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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 Drug Testing topic.
For more information on privacy and medical records, see the Health Insurance Portability and Accountability Act topic.
AIDS-related test
Massachusetts law provides that an employer may not require an HTLV-III antibody (AIDS-related) test as a condition of employment.
Medical exam
State law provides that any employer who requires an employment medical exam must provide a copy to the individual upon request.
State
Contact
Massachusetts Department of Labor and Workforce Development
Regulations
AIDS-related test
Massachusetts General Laws, Title XVI, Ch. 111, §70F
https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXVI/Chapter111/Section70f
Medical exam
Massachusetts General Laws, Title XXI, Ch. 149, §19A
https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter149/Section19A
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)