(1) The department shall neither access nor distribute an individual's personal medical information or medical record without the individual's consent concurrent with a request for access.
(2) When the department requests access to the personal medical information or medical record of an employee of the department in connection with one of the following employment-related requests, occurrences, or claims, the employee's consent applies throughout the duration of the employment-related request, occurrence, or claim for which the access to the employee's personal medical information or medical record is requested:
(a) Family medical leave;
(b) A request for a workplace accommodation under the federal “Americans with Disabilities Act of 1990”, 42 U.S.C. sec. 12101 et seq., as amended;
(c) A request for short- or long-term disability benefits;
(d) Determining fitness to return to work after a lengthy absence;
(e) Physician verification of an absence exceeding three days;
(f) A request by a job applicant for an accommodation through the application process;
(g) A workers' compensation claim; or
(h) Disability retirement.
(3) This section does not:
(a) Prohibit the department from accessing an invoice, a sales receipt, or other documentation of a sale necessary to substantiate an exemption from state sales tax under section 39-26-717 as long as:
(I) No personal medical information or medical record is contained in the documentation; and
(II) Any information in the documentation that identifies or could be used to identify an individual patient or that indicates a patient diagnosis or treatment plan has been redacted from the documentation;
(b) Override the authority of the department to obtain and use a written medical opinion in accordance with section 42-2-112 ; or
(c) Apply to a request by the department for information in accordance with section 39-22-540(6) .
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