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(127th General Assembly)
(Amended House Bill Number 150)
To enact sections 5.2240, 4173.01, 4173.02, and
the Revised Code to establish a "good
Samaritan law" to
encourage retail establishments
to allow customers
with eligible medical
conditions to use the retail
restrooms that are not usually
available to the
public, to limit the liability
establishment that allows such access, and to
designate May 23 as Crohn's and Colitis Awareness
Day in Ohio.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That sections 5.2240, 4173.01, 4173.02, and
the Revised Code be enacted to read as follows:
Sec. 5.2240. The twenty-third day of May is designated as
"Crohn's and Colitis Awareness Day."
Sec. 4173.01. As used in this chapter:
(A) "Customer" means an individual who is lawfully on the
premises of a retail establishment.
(B) "Eligible medical condition" means Crohn's disease,
ulcerative colitis, any other inflammatory bowel disease,
irritable bowel syndrome, or any other medical condition that
requires immediate access to a toilet facility.
(C) "Retail establishment" means a place of business open to
the general public for the sale of goods or services. "Retail
establishment" does not include a filling station or service
station, with a structure of eight hundred square feet or less,
that has an employee toilet facility located within that
Sec. 4173.02. (A) Any retail establishment that has a toilet
facility for its employees is encouraged to permit a customer to
use that facility during normal business hours if the toilet
facility is reasonably safe and all of the following conditions
(1) The customer requesting the use of the employee toilet
facility suffers from an eligible medical condition or utilizes an
(2) The employee toilet facility is not located in an area
where providing access would create an obvious health or safety
risk to the customer or an obvious security risk to the retail
(3) A public restroom or employee restroom normally available
to the public is not immediately accessible to the customer.
(B) This section does not require a retail establishment to
make any physical changes to an employee toilet facility.
(C) No restroom facility, by reason of being made available
to a customer pursuant to this section, shall be considered a
public facility for the purpose of laws or regulations that
generally govern facilities available to the public. That restroom
facility shall be governed by the laws and regulations that
otherwise would govern the facility if it were not made available
to a customer pursuant to this section.
Sec. 4173.03. No retail establishment or an employee of a
retail establishment shall be liable in any civil action for an
injury or death of a customer resulting from any act or omission
in allowing a customer to use an employee toilet facility pursuant
to section 4173.02 of the Revised Code if the act or omission is
not willful or grossly negligent.