BILL REQ. #:  H-1588.1 

READ FIRST TIME 02/11/09.   

     AN ACT Relating to allowing persons with certain medical conditions to access the restroom in a retail establishment; adding a new section to chapter 70.54 RCW; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   A new section is added to chapter 70.54 RCW to read as follows:
     (1) A retail establishment that has a restroom facility for its employees must allow a customer to use that facility during normal business hours if all of the following conditions are met:
     (a) The customer requesting the use of the employee restroom facility has been diagnosed with an eligible medical condition or uses an ostomy device, and provides evidence of the existence of the eligible medical condition or device in writing in the form of either:
     (i) A signed statement by the customer's health care provider that shall be on a form that has been prepared by the department of health under subsection (4) of this section; or
     (ii) An identification card that is issued by a nonprofit organization whose purpose includes serving individuals who suffer from an eligible medical condition or use an ostomy device;
     (b) Three or more employees of the retail establishment are working at the time the customer requests use of the employee restroom facility;
     (c) The retail establishment does not normally make a restroom available to the public;
     (d) The restroom facility itself is reasonably safe and is not located in an area where providing access would create an obvious health or safety risk to the customer; and
     (e) Allowing the customer to access the restroom facility does not pose a security risk to the retail establishment or its employees.
     (2) For a first violation of this section, the city or county attorney shall issue a warning letter to the retail establishment and employee informing the establishment and employee of the requirements of this section. A retail establishment or an employee of a retail establishment that violates this section after receiving a warning letter is guilty of a civil infraction. The fine for a first infraction must not exceed one hundred dollars.
     (3) A retail establishment is not required to make any physical changes to an employee restroom facility under this section.
     (4) The department of health shall develop a standard electronic form that may be signed by a health care provider as evidence of the existence of an eligible medical condition or use of an ostomy device as required by subsection (1)(a) of this section. The form shall include a brief description of a customer's rights under this section and shall be made available for a customer or his or her health care provider to access by computer. Nothing in this section requires the department to distribute printed versions of the form.
     (5) A retail establishment or an employee of a retail establishment is not civilly liable for any act or omission in allowing a customer who has an eligible medical condition or uses an ostomy device to use an employee restroom facility that is not a public restroom if the act or omission meets all of the following:
     (a) It is not willful or grossly negligent;
     (b) It occurs in an area of the retail establishment that is not accessible to the public; and
     (c) It results in an injury to or death of the customer or any individual other than an employee accompanying the customer.
     (6) For purposes of this section:
     (a) "Customer" means an individual who is lawfully on the premises of a retail establishment.
     (b) "Eligible medical condition" means Crohn's disease, ulcerative colitis, any other inflammatory bowel disease, irritable bowel syndrome, or any other permanent or temporary medical condition that requires immediate access to a restroom facility.
     (c) "Health care provider" means an advanced registered nurse practitioner licensed under chapter 18.79 RCW, an osteopathic physician or surgeon licensed under chapter 18.57 RCW, an osteopathic physicians assistant licensed under chapter 18.57A RCW, a physician or surgeon licensed under chapter 18.71 RCW, or a physician assistant licensed under chapter 18.71A RCW.
     (d) "Retail establishment" means a place of business open to the general public for the sale of goods or services. Retail establishment does not include any structure such as a filling station, service station, or restaurant of eight hundred square feet or less that has an employee restroom facility located within that structure.