease. These autoimmune diseases are not contagious. These are
6 painful conditions and need immediate access to a restroom."
7 4. The back of such card shall include:
8 (a) a reference to the Crohn's and colitis fairness act, article twen-
9 ty-eight-F of the general business law; and
10 (b) the following statement: "Complaints regarding enforcement should
11 be directed to the New York State Attorney General's Consumer Helpline".
12 § 2. This act shall take effect on the one hundred eightieth day after
13 it shall have become a law. Effective immediately, the addition, amend-
14 ment, and/or repeal of any rule or regulation necessary for the imple-
15 mentation of this act on its effective date are authorized to be made
16 and completed on or before such effective date.