S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    870
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sen.  FELDER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the general business law,  in  relation  to  creating  a
   Crohn's  and  colitis  identification  card;  and  to  repeal  certain
   provisions of the public health law relating thereto
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Article 19 of the public health law, as added by a chapter
 of the laws of 2020 amending the public health law relating to  creating
 a  Crohn's  and  colitis identification card, as proposed in legislative
 bills numbers S.6226 and A.8146, is REPEALED.
   § 2. Section 492 of the general business law, as added by  chapter  42
 of the laws of 2018, is amended to read as follows:
   §  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:
   [1.] (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 pres-
 ent reasonable evidence that the  individual  has  an  eligible  medical
 condition or uses an ostomy device;
   [2.] (B) two or more employees of the place of business are working at
 the time the individual requests use of the employee toilet facility;
   [3.]  (C) the employee toilet facility is not located in an area where
 providing access would create an obvious health or safety  risk  to  the

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07153-01-1

 S. 870                              2
 
 requesting individual or create an obvious security risk to the place of
 business;
   [4.] (D) use of the toilet facility would not create an obvious health
 or safety risk to the requesting individual; and
   [5.]  (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 PHYSI-
 CIAN ASSISTANT LICENSED UNDER TITLE EIGHT OF THE  EDUCATION  LAW,  ON  A
 FORM  THAT HAS BEEN DEVELOPED BY THE DEPARTMENT OF HEALTH UNDER SUBDIVI-
 SION 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 EXIST-
 ENCE 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  STATE-
 MENT  AS PROVIDED IN SUBPARAGRAPH (II) OF PARAGRAPH (E) OF THIS SUBDIVI-
 SION;
   (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.
   §  3.  This  act  shall  take  effect on the same date and in the same
 manner as a chapter of the laws of 2020 amending the public  health  law
 relating  to  creating  a  Crohn's  and  colitis identification card, as
 proposed in legislative bills numbers S.6226 and A.8146, takes effect.