Federal & State Regulations | Medical exams - Arkansas

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 Health Insurance Portability and Accountability Act topic.

Drug testing

Arkansas law mirrors federal drug testing law in providing that all records obtained by an employer in conjunction with a drug or alcohol testing program are to be kept confidential. Information received can not be used in a criminal proceeding against an employee or job applicant.

Medical exam

Arkansas law provides that an employer can not require a medical exam of an employee or applicant unless the employer pays for it and provides a free copy of the exam to the employee/applicant.

Genetic test

Arkansas law prohibits an employer from requiring a genetic test from an employee or applicant.