Medical exams - Alabama

Summary of differences between federal and state regulations

The federal laws which govern medical exams for employment purposes are the Americans with Disabilities Act (ADA), federal drug testing guidelines under the Omnibus Transportation Employee Testing Act, and the Health Insurance Portability and Accountability Act (HIPAA). A federal executive order prohibits federal employers from requesting genetic tests as a condition of employment, but there are as yet no provisions relating to private employers.

The ADA governs medical testing in relation to applicants and employees with disabilities. For more information on the ADA, see the Disability Discrimination topic.

Drug tests are not considered medical examinations under the ADA, but the records of such tests are considered confidential medical records from a privacy standpoint, and certain procedures must be followed in conducting the tests. For more information, see the Drug Testing topic.

For more information on privacy and medical records, see the section on the Health Insurance Portability and Accountability Act topic.

Alabama law mirrors the drug testing confidentiality of records. All information that is received by an employer in connection with a substance abuse program, including test results, must be kept confidential. Information on test results can’t be used in a criminal proceeding against an employee or job applicant.  

State

Contact

Alabama Department of Industrial Relations

Regulations

Ala. Code Title 25, §25-5-339

Federal

Contacts

Americans with Disabilities Act (ADA)

Drug testing
US Department of Transportation

Health Insurance Portability and Accountability Act (HIPAA)

Regulations

Americans with Disabilities Act (ADA)

29 CFR 1600, 1601, 1602, 1603, 1604,
1605, 1606, 1607, 1608, 1610, 1611,
1612, 1614, 1620, 1621, 1625, 1626,
1627, 1630, 1635, 1640, 1641
1650, 1690, 1691

Public Law 101-336

DOT drug testing rules

49 CFR Part 40

49 CFR Part 382

Health Insurance Portability and Accountability Act (HIPAA)

45 CFR Subchapter B – Parts 144, 146, 147, 148, 149, 150, 152, 153, 154, 155, 156, 157, 158, 159, Subchapter C – 160, 162, 164,

Public Law 104-191 (104th Congress)