1. A. Except as provided in §C of this regulation, a covered entity may not conduct a preemployment inquiry or medical examination to ascertain the existence of or the severity of a disability.
2. B. A covered entity may make a preemployment inquiry into an applicant's ability to perform job-related functions.

3. C. This section does not prohibit a covered entity from conditioning an offer of employment on the results of a medical examination conducted before the employee's entrance on duty, if:

   1. (1) All entering employees in the same job category are subjected to the examination regardless of disability; and
   2. (2) The results of the examination are used only in accordance with the requirements of §D of this regulation.

4. D. Information obtained in accordance with this section as to the condition or history of the employee or applicant shall be collected and maintained on separate forms in separate files that are accorded confidentiality as medical records, except that:

   1. (1) Supervisors and managers may be informed regarding restrictions on the work or duties of an employee with a disability, and necessary accommodations;
   2. (2) First aid and safety personnel may be informed, when appropriate, if the condition may require emergency treatment; and
   3. (3) The staff of the Commission investigating compliance with State Government Article, §20-606, Annotated Code of Maryland, shall be provided medical information upon request.

Authority: State Government Article, §§10-111, 10-111.1(b), 10-205, 2-506, and 20-207, Annotated Code of Maryland;
62 Opinions of the Attorney General 36 (1977)

Effective date: July 27, 1979 (6:15 Md. R. 1285)

Regulation .02 amended effective April 4, 1988 (15:7 Md. R. 852)

Regulations .01—.08, Anti-Discrimination Relating to the Handicapped, repealed and new Regulations .01—14, Anti-Discrimination Relating to Persons with Disabilities, adopted effective December 24, 2001 (28:25 Md. R. 2192)

Regulation .01 amended effective April 18, 2011 (38:8 Md. R. 507)

Regulation .02B amended effective April 18, 2011 (38:8 Md. R. 507)

Regulation .07D amended effective April 18, 2011 (38:8 Md. R. 507)

Regulation .09B amended effective April 18, 2011 (38:8 Md. R. 507)

Regulation .14 amended effective April 18, 2011 (38:8 Md. R. 507)