D.C. Law 24-153. Medical Necessity Restroom Access Act of 2022.

AN ACT

To provide an individual with an eligible medical condition access to a customer or an employee toilet facility of a retail establishment under certain conditions, to clarify that a retail establishment shall not be required to make physical changes to a customer or an employee toilet facility or provide access to the general public, to require the Office of Human Rights to provide information on its website regarding the purpose and requirements of this act, to require the Office of Human Rights to develop processes to enforce this act, to require the Department of Health to develop and make available on its website a downloadable Medical Necessity Restroom Access Card, to require the Department of Consumer and Regulatory Affairs to inform businesses about this act upon application or renewal of their business license, and to provide civil penalties for violations of this act.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Medical Necessity Restroom Access Act of 2022".

Sec. 2. Definitions.

For the purposes of this act, the term:

(1) "Customer toilet facility" means a toilet facility that is normally reserved for customers of a retail establishment and not available for use by the general public.

(2) "DC Health" means the Department of Health.

(3) "Eligible medical condition" means Crohn's disease, ulcerative colitis, any other inflammatory bowel disease, irritable bowel syndrome, the use of an ostomy device, or any other diagnosed medical condition, including pregnancy, that would require immediate access to a toilet facility.

(4) "Employee toilet facility" means a toilet facility that is normally reserved for employees of a retail establishment and not available for use by a customer or by the general public.

(5) "Medical professional" means a physician, a naturopathic physician, a physician assistant, a nurse, or a nurse practitioner.

(6) "OHR" means the Office of Human Rights established pursuant to the Office of Human Rights Establishment Act of 1999, effective October 20, 1999 (D.C. Law 13-38; D.C. Official Code § 2-1411.01 et seq.).

(7) "Retail establishment" means a place of business open to the general public for the sale of goods or services.

Sec. 3. Toilet facility access.

(a)(1) A retail establishment that has a customer toilet facility or an employee toilet facility shall allow an individual with an eligible medical condition reasonable access to the toilet facility upon request if:

(A) The individual presents proof of an eligible medical condition as described in section 6;

(B) The individual is lawfully on the premises of the retail establishment;

(C) The request for access to the toilet facility is made during business hours; and

(D) Three or more owners or employees are working at the time the individual requests access to the toilet facility.

(2) A retail establishment may decide which toilet facility to provide an individual with access; provided, that if a customer toilet facility is not available, that individual shall be allowed reasonable access to the employee toilet facility unless the employee toilet facility is located in an area where providing access to the area would create an obvious health or safety risk to the requesting individual or an obvious security risk to the retail establishment.

(b) A retail establishment is not required to make any physical changes to a customer toilet facility or an employee toilet facility or provide general public access to a customer or employee toilet facility.

Sec. 4. Medical necessity restroom access notice.

(a) Within 90 days of the effective date of this act, OHR shall:

(1) Provide information on its website regarding the purpose and requirements of this act; and

(2) Develop and make available on its website for download a one-page flyer outlining the purpose and requirements of this act in such a manner that a person with an eligible medical condition and a retail establishment may easily be informed of their respective rights and responsibilities and how to contact OHR if there is a question or to report a possible violation regarding restroom access.

(b) Within 90 days of the effective date of this act, the Department of Consumer and Regulatory Affairs, or its successor agency, shall include information about the requirements of this act along with other information presented to a business when applying for or renewing a business license.

Sec. 5. Medical Necessity Restroom Access Card.

(a) Within 90 days of the effective date of this act, DC Health shall develop an online form for the Medical Necessity Restroom Access Card ("MNRA Card") for medical professionals to download and complete with their patients who have eligible medical conditions.

(b) A completed MNRA Card shall include:

(1) The medical professional's attestation that the holder of the card has an eligible medical condition that requires access to either a customer toilet facility or an employee toilet facility;

(2) The name, work address, and any relevant licensing or certification information of the medical professional;

(3) The signature of the medical professional;

(4) The name and signature of the patient;

(5) The date the card is signed by the medical professional;

(6) A short description of this act; and

(7) Notice that the MNRA Card expires on a date determined by the medical professional that is:

(A) Within 9 months of the date signed by a medical professional if the eligible medical condition is pregnancy; or

(B) Within 2 years of the date signed by the medical professional for all other eligible medical conditions; and

(8) Information on the card to notify card holders on how to learn more information about this act or to report a possible violation.

Sec. 6. Proof of an eligible medical condition.

For purposes of this act, proof of an eligible medical condition shall be one of the following:

(a) A valid MNRA Card as described in section 5; or

(b) An identification card issued by a national organization that advocates for persons with eligible medical conditions indicating that the individual associated with the card suffers from an eligible medical condition.

Sec. 7. Liability, penalties, and enforcement.

(a) OHR shall develop by regulation a process for reviewing alleged violations of section 3 of this act within 90 days of the effective date of this act.

(b) A retail establishment found to have violated section 3 of this act shall receive a warning for the first violation and be subject to a civil penalty of $100 for every subsequent violation.

Sec. 8. Applicability.

(a) This act shall apply upon the date of inclusion of its fiscal effect in an approved budget and financial plan.

(b) The Chief Financial Officer shall certify the date of the inclusion of the fiscal effect in an approved budget and financial plan and provide notice to the Budget Director of the Council of the certification.

(c)(1) The Budget Director shall cause the notice of the certification to be published in the District of Columbia Register.

(2) The date of publication of the notice of the certification shall not affect the applicability of this act.

Sec. 9. Fiscal impact statement.

The Council adopts the fiscal impact statement in the committee report as the fiscal impact statement required by section 4a of the General Legislative Procedures Act of 1975, approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).

Sec. 10. Effective date.

This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), a 30-day period of congressional review as provided in section 602(c)(l) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code § l-206.02(c)(l)), and publication in the District of Columbia Register.