THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY GRUCELA, BARRAR, BEYER, CLYMER, CONKLIN, DeLUCA, FLECK, FRANKEL, GEIST, GIBBONS, HARHAI, HENNESSEY, HESS, HUTCHINSON, W. KELLER, KORTZ, KOTIK, KULA, MAHONEY, MANN, MELIO, MILLER, MURT, MUSTIO, M. O'BRIEN, PRESTON, QUINN, SCAVELLO, SIPTROTH, STEVENSON AND YOUNGBLOOD, FEBRUARY 24, 2009

REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, FEBRUARY 24, 2009  

AN ACT

Providing for restroom access for certain customers of retail

establishments; and imposing a penalty.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Short title.

This act shall be known and may be cited as the Restroom

Access Act.

Section 2.  Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Customer."  An individual who is lawfully on the premises of

a retail establishment.

"Eligible medical condition."  A medical condition that

includes Crohn's disease, ulcerative colitis or any other

inflammatory bowel disease, any other medical condition that

requires immediate access to a toilet facility or a condition

that requires the use of an ostomy device.

"Health professional."  A physician, osteopathic physician,

physician assistant or nurse practitioner licensed or certified

to practice in this Commonwealth.

"Retail establishment."  A place of business open to the

general public for the sale of goods or services.

Section 3.  Customer access to restroom facilities in retail

establishments.

A retail establishment that has a toilet facility for its

employees shall allow a customer to use that facility during

normal business hours if the toilet facility is reasonably safe

and all of the following conditions are met:

(1)  The customer requesting the use of the employees'

toilet facility suffers from an eligible medical condition

and can provide the retail establishment with evidence of the

customer's eligible medical condition to include a copy of a

statement signed and dated by a health professional or a

person acting under the delegation and supervision of a

health professional that indicates the customer suffers from

an eligible medical condition or uses an ostomy device.

(2)  The retail establishment does not normally make a

restroom available to the public.

(3)  The employee toilet facility is not located in an

area where providing access would create an obvious health or

safety risk to the customer or an obvious security risk to

the retail establishment.

(4)  A public restroom is not immediately accessible to

the customer.

Section 4.  Liability.

(a)  General rule.--A retail establishment or an employee of

a retail establishment is not civilly liable for any act or

omission in allowing a customer that has an eligible medical

condition to use an employee toilet facility that is not a

public restroom if the act or omission meets all of the

following:

(1)  It is not willful or grossly negligent.

(2)  It occurs in an area of the retail establishment

that is not accessible to the public.

(3)  It results in an injury to or death of the customer

or any individual other than an employee accompanying the

customer.

(b)  Physical changes to facility.--A retail establishment is

not required to make any physical changes to an employee toilet

facility under this act.

Section 5.  Penalty.

A retail establishment or an employee of a retail

establishment that violates this act commits a summary offense.

Section 6.  Effective date.

This act shall take effect immediately.