Section 410IAC7-24-122. Removal of exclusions and restrictions

   (a) The person-in-charge may remove an exclusion specified under section 121(a)(1) of this rule if:

(1) the employee is free of vomiting and/or diarrhea symptoms for at least twenty-four (24) hours; or

(2) the person excluded as specified under section 121(a)(1) of this rule provides to the person-in-charge written medical documentation from a physician licensed to practice medicine, a nurse practitioner, or a physician assistant that specifies the vomiting and/or diarrhea result from a chronic noninfectious agent, such as Crohn's disease, irritable bowel syndrome, or ulcerative colitis, or other acute noninfectious condition.

  (b) The person-in-charge may remove an exclusion specified under section 121(a)(2) of this rule if:

(1) the person-in-charge obtains approval from the regulatory authority; and

(2) the person excluded as specified under section 121(a)(1) of this rule provides to the person-in-charge written medical documentation from a physician licensed to practice medicine, a nurse practitioner, or a physician assistant that specifies that the excluded person may work in an unrestricted capacity in a retail food establishment, including an establishment that serves a highly susceptible population, because the person is free of the infectious agent of concern as specified in section 127 of this rule.

  (c) The person-in-charge may remove a restriction specified under:

(1) section 121(a)(3) of this rule if the restricted person:

(A) is free of the symptoms specified under section 121(a)(3)(A) of this rule and no foodborne illness occurs that may have been caused by the restricted person;

(B) is suspected of causing foodborne illness but:

(i) is free of the symptoms specified under section 120(a)(2)(A)(ii) and (B) [section 120(a)(2)(A)(ii) and 120(a)(2)(B)] of this rule; and

(ii) provides written medical documentation from a physician licensed to practice medicine, a nurse practitioner, or a physician assistant stating that the restricted person is free of the infectious agent that is suspected of causing the person's symptoms or causing foodborne illness as specified in section 127 of this rule; or

(C) provides written medical documentation from a physician licensed to practice medicine, a nurse practitioner, or physician assistant stating that the symptoms experienced result from a chronic noninfectious condition, such as Crohn's disease, irritable bowel syndrome, or ulcerative colitis; or

(2) section 121(a)(3)(B) of this rule if the restricted person provides written medical documentation from a physician licensed to practice medicine, a nurse practitioner, or physician assistant according to the criteria specified in section 127 of this rule that indicates the stools are free of Salmonella spp., Shigella spp., Shiga toxin-producing Escherichia coli, or norovirus, whichever is the infectious agent of concern.

  (d) The person-in-charge may remove an exclusion specified under section 121(a)(4) of this rule if the excluded person provides written medical documentation from a physician licensed to practice medicine, a nurse practitioner, or physician assistant:

(1) who specifies that the person is free of:

(A) the infectious agent of concern as specified in section 127 of this rule; or

(B) jaundice as specified under subsection (e) if hepatitis A virus is the infectious agent of concern; or

(2) if the person is excluded under section 121(a)(4)(A) of this rule, stating that the symptoms experienced result from a chronic noninfectious condition, such as Crohn's disease, irritable bowel syndrome, or ulcerative colitis.

  (e) The person-in-charge may remove an exclusion specified under section 121(a)(5) of this rule if:

(1) at least seven (7) days have passed since the onset of jaundice; or

(2) at least fourteen (14) days have passed since the onset of symptoms if no jaundice occurred.

  (f) For purposes of this section, a violation of subsection (a), (b), (c), (d) and (e) [subsections (a) through (e)] is a noncritical item. (Indiana State Department of Health; 410 IAC 7-24-122; filed Oct 13, 2004, 12:30 p.m.: 28 IR 841; errata filed Dec 13, 2004, 8:20 a.m.: 28 IR 1485; readopted filed Jul 15, 2010, 12:12 p.m.: 20100728-IR-410100261RFA; readopted filed Nov 10, 2016, 8:45 a.m.: 20161207-IR-410160371RFA)