|SAME AS||SAME AS S04803-A|
|COSPNSR||Dinowitz, Galef, Kellner, Rivera, Hevesi, Schimel|
|Add Art 19 SS1900 - 1902, Pub Health L|
|Provides restroom access to persons with certain medical conditions; defines the term eligible medical condition.|
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STATE OF NEW YORK ________________________________________________________________________ 5099--A 2013-2014 Regular Sessions IN ASSEMBLY February 20, 2013 ___________ Introduced by M. of A. PAULIN, DINOWITZ, GALEF, KELLNER, RIVERA, HEVESI, SCHIMEL -- Multi-Sponsored by -- M. of A. BOYLAND, GOTTFRIED, MILLMAN -- read once and referred to the Committee on Health -- reported and referred to the Committee on Codes -- reported and referred to the Committee on Rules -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the public health law, in relation to enacting the Crohn's and colitis fairness act The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act shall be known and may be cited as the "Crohn's 2 and colitis fairness act". 3 § 2. The public health law is amended by adding a new article 19 to 4 read as follows: 5 ARTICLE 19 6 CROHN'S AND COLITIS FAIRNESS ACT 7 Section 1900. Definition. 8 1901. Access to restroom facilities. 9 1902. Required changes. 10 § 1900. Definition. As used in this article, "eligible medical condi- 11 tion" means Crohn's disease, ulcerative colitis, any other inflammatory 12 bowel disease, irritable bowel syndrome or any other medical condition 13 that requires immediate access to a toilet facility. 14 § 1901. Access to restroom facilities. A place of business open to the 15 general public for the sale of goods or services that has a toilet 16 facility for its employees shall allow any individual who is lawfully on 17 the premises of such place of business to use that toilet facility 18 during normal business hours, even if the place of business does not 19 normally make the employee toilet facility available to the public, 20 provided that all of the following conditions are met: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07498-04-3A. 5099--A 2 1 1. the individual requesting the use of the employee toilet facility 2 has an eligible medical condition or utilizes an ostomy device, provided 3 that the place of business may require the individual to present reason- 4 able evidence that the individual has an eligible medical condition or 5 uses an ostomy device; 6 2. two or more employees of the place of business are working at the 7 time the individual requests use of the employee toilet facility; 8 3. the employee toilet facility is not located in an area where 9 providing access would create an obvious health or safety risk to the 10 requesting individual or create an obvious security risk to the place of 11 business; 12 4. use of the toilet facility would not create an obvious health or 13 safety risk to the requesting individual; and 14 5. a public restroom is not immediately accessible to the requesting 15 individual. 16 § 1902. Required changes. Nothing in section nineteen hundred one of 17 this article shall be construed as requiring a place of business open to 18 the general public for the sale of goods or services that has a toilet 19 facility for its employees to make any physical changes to an employee 20 toilet facility. 21 § 3. This act shall take effect on the one hundred twentieth day after 22 it shall become law, provided that effective immediately, the addition, 23 amendment and/or repeal of any rule or regulation necessary for the 24 implementation of this act on its effective date are authorized and 25 directed to be made and completed on or before such effective date.