Section 25-D406. DISEASE OR MEDICAL CONDITION - RESPONSIBILITY OF MANAGER TO REMOVE, ADJUST, OR RETAIN EXCLUSIONS AND RESTRICTIONS OF ILL MASSAGE THERAPISTS OR ANCILLARY EMPLOYEES*


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    406.1A manager may reinstate a massage therapist or ancillary employee who was excluded under section 404.1(a) for being symptomatic with vomiting or diarrhea if the massage therapist or ancillary employee:

     

    (a)Is asymptomatic for at least twenty-four (24) hours; or

     

    (b)Provides his or her supervisor with written medical documentation from a licensed physician that states the symptom is from a noninfectious condition.

     

    406.2If a massage therapist or ancillary employee was diagnosed with an infection from a Norovirus and excluded under section 404.1(b), a manager may restrict the massage therapist or ancillary employee after he or she has been asymptomatic for at least twenty-four (24) hours, and may reinstate the massage therapist or ancillary employee after the conditions for reinstatement specified in sections 406.3 have been met.

     

    406.3A manager may reinstate a massage therapist or ancillary employee who was excluded under section 404.1(b) or restricted under section 405.1 or 406.2 for a Norovirus if the manger obtains approval from the Department and one (1) of the following conditions is met:

     

    (a)The excluded or restricted employee provides his or her manager with written medical documentation from a licensed physician that states the massage therapist or ancillary employee is free of Norovirus infection;

     

    (b)The massage therapist or ancillary employee was restricted after symptoms of vomiting or diarrhea resolved, and more than forty-eight (48) hours have passed since the massage therapist or ancillary employee became asymptomatic; or

     

    (c) The massage therapist or ancillary employee was restricted and did not develop symptoms and more than forty-eight (48) hours have passed since the massage therapist or ancillary employee was diagnosed. 

     

    406.4A manager may reinstate a massage therapist or ancillary employee who was restricted under section 405.2 for sore throat with fever if the massage therapist or ancillary employee provides his or her manager with written medical documentation from a licensed physician that states the massage therapist or ancillary employee meets one (1) of the following conditions:

     

    (a) Has received antibiotic therapy for Streptoccoccus pyogenes infection for more than twenty-four (24) hours;

     

    (b) Has at least one negative throat specimen culture for Streptoccoccus pyogenes infection; or

     

    (c)Is otherwise determined by a licensed physician to be free of a Streptoccoccus pyogenes infection.

     

    406.4A manager may reinstate a massage therapist or ancillary employee who was restricted as specified in section 405.3 if the skin, infected wound, cut, or pustular boil is properly covered with one (1) of the following:

     

    (a)An impermeable cover such as a finger cot or stall and a single-use glove over the impermeable cover if the infected wound or pustular boil is on the hand, finger, or wrist;

     

    (b)An impermeable cover on the arm if the infected wound or pustular boil is on the arm; or

     

    (c)A dry, durable, tight-fitting bandage if the infected wound or pustular boil is on another part of the body.

     

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)