Employment Medical Examination Expense Amendments

26
34-33-101
34-33-1
34-33-103
34-33-2
34-33-101
34-33-1
34-33-103
34-33-2
0
Employment Medical Examination Expense Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Matthew H. Gwynn
Senate Sponsor: Derrin R. Owens
LONG TITLE
General Description:
This bill modifies provisions relating to an expense when an employer requires a
medical
examination.
Highlighted Provisions:
This bill:
defines terms;
prohibits an employer from requiring an individual to pay for a
medical examination;
prohibits an employer from using reimbursement to cover the cost of a
medical
examination;
provides a mechanism for enforcement;
grants rulemaking authority to the Labor Commission; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
ENACTS:
34-33-101
, Utah Code Annotated 1953
34-33-103
, Utah Code Annotated 1953
RENUMBERS AND AMENDS:
34-33-102
, (Renumbered from 34-33-1, as last amended by Laws of Utah 2024, Chapter
365)
34-33-104
, (Renumbered from 34-33-2, as last amended by Laws of Utah 2018, Chapter
148)
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
34-33-101
is enacted to read:
34-33-101
. Definitions.
As used in this chapter:
(1)
"Commission" means the Labor Commission created in Section
34A-1-103
.
(2)
"Division" means the Division of Antidiscrimination and Labor created in Section
34A-1-202
.
(3)
(a)
"Employer" means the same as that term is defined in 29 U.S.C. Sec. 203.
(b)
"Employer" includes a prospective employer.
(4)
"Health care provider" means the same as that term is defined in Section
78B-3-403
.
(5)
(a)
"Medical examination" means a physical examination an employer requires as a
condition of pre-employment, employment, or continued employment.
(b)
"Medical examination" includes drug testing.
(c)
"Medical examination" does not include an appointment conducted to allow an
employee to take or return from medical leave following an injury or illness that
occurs outside the course and scope of employment.
Section 2. Section
34-33-102
, which is renumbered from Section 34-33-1 is renumbered
and amended to read:
34-33-1
34-33-102
. Unlawful for employer to charge employee medical
examination fee.
It shall be unlawful for any person, firm, corporation or partnership to charge any
person a medical fee for the physical examination of any applicant for employment with such
person, firm, corporation or partnership, or to deduct the cost of such physical examination
from the money earned by such employee or to make any charge for or to deduct from the
earnings of such employee any medical fee for any physical examination upon the
re-employment of any employee who may have discontinued such employment, or who may
have been discharged or whose employment has otherwise been terminated; nor shall any
employer, as a condition of pre-employment, employment, or continued employment, require
any employee or person applying for employment to submit to or obtain a physical
examination, unless such employer shall pay all costs of such physical examination.
(1)
An employer may not:
(a)
charge an individual a fee for a medical examination;
(b)
require an individual to obtain a medical examination unless the employer pays the
costs the health care provider charges the individual;
(c)
require an employee to receive a medical exam that the employer requires outside of
the employee's shift without pay; or
(d)
require an employee to use leave to receive a medical exam that the employer
requires.
(2)
An employer may not require an individual to pay for a medical examination even if
the employer reimburses the individual.
Section 3. Section
34-33-103
is enacted to read:
34-33-103
. Enforcement -- Remedy -- Rulemaking authority.
(1)
The division shall enforce compliance with this chapter by:
(a)
investigating alleged violations of this chapter; and
(b)
determining the validity of a claim for a violation of this chapter that an individual
files with the division in accordance with Subsection
(2)
.
(2)
(a)
An individual may file a claim with the division for a violation of this chapter.
(b)
An individual shall file a claim under this Subsection
(2)
within one year after the
day on which the individual pays the employer a fee for a medical examination or
pays a health care provider for a medical examination.
(3)
(a)
If the division determines a claim filed in accordance with Subsection
(2)
is valid,
the division shall order the employer to reimburse the fee the individual paid to the
employer and the cost the individual paid to the health care provider for the medical
examination.
(b)
The division may assess against an employer who violates this chapter, a penalty of
up to 5% of:
(i)
the fee the individual paid to the employer; and
(ii)
the cost the individual paid to the health care provider for the medical
examination.
(c)
The division shall assess the penalty described in Subsection
(3)(b)
daily until the
employer pays:
(i)
the individual the amount the employer owes to the individual; and
(ii)
the penalty for a period not to exceed 20 days.
(d)
The division shall:
(i)
retain 50% of the money the division receives from a penalty payment under
Subsection
(3)(b)
for the costs of administering this chapter; and
(ii)
pay the 50% not retained under Subsection
(3)(d)(i)
to the individual.
(4)
The commission may make rules in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, to enforce this chapter.
Section 4. Section
34-33-104
, which is renumbered from Section 34-33-2 is renumbered
and amended to read:
34-33-2
34-33-104
. Violation a misdemeanor.
Any person, firm, corporation or partnership violating
A person that violates
the
provisions of this chapter is guilty of a class B misdemeanor.
Section 5.
Effective Date.
This bill takes effect on
May 6, 2026
.
3-2-26 2:58 PM