2013 Maryland Code
HEALTH - GENERAL
§ 24-209 - Use of retail establishment's employee restrooms by certain customers -- In general [Effective until October 1, 2013].

§24-209.

(a) In this section, “customer” means an individual who:

(1) Suffers from Crohn’s disease, ulcerative colitis or any other inflammatory bowel disease, or any other medical condition that requires immediate access to a toilet facility; or

(2) Utilizes an ostomy device.

(b) At the request of a customer, and where a public restroom is not readily available, each retail establishment with 20 or more employees that has a toilet facility for its employees shall allow the customer to use the facility.

(c) Notwithstanding any provision of this section, an employee toilet facility is not to be considered a public restroom.

§ 24-209 - Use of retail establishment's employee restrooms by certain customers -- In general [Effective October 1, 2013].

(a) Definitions. --

(1) In this section the following words have the meanings indicated.

(2) "Customer" means an individual who is lawfully on the premises of a retail establishment.

(3) "Eligible medical condition" means:

(i) Crohn's disease, ulcerative colitis or any other inflammatory bowel disease, or any other medical condition that requires immediate access to a toilet facility; or

(ii) A condition that requires the use of an ostomy device.

(b) In general. -- At the request of a customer during normal business hours, and where a public restroom is not readily available, each retail establishment that has a toilet facility for its employees shall allow the customer to use the facility if:

(1) Three or more employees of the retail establishment are working at the time the customer requests use of the facility; and

(2) The customer suffers from an eligible condition that is documented with a signed statement by the customer's health care provider on an identification card that has been prepared by the Department of Health and Mental Hygiene in accordance with subsection (c) of this section.

(c) Identification card for eligible medical conditions to be available on Department's Web site. -- The Department of Health and Mental Hygiene shall develop a standard identification card that is available on the Department's Web site to be printed and signed by a health care provider as evidence of the existence of an eligible medical condition.

(d) Employee toilet not public restroom. -- Notwithstanding any provision of this section, an employee toilet facility is not to be considered a public restroom.