§ 11.15 Control Measures; Duty to Exclude; Exclusion Orders.
RCNY § 11.15
(a)Any individual required to be isolated pursuant to provisions of this Article, and certain individuals infected with or carrying, suspected to be infected with or carrying, or having contact with people infected with or carrying certain organisms that cause disease, as indicated in this subdivision, shall be excluded by the operator, employer or person in charge of the applicable institution, facility or place as set forth in this subdivision.
(1)An individual infected with or carrying an organism that causes any of the following diseases who is a food handler shall be excluded until the individual no longer has symptoms and, as determined by the Department, no longer has an illness that is a risk to others. For the exclusion to be terminated, the excluded individual must provide the Department with clinical evidence of the absence of disease, which, as determined by the Department, may include two negative stool samples, taken not less than 24 hours apart and no less than 48 hours after resolution of symptoms, provided that, if the individual has received antimicrobial therapy, the first stool sample shall be taken no less than 48 hours after the last dose: Campylobacteriosis Cholera E. coli O15:H7 and other Shiga toxin-producing Escherichia coli (STEC) infections Salmonellosis (other than typhoid) Shigellosis Yersiniosis (2) An individual infected with or carrying an organism that causes any of the following diseases who is an enrollee or attendee under the age of five or staff member who has contact with children under the age of five in a school, day care facility, camp or other congregate care setting with children under the age of five; or a health care practitioner in a hospital or medical facility who provides oral care shall be excluded until the individual no longer has symptoms and, as determined by the Department, no longer has an illness that is a risk to others. For the exclusion to be terminated, the excluded individual must provide the Department with clinical evidence of the absence of disease, which, as determined by the Department, may include two negative stool samples, taken not less than 24 hours apart and no less than 48 hours after resolution of symptoms, provided that, if the individual has received antimicrobial therapy, the first stool sample shall be taken no less than 48 hours after the last dose: Cholera E. coli O15:H7 and other Shiga toxin-producing Escherichia coli (STEC) infections Shigellosis (3) An individual infected with or carrying an organism that causes any of the following diseases who is an enrollee or attendee under the age of five or staff member who has contact with children under the age of five in a school, day care facility, camp or other congregate care setting with children under the age of five; or a health care practitioner who provides oral care, shall be excluded until the individual no longer has symptoms, unless the Department determines that there is a continuing risk to others: Campylobacteriosis Salmonellosis (other than typhoid) Yersiniosis (4) An individual infected with or carrying an organism that causes any of the diseases listed in this paragraph who is a food handler; an enrollee or attendee under the age of five or staff member who has contact with children under the age of five in a school, day care facility, camp or other congregate care setting with children under the age of five; or a health care practitioner in a hospital or medical facility who provides oral care, shall be excluded until the individual no longer has symptoms and, as determined by the Department, no longer has an illness that is a risk to others. For the exclusion to be terminated, the excluded individual must provide the Department with clinical evidence of the absence of disease, which, as determined by the Department, may include three negative stool samples, taken not less than 24 hours apart and no less than 48 hours after resolution of symptoms, provided that, if the individual has received antimicrobial therapy, the first stool sample shall be taken no less than 48 hours after the last dose: Amebiasis Cryptosporidiosis Giardiasis (5) An individual, or a household contact of an individual, with Hepatitis A who is a food handler; an enrollee or attendee under the age of five or staff member who has contact with children under the age of five in a school, day care facility, camp or other congregate care setting with children under the age of five; or a health care practitioner in a hospital or medical facility who provides oral care, shall be excluded until determined by the Department to no longer have an illness that is a risk to others.
(b)An owner or person in charge of a work place, school, day care, camp or other congregate setting with children under the age of five, shelter or other congregate residential setting, or any other institution, facility or place specified in this section or this article, shall not knowingly or negligently permit a case, suspect case, contact or carrier to work in or attend such place when required by this article to be isolated or excluded.
(c)The Department may, in accordance with the provisions of subdivision (k) of 24 RCNY Health Code § 11.23, order any case, contact, or carrier, or suspected case contact or carrier of a contagious disease to be excluded from any setting when necessary for the protection of public health. (Amended City Record 10/15/2019, eff. 11/14/2019)
