22. Employee Protection

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22 Employee Protections
22.1. [EMPLOYMENT] Employment Protections. No employer shall make acceptance or rejection of any medical procedure or treatment a prerequisite of employment or continued employment.
22.1.1. No employer shall terminate or adversely effect the employment of a person based on the acceptance or rejection of a medical procedure or treatment.
22.1.2. No employer shall require medical testing in any form as a requisite of employment, continued employment, or qualification for a role. The following are exemptions: Periodic random testing for occupations which are safety critical. The use of controlled substances. The use of illegal substances.
22.2. [COLLECTION] Employer Collection of Medical Data. No employer shall require an employee to disclose medical information. An employer shall not solicit any medical information about an employee. An employer is liable for all accidental disclosures of health information collected. An employer may not create, assemble, or maintain any form of medical information database.
22.2.1. No employer shall disclose any medical information about an employee.
22.2.2. Health care providers may not share any medical information to employers.
22.2.3. These requirements apply to any third party entity who may provide or expect to provide information to the employer.
22.2.4. An employer may only solicit a statement of medical qualification from an employee and may never demand any form of medical record.
22.2.5. These protections also apply to a person applying for a job, are in the process of being hired, and who have not yet been employed.
22.2.6. [EXCEPTIONS] Exceptions. An employer may require an employee to disclose certain medical information if that information is protected by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and is necessary for a health care provider. The employer shall not maintain copies of this information but is permitted to temporarily transmit the data to a health care provider. The acts of collection or transmission will be documented by the employer and disclosed to the employee at every initial or descendant activity.


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