S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1982
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2017
                                ___________
 
 Introduced  by M. of A. PAULIN, DINOWITZ, GALEF, RIVERA, HEVESI, FAHY --
   Multi-Sponsored by -- M. of A. GOTTFRIED -- read once and referred  to
   the Committee on Health
 
 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:
 
   Section  1.  This  act shall be known and may be cited as the "Crohn's
 and colitis fairness act".
   § 2. The public health law is amended by adding a new  article  19  to
 read as follows:
                                ARTICLE 19
                     CROHN'S AND COLITIS FAIRNESS ACT
 SECTION 1900. DEFINITION.
         1901. ACCESS TO RESTROOM FACILITIES.
         1902. REQUIRED CHANGES.
   §  1900. DEFINITION. AS USED IN THIS ARTICLE, "ELIGIBLE MEDICAL CONDI-
 TION" MEANS CROHN'S DISEASE, ULCERATIVE COLITIS, ANY OTHER  INFLAMMATORY
 BOWEL  DISEASE,  IRRITABLE BOWEL SYNDROME OR ANY OTHER MEDICAL CONDITION
 THAT REQUIRES IMMEDIATE ACCESS TO A TOILET FACILITY.
   § 1901. ACCESS TO RESTROOM FACILITIES. 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:
   1. 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 REASON-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01074-01-7
              

 A. 1982                             2
 
 ABLE  EVIDENCE  THAT THE INDIVIDUAL HAS AN ELIGIBLE MEDICAL CONDITION OR
 USES AN OSTOMY DEVICE;
   2.  TWO  OR MORE EMPLOYEES OF THE PLACE OF BUSINESS ARE WORKING AT THE
 TIME THE INDIVIDUAL REQUESTS USE OF THE EMPLOYEE TOILET FACILITY;
   3.   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;
   4. USE OF THE TOILET FACILITY WOULD NOT CREATE AN  OBVIOUS  HEALTH  OR
 SAFETY RISK TO THE REQUESTING INDIVIDUAL; AND
   5.  A  PUBLIC RESTROOM IS NOT IMMEDIATELY ACCESSIBLE TO THE REQUESTING
 INDIVIDUAL.
   § 1902. REQUIRED CHANGES. NOTHING IN SECTION NINETEEN HUNDRED  ONE  OF
 THIS ARTICLE SHALL BE CONSTRUED AS REQUIRING A PLACE OF BUSINESS OPEN TO
 THE  GENERAL  PUBLIC FOR THE SALE OF GOODS OR SERVICES THAT HAS A TOILET
 FACILITY FOR ITS EMPLOYEES TO MAKE ANY PHYSICAL CHANGES TO  AN  EMPLOYEE
 TOILET FACILITY.
   § 3. This act shall take effect on the one hundred twentieth day after
 it  shall become law, provided that effective immediately, the addition,
 amendment and/or repeal of any rule  or  regulation  necessary  for  the
 implementation  of  this  act  on  its effective date are authorized and
 directed to be made and completed on or before such effective date.