2023 New York Laws › GBS - General Business › Article 28-F - Crohn's Colitis Fairness Act › 492 - Access 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.