<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".07" citation="COMAR 14.03.02.07" title_num="14" subtitle_num="03" chapter_num="02" heading="Preemployment Inquiries.">
  <paragraph num="A.">
    <text>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.</text>
  </paragraph>
  <paragraph num="B.">
    <text>A covered entity may make a preemployment inquiry into an applicant's ability to perform job-related functions.</text>
  </paragraph>
  <paragraph num="C.">
    <text>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:</text>
    <paragraph num="(1)">
      <text>All entering employees in the same job category are subjected to the examination regardless of disability; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The results of the examination are used only in accordance with the requirements of §D of this regulation.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>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:</text>
    <paragraph num="(1)">
      <text>Supervisors and managers may be informed regarding restrictions on the work or duties of an employee with a disability, and necessary accommodations;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>First aid and safety personnel may be informed, when appropriate, if the condition may require emergency treatment; and</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The staff of the Commission investigating compliance with State Government Article, §20-606, Annotated Code of Maryland, shall be provided medical information upon request.</text>
    </paragraph>
  </paragraph>
</regulation>