Federal & State Regulations | Medical exams - Maine | J. J. Keller® Compliance Network

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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 section on the Health Insurance Portability and Accountability Act, or HIPAA.

Drug test information

Maine law mirrors federal drug testing law in requiring confidentiality of test results.

Payment for exams

Maine law provides that an employer can not require an employee or accepted applicant to pay for a medical or eye exam required by the employer.

HIV test

An employer may not require an employee or applicant to submit to an HIV test as a condition of employment except where it is based on a bona fide occupational qualification