1. Short title This Act may be cited as the Restroom Access Act of 2023 . 2. Medically necessary restroom access (a) In general Any retail establishment that has a restroom facility that is not usually accessible to the public shall allow a customer to use that facility during business hours of such retail establishment if— (1) the customer suffers from an eligible medical condition; (2) the customer presents an identification card as described by subsection (b); (3) two or more employees of the retail establishment are working at the time the customer requests use of the restroom facility; (4) the restroom facility is not located in an area where providing access would create an obvious health or safety risk to the customer; and (5) a public restroom is not available to the customer at the time at which they seek to use such restroom. (b) Identification card Not later than 180 days after the date of the enactment of this Act, the Secretary of Labor shall establish a system to create and distribute an identification card to an individual for whom a medical professional has certified has an eligible medical condition. (c) Definitions In this section: (1) Customer The term customer means an individual who is lawfully on the premises of a retail establishment. (2) Eligible medical condition The term eligible medical condition means— (A) any inflammatory bowel disease, including Crohn’s disease, ulcerative colitis or irritable bowel syndrome; (B) the use of an ostomy device; or (C) any other diagnosed medical condition, including pregnancy, that would require immediate access to a restroom facility. (3) Medical professional The term medical professional means a physician, naturopathic physician, physician assistant, nurse, or nurse practitioner qualified to diagnose an eligible medical condition. (4) Retail establishment The term retail establishment means a place of business open to the public for the sale of goods or services moving in or affecting interstate commerce.