§ 53.5. Exceptions.
(a) Photograph. A health care facility, health care provider, employment agency or private practice of a physician may permit an employee to wear an identification badge without a photograph if having a photograph taken would violate the tenets of the employee’s religion or religious beliefs.
(b) Policies and procedures for exemption. A health care facility, health care provider, employment agency or private practice of a physician shall establish policies and procedures in the event that an employee requests an exception under subsection (a), which, at a minimum:
(1) Require the employee to submit a signed and notarized statement that the taking of a photograph would violate the employee’s religion or religious beliefs.
(2) Ensure that the employee wears an identification badge that contains the information in § 53.3(a)(2)—(4) (relating to contents of photo identification badge).
(3) Contain the employee’s height and eye color.
(c) Use of identification badge not clinically feasible. An employee may not be required to wear an identification badge while delivering direct care to a patient or consumer if not clinically feasible.
(d) Employee safety. The last name of the employee may be omitted or concealed when delivering direct care to a patient or consumer who exhibits symptoms of irrationality or violence.
(e) Policies and procedures for exemption. A health care facility, health care provider, employment agency or private practice of a physician shall establish policies and procedures in the event that an employee requires an exception under subsection (d), which, at a minimum describe:
(1) The process to be followed in the event that an employee requires an exception.
(2) How employees with the same first name will be differentiated.
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