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This entry was published on 2021-06-11
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Access to restroom facilities
General Business (GBS) CHAPTER 20, ARTICLE 28-F
§ 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

(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

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

(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

(e) the following statements:


(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

(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