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.
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