KRS 211.395: Use of toilet facilities in public or semipublic building -- Conditions --

Immunity from civil liability.

(1) The department shall inform the operator of any public or semipublic building

regulated by KRS 211.180 that has a toilet facility for its emp loyees that a person

may use that facility during normal business hours if all of the following conditions

are met:

(a) The person requesting the use of the employee toilet facility provides the

public or semipublic building operator with evidence of the p erson's eligible

medical condition including:

1. A copy of a statement signed by a physician, defined in KRS 311.550, a

physician assistant, defined in KRS 311.840, or an advanced practice

registered nurse, defined in KRS 314.011, that indicates the person has

an eligible medical condition or uses an ostomy device; or

2. An identification card that is issued by a nationally recognized health

organization and that indicates the person has an eligible medical

condition or uses an ostomy device;

(b) Three (3) or more employees of the public or semipublic building are on the

premises at the time the person requests use of the employee toilet facility;

(c) The public or semipublic building operator does not normally make a toilet

facility available to the public;

(d) The employee toilet facility is not located in an area where providing access

would create an obvious health or safety risk to the person requesting to use

the facility or an obvious risk to the public or semipublic building; and

(e) A public toilet facility is not immediately accessible to the person.

(2) (a) The public or semipublic building operator is not civilly liable for any act or

omission in allowing a person that has an eligible medical condition or uses an

ostomy device to use an employee to ilet facility that is not a public rest room

if the act or omission meets the following requirements:

1. It is not willful or grossly negligent; and

2. It occurs in an area of the public or semipublic building that is not

accessible to the public.

(b) The public or semipublic building operator is not civilly liable to any

individual accompanying a person with an eligible medical condition or who

uses an ostomy device upon the same conditions and requirements as those set

forth in subsection (2)(a) of this section.

(3) The public or semipublic building operator is not required to make any physical

changes to an employee toilet facility under KRS 211.394 and this section.