Senate Bill 219
By: Senators James of the 28th, Rahman of the 5th, Davenport of the 17th, Jones of the 10th,
Harbison of the 15th and others
A BILL TO BE ENTITLED
AN ACT
To amend Title 30 of the Official Code of Georgia Annotated, relating to handicapped
persons, so as to provide for access to employee toilet facilities in retail establishments; to
provide for definitions; to provide for exceptions; to provide for immunity from liability
related to use of such toilet facilities; to provide for a criminal penalty; to provide for a short
title; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
This Act shall be known and may be cited as the "Restroom Access Act."
SECTION 2.
Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, is
amended by adding a new chapter to read as follows:
<ins>"CHAPTER 11
30-11-1.
As used in this chapter, the term:
(1) 'Customer' means an individual who is lawfully on the premises of a retail
establishment.
(2) 'Eligible medical condition' 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 or that requires use of an ostomy device.
(3) 'Healthcare provider' means a licensed physician, physician assistant, or nurse
practitioner.
(4) 'Ostomy device' means a medical device that creates an artificial passage for the
elimination of body waste.
(5) 'Retail establishment' means a place of business open to the general public for the
sale of goods or services.
30-11-2.
(a) Any retail establishment that has a toilet facility for employee use, which typically does
not permit customer access to such employee toilet facility, shall allow a customer to use
such toilet facility during normal business hours if the toilet facility is maintained in a
reasonably safe manner and all of the following conditions are met:
(1) The customer requesting access to the employee toilet facility presents a copy of a
written statement, signed and issued by a healthcare provider on such provider's
letterhead or of a facility with which the healthcare provider is associated that indicates
the customer suffers from an eligible medical condition;
(2) A public restroom is not immediately accessible to the customer;
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<ins>(3) At the time the request for access to the employee toilet facility is made, three or
more employees of the retail establishment are working; and
(4) The employee toilet facility is located in an area of the retail establishment where
providing access would not create an obvious risk to the health or safety of the customer
or an obvious security risk to the retail establishment.
(b) This Code section shall not apply to a retail establishment that:
(1) Sells prescription drugs, if the employee toilet facility is located in an area in which
the customer might gain access to any pharmaceuticals; and
(2) Maintains records or information that is subject to the federal Health Insurance
Portability and Accountability Act of 1996, P.L. 104-191, if the employee toilet facility
is located in an area in which such records or information might be accessed.
30-11-3.
(a) A retail establishment or an employee of a retail establishment shall not be liable for
any acts or omissions in allowing a customer access to an employee toilet facility pursuant
to the provisions of this chapter, if such acts and omissions meet all of the following:
(1) Do not constitute gross, willful, or wanton negligence on the part of the retail
establishment or employee of the retail establishment;
(2) Occurred in an area of the retail establishment that is not otherwise accessible to
customers; and
(3) Resulted in injury to or death of the customer or an individual other than an employee
accompanying the customer to the employee toilet facility.
(b) No retail establishment shall be required to make any physical change to an employee
toilet facility to effectuate the purposes of this chapter.
30-11-4.
Any person who violates this chapter shall be guilty of a misdemeanor."
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SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.