An Act To Amend the Labor Laws as They Relate to Payment for Required Medical Examinations
Maine Legislature, Session 126, LD 1498
Committee: Labor, Commerce, Research and Economic Development
Sponsors: TUTTLE, HERBIG, CLEVELAND, JACKSON, PATRICK, CAMPBELL, GILBERT, HAMANN, MASON, MASTRACCIO
Amends: 26 MRSA §592

Legislative Document 
No. 1498 
S.P. 559 
In Senate, May 2, 2013 
An Act To Amend the Labor Laws as They Relate to Payment for 
Required Medical Examinations 
(AFTER DEADLINE) 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
205. 
Reference to the Committee on Labor, Commerce, Research and Economic Development 
suggested and ordered printed. 
DAREK M. GRANT 
Secretary of the Senate 
Presented by Senator TUTTLE of York. 
Cosponsored by Representative HERBIG of Belfast and 
Senators: CLEVELAND of Androscoggin, JACKSON of Aroostook, PATRICK of Oxford, 
Representatives: CAMPBELL of Newfield, GILBERT of Jay, HAMANN of South Portland, 
MASON of Topsham, MASTRACCIO of Sanford. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  26 MRSA §592, as amended by PL 1989, c. 535, is further amended to 
read: 
§592.  Charge by employer prohibited 
No employer may require any employee or accepted applicant for employment to 
bear the medical expense of an examination when that examination is ordered or required 
by the employer. No employer may require any employee or accepted applicant for 
employment to bear the expense of an eye examination ordered or required by the 
employer which that is performed by a person licensed to perform the examinations, 
except that if an employer orders or requires the eye examination to be performed by a 
specific type of eye care provider, or specific provider, the employer must pay for the 
examination only when performed by that specific type of eye care provider or specific 
provider.  An employer may pay for an examination under this section directly, or 
through group health insurance coverage of the employee 100% of the cost of which is 
paid by the employer or otherwise may pay in another manner, as long as the employee is 
not ultimately required to bear the expense of that examination. Any employer who 
violates this section commits a civil violation for which a forfeiture not to exceed $50 for 
each and every violation may be adjudged. It is the duty of the director to enforce this 
section.  Notwithstanding section 591, subsection 2, for the purposes of this section, the 
term "employer" includes the State, a county, a municipality, a quasi-municipal 
corporation or any other public employer.  For the purposes of this section, the term 
"accepted applicant" means an applicant who has been offered a job by the employer. 
SUMMARY 
Current law provides that an employer may not require an employee or accepted 
applicant for employment to bear the medical expense of an examination when that 
examination is ordered or required by the employer.  It also provides that an employer 
may pay for such an examination through group health insurance coverage of the 
employee.  This bill provides that an employer may pay for such an examination through 
group health insurance coverage of the employee only if the employer pays 100% of the 
cost of that coverage.