§ 46.115. Removing exclusions and restrictions.

 (a)  Disease or medical condition described in §  46.112(1). A person in charge may not remove an exclusion imposed as a result of a disease or medical condition described in §  46.112(1) (relating to diseases or medical conditions that must be reported) unless the excluded person provides the person in charge written medical documentation specifying that the excluded person may work in an unrestricted capacity in a food facility, including a facility that serves a highly susceptible population, because the person is free of the infectious agent of concern. This documentation shall be from a physician licensed to practice medicine, a licensed nurse practitioner or a licensed physician assistant.

 (b)  Disease or medical condition with respect to which restrictions are imposed under §  46.113(a)(2)(i). A person in charge may not remove a restriction imposed under authority of §  46.113(a)(2)(i) (relating to duty to impose exclusions and restrictions) as a result of a disease or medical condition unless at least one of the following is accurate:

   (1)  The person is free of the symptoms specified in §  46.112(3) and (4), and no foodborne illness occurs that may have been caused by the restricted person.

   (2)  The person is suspected of causing foodborne illness, but both of the following are true:

     (i)   The person is free of the symptoms specified in §  46.112(3) and (4).

     (ii)   The person provides written medical documentation from a physician licensed to practice medicine, a licensed nurse practitioner or a licensed 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.

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

 (c)  Disease or medical condition with respect to which restrictions are imposed under authority of §  46.113(a)(2)(ii). A person in charge may not remove a restriction imposed as a result of a disease or medical condition imposed under authority of §  46.113(a)(2)(ii) unless the restricted person provides written medical documentation from a physician licensed to practice medicine, a licensed nurse practitioner or a licensed physician assistant that indicates the restricted person’s stools are free from Salmonella typhi, Shigella spp. or Shiga toxin-producing Escherichia coli—whichever is the infectious agent of concern.

 (d)  Disease or medical condition with respect to which exclusions or restrictions are imposed under authority of §  46.113(b). A person in charge may not remove an exclusion or restriction imposed as a result of a disease or medical condition described in §  46.113(b) unless the excluded or restricted person provides written medical documentation from a physician licensed to practice medicine, a licensed nurse practitioner or a licensed physician’s assistant that specifies that the person is free of hepatitis A virus.

 (e)  Disease or medical condition with respect to which exclusions are imposed under authority of §  46.113(c). A person in charge may not remove an exclusion imposed with respect to a food facility serving a highly susceptible population as a result of a disease or medical condition described in §  46.113(c) unless the restricted person provides written medical documentation from a physician licensed to practice medicine, a licensed nurse practitioner or a licensed physician’s assistant that states, as applicable, that the person is:

   (1)  Free of the infectious agent of concern.

   (2)  Free of jaundice, if hepatitis A virus is the infectious agent of concern.

   (3)  Experiencing symptoms resulting from a chronic noninfectious condition such as Crohn’s disease, irritable bowel syndrome or ulcerative colitis.