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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. Americans with Disabilities Act
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.
Genetic test
Vermont statutes provide that an employer may not require a genetic test of an employee or applicant as a condition of employment or use such information except that results may be used in circumstances related to life, disability, or long-term care insurance.
HIV test
An employer may not request or require an HIV-related test of employees or applicants as a condition of employment except where HIV status is a bona fide occupational qualification.
Payment of exam
An employer may not require an employee or applicant to pay the cost of a medical exam as a condition of employment.
Drug test information
All information received by an employer in connection with a drug testing program shall be confidential.
State
Contact
Department of Labor & Industry
Regulations
Genetic test
Vermont Statutes Title 18, Part 8, Chapter 217, §9333
HIV test
Vermont Statutes Title 3 Part 1 Chapter 27 Subchapter 4, §961
Payment of exam
Vermont Statutes Title 21, Chapter 5, Subchapter 1 §301
Drug test information
Vermont Statutes Title 21, Chapter 5, Subchapter 11 §516
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)