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What does the law say?
State law allows customers with eligible medical conditions to use
employee restrooms in retail establishments. The medical condition must
be verified by the customer’s health care provider.
Patients and Health Care
Providers
Who is eligible to take advantage of the law?
Where can I get the form?
Are there other forms of acceptable identification?
What is an eligible medical condition?
What kind of health care provider can sign the form?
Who enforces this law?
What is a retail establishment?
What are an eligible customer’s rights and responsibilities under
this law?
Retail Establishments
Who enforces this law?
What if I don’t comply?
What are my rights as a business owner?
What do I do if a customer wants to use the employee restroom but
does not have the form or an eligible condition?
Patients and Health Care
Providers
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Who is eligible to take advantage of the law?
A customer with an eligible medical condition who presents a
form signed
by certain types of health care providers. They can use the employee
restroom at a retail establishment as long as the restroom is reasonably
safe. Using the restroom must not present an obvious health or safety
risk to the patient or security risk to the business or its employees.
Where can I get the form?
The form is available through our
Web site. Fraudulent use of the form is
a misdemeanor punishable under law. (RCW 9A.20.010)
Are there other forms of acceptable identification?
Yes. The law allows either a signed form or an identification card. The
identification card is issued by a nonprofit organization that serves
people with an eligible medical condition.
What is an eligible medical condition?
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Crohn's disease, ulcerative colitis or any other inflammatory bowel
disease, irritable bowel syndrome, any condition requiring use of an
ostomy device, or any permanent or temporary medical condition requiring
immediate access to a restroom.
What kind of health care provider can sign the form?
An advanced registered nurse practitioner,
osteopathic physician or
surgeon,
osteopathic physician assistant,
physician or surgeon, or a
physician assistant can sign the form.
What is a retail establishment?
A retail establishment is a place of business open to the general public
for the sale of goods or services. It does not include a filling
station, service station, or restaurant of eight hundred square feet or
less that has an employee restroom located within the structure.
What are an eligible customer’s rights and responsibilities under
this law?
These businesses must allow customers with eligible medical conditions
to use the restroom during normal business hours. The customer must
provide a signed copy of the form or approved identification card. The
customer can use the restroom if the employee restroom is reasonably
safe and is not located in an area where providing access would create
an obvious health or safety risk to the customer or pose a security risk
to the business or its employees.
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Retail Establishments
Who enforces this law?
Law enforcement agencies and city and county attorneys enforce this law.
The Department of Health does not have enforcement authority.
What if I don’t comply?
For the first violation, you will get a warning letter. Further
violations are treated as a class two civil infraction. (Chapter 7.80 RCW)
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What are my rights as a business owner?
A business does not have to make physical changes to an employee
restroom under this law. It can require an employee to accompany a
customer to the employee restroom. Except for willful or grossly
negligent acts or omissions, a retail establishment or an employee of
the business is not civilly liable for injuries resulting from this law.
What do I do if a customer wants to use the employee restroom but
does not have the form or an eligible condition?
A retail establishment with an employee restroom must allow any customer
to use the restroom during normal business hours if:
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Three or more
employees of the retail establishment are working when the customer
requests to use the restroom.
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The retail establishment
does not normally make a restroom available to the public.
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The employee restroom is
reasonably safe and is not located where providing access would create an
obvious health or safety risk to the customer.
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Customer access to the
employee restroom does not pose a security risk to the business or its
employees.
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