§1300.43. Restroom access

            A. Any retail establishment that has a restroom for employee use, which does not permit individuals to access the employee restroom, shall allow an individual to use the restroom during normal business hours if the restroom is maintained in a reasonably safe manner and all of the following conditions are met:

            (1) The individual requesting access to the employee restroom presents a copy of a written statement, signed, and issued by a healthcare provider on the healthcare provider's letterhead or of a facility with which the healthcare provider is associated, stating that the individual suffers from an eligible medical condition as provided in R.S. 40:1123.2 or utilizes an ostomy device.

            (2) A public restroom is not immediately accessible to the individual.

            (3) The employee restroom is located in an area of the retail establishment where access would not create an obvious risk to the health or safety of the individual or create an obvious security risk to the retail establishment.

            B. This Section shall not apply to any retail establishment that meets either of the following criteria:

            (1) It sells prescription drugs, if the employee restroom is located in an area where the individual may gain access to any prescription drugs.

            (2) It maintains records or information that are subject to the Health Insurance Portability and Accountability Act of 1996, if the employee restroom is located in an area where the records or information may be accessed.

            Acts 2021, No. 444, §1; Acts 2022, No. 271, §§4, 9A; Acts 2022, No. 358, §1; Redesignated from R.S. 40:1123.3.