Section 25-D1401. INVESTIGATION AND CONTROL - OBTAINING INFORMATION, ILLNESSES

 

1401.1When the Department has probable cause to believe that a licensee, manager, or employee of a massage establishment or health spa facility is suspected of transmitting a contagious disease; is infected with a disease in a communicable form that is transmissible through bloodborne or skin pathogen; is a carrier of an infectious agent that causes a disease that is transmissible through bloodborne or skin pathogen; or is affected with a boil, an infected wound, or acute respiratory infection, as specified in section 1400.1, the Department shall:

 

 (a) Secure a confidential medical history of the a licensee, manager, or employee suspected of transmitting a contagious disease or making other investigations as deemed appropriate; and

 

(b)Require appropriate medical examinations, including collection of specimens for laboratory analysis, of a suspected a licensee, manager, or employee.

 

1401.2If the Department has reasonable suspicion that a disease has been transmitted by a licensee, manager, or employee in the course of performing a massage therapy session, the Department shall conduct an investigation or examination as appropriate and take action as needed to protect and preserve the public health as specified in section 1400.1.

 

(a)Exclusion of the employee from the massage establishment or health spa facility as specified in chapter 4; or

 

(b)The immediate closure of the massage establishment or health spa facility as specified in section 1306.

 

authority

Section 4902 of the Department of Health Functions Clarification Act of 2001 (“Act”) (effective October 3, 2001), D.C. Law 14-28, D.C. Official Code § 7-731(a)(12) (2008 Repl.), and the Mayor’s Order 2006-10 dated January 27, 2006

source

Final Rulemaking published at 56 DCR 7975 (October 9, 2009)