New York § 492 - 492Access to restroom facilities

§ 492. 492Access to restroom facilities

§ 492. Access to restroom facilities. 1. A place of business open to the general public for the sale of goods or services that has a toilet facility for its employees shall allow any individual who is lawfully on the premises of such place of business to use that toilet facility during normal business hours, even if the place of business does not normally make the employee toilet facility available to the public, provided that all of the following conditions are met: (a) the individual requesting the use of the employee toilet facility has an eligible medical condition or utilizes an ostomy device, provided that the place of business may require the individual to present reasonable evidence that the individual has an eligible medical condition or uses an ostomy device; (b) two or more employees of the place of business are working at the time the individual requests use of the employee toilet facility; (c) the employee toilet facility is not located in an area where providing access would create an obvious health or safety risk to the requesting individual or create an obvious security risk to the place of business; (d) use of the toilet facility would not create an obvious health or safety risk to the requesting individual; and (e) a public restroom is not immediately accessible to the requesting individual. 2. Reasonable evidence that an individual has an eligible medical condition or uses an ostomy device shall include, but not be limited to, at the option of the individual: (a) a signed statement by a physician, nurse practitioner, or physician assistant licensed under title eight of the education law, on a form that has been developed by the department of health under subdivision three of this section; or (b) an identification card that is issued by a nonprofit organization whose purpose includes serving individuals who suffer from an eligible medical condition. 3. 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. The form shall be posted on the department's website in a printable format and include the following information: (a) space for the form bearer's name; (b) space for the form bearer's address; (c) space for the form bearer's date of birth; (d) space for the health care provider's name, signature, and statement as provided in subparagraph (ii) of paragraph (e) of this subdivision; (e) the following statements: (i) "MEDICAL ALERT: RESTROOM ACCESS REQUIRED"; (ii) "The holder of this form suffers from Crohn's disease, ulcerative colitis, other inflammatory bowel disease, irritable bowel syndrome, or another medical condition that requires immediate access to a toilet facility." (iii) "Complaints regarding enforcement should be directed to the state consumer protection division, or the county, city, or town office of consumer protection as applicable"; and (f) a reference to the Crohn's and colitis fairness act under this article.