{"data":{"id":"us-ky/krs-211.395","jurisdiction":"us-ky","citation":"KRS 211.395","heading":"Use of toilet facilities in public or semipublic building -- Conditions --","body":"Immunity from civil liability.\n(1) The department shall inform the operator of any public or semipublic building\nregulated by KRS 211.180 that has a toilet facility for its emp loyees that a person\nmay use that facility during normal business hours if all of the following conditions\nare met:\n(a) The person requesting the use of the employee toilet facility provides the\npublic or semipublic building operator with evidence of the p erson's eligible\nmedical condition including:\n1. A copy of a statement signed by a physician, defined in KRS 311.550, a\nphysician assistant, defined in KRS 311.840, or an advanced practice\nregistered nurse, defined in KRS 314.011, that indicates the person  has\nan eligible medical condition or uses an ostomy device; or\n2. An identification card that is issued by a nationally recognized health\norganization and that indicates the person has an eligible medical\ncondition or uses an ostomy device;\n(b) Three (3) or more employees of the public or semipublic building are on the\npremises at the time the person requests use of the employee toilet facility;\n(c) The public or semipublic building operator does not normally make a toilet\nfacility available to the public;\n(d) The employee toilet facility is not located in an area where providing access\nwould create an obvious health or safety risk to the person requesting to use\nthe facility or an obvious risk to the public or semipublic building; and\n(e) A public toilet facility is not immediately accessible to the person.\n(2) (a) The public or semipublic building operator is not civilly liable for any act or\nomission in allowing a person that has an eligible medical condition or uses an\nostomy device to use an employee to ilet facility that is not a public rest room\nif the act or omission meets the following requirements:\n1. It is not willful or grossly negligent; and\n2. It occurs in an area of the public or semipublic building that is not\naccessible to the public.\n(b) The public or semipublic building operator is not civilly liable to any\nindividual accompanying a person with an eligible medical condition or who\nuses an ostomy device upon the same conditions and requirements as those set\nforth in subsection (2)(a) of this section.\n(3) The public or semipublic building operator is not required to make any physical\nchanges to an employee toilet facility under KRS 211.394 and this section.","path":["KRS Chapter 211"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=8396","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:12Z","sha256":"506b2638039b9a814057fd8c97c54512edb7e75bea415e982b9963168494631e","source_id":"us-ky","stale":false,"prev":"us-ky/krs-211.394","next":"us-ky/krs-211.400"},"notice":"GroundRules: Original legal text. Not legal advice."}