Bathroom Access in Retail Facilities for Customers with Selected Medical Conditions


Under a law passed by the General Assembly (Maryland Code Ann. Health-General § 24-209​), persons who have been judged by their health care provider to have an eligible medical condition can use a card signed by the provider to use a non-public toilet facility in a retail establishment.    

Eligible medical conditions include: Crohn’s disease, ulcerative colitis, inflammatory bowel diseases, conditions that require the use of an ostomy device, or other conditions that require immediate access to a toilet facility.

The law specifies that:
  1. It applies to establishments that have a toilet facility available for its employees;
  2. A total of three or more employees must be working at the retail establishment at the time the customer requests the use of a non-public toilet facility;
  3. The request to use a non-public toilet facility must be made during normal business hours; and
  4.  The customer must verify their eligibility by producing an iden​​tification card that is issued by the Department and signed by the customer’s health care provider. 
The card is for the affected person only, and should not be used by anyone else.  It should be signed by a licensed health care provider.