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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 Americans with Disabilities Act 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 section on Drug Testing.
For more information on privacy and medical records, see the Health Insurance Portability and Accountability Act topic.
Florida law regulates screening for sickle-cell trait, HIV, and genetic testing, and mirrors federal law in requiring drug testing information to be kept confidential.
Screening for sickle-cell trait
An employer may not require screening or sickle-cell trait as a condition of employment.
Screening for HIV
An employer may not require an employee or applicant to take an HIV test as a condition of employment unless being HIV-free is a bona fide occupational qualification for the job
Genetic testing
Genetic testing may only be performed by informed consent of the person to be tested. The results are confidential and are to be held exclusively by the person tested, and may not be disclosed without that person’s consent.
Drug test information
All information obtained by the employer relative to a drug and alcohol testing program must remain confidential and can not be used in a criminal proceeding against an employee or job applicant.
State
Contact
Florida Agency for Workforce Innovation
Regulations
Screening for sickle-cell trait
Florida Statute Title XXXI, Chapter 448, §448.076
Screening for HIV
Florida Statute Title XLIV, Ch. 760, §760.50
Genetic testing
Florida Statute Title XLIV, Chapter 760, §760.40
Drug test information
Florida Stat. Title XXXI, Chapter 440, §440.102(8) (private employers)
Florida Stat. Title X, Chapter 112, §112.0455(11) (public employers)
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
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)