WONDERING WHAT THE LAW IS IN YOUR STATE?
Oral Fluid laws are inconsistent across all 50 states, making things a bit confusing at times. In order to keep up with the ever-changing laws, DISA has provided this interactive map for employers to get a quick, high-level overview of considerations that should be taken into account before using oral fluid tests in each state.
Last Updated: April 2023
Data Source: Orasure Technologies
Disclaimer: This information is provided for educational purposes only and not as legal advice or opinion. The reader retains full responsibility for the use of the information contained herein. Employers or employees seeking a determination of legal rights should seek the counsel of an attorney or designated official of the applicable regulating agency.
Permitted
Permitted, with conditions
Partially Prohibited
Prohibited
Map data provided by: OraSure Technologies.Inc
Specimen Specified - Tissue, blood, breath, urine, or other product of the human body is capable of revealing the presence of drugs or alcohol. See Dept. of Labor for further details.
Confirmation - Required
MRO - Required
Specimen Specified - Urine or Breath.
Confirmation - Required
MRO - Required
Specimen Specified - Urine, blood, hair, saliva, breath, or other bodily specimens.
Confirmation - Required
MRO - Not Mentioned
* = Law requires all testing to take place in a lab, but also states nothing in the law is meant to discourage POCT.
Specimen Specified - N/A.
Confirmation - Not Mentioned (highly recommended)
MRO - Not Mentioned (highly recommended)
Specimen Specified - N/A.
Confirmation - Not Mentioned (highly recommended)
MRO - Not Mentioned (highly recommended)
* = State's lab license law would preclude any POCT; however, state does not enforce the law upon employers. Compliance is highly suggested.
Note: See San Francisco specific requirements below
Specimen Specified - No
Confirmation - Not Mentioned (highly recommended)
MRO - Not Mentioned (highly recommended)
* = Job dependent; contact Department of Labor
Specimen Specified - N/A
Confirmation - Not Mentioned (highly recommended)
MRO - Not Mentioned (highly recommended)
* = Except in WC presumption of impairment cases.
Note: See Boulder specific requirements below
Specimen Specified - Not defined, but statute refers to "urine, blood, or other bodily fluid or tissue" and requires a split specimen.
Confirmation - Required
MRO - Not Mentioned
Specimen Specified - No
Confirmation - Required
MRO - Not Mentioned
Specimen Specified - N/A
Confirmation - Not Mentioned (highly recommended)
MRO - Not Mentioned (highly recommended)
Specimen Specified - N/A
Confirmation - Not Mentioned (highly recommended)
MRO - Not Mentioned (highly recommended)
Specimen Specified - N/A
Confirmation - Required
MRO - Required
* = Florida law does not prohibit oral fluid testing, but only provides collection procedures, testing procedures, and cut-off levels for urine and blood.
Specimen Specified - Urine, blood, hair, saliva, breath, or other bodily specimen
Confirmation - Required
MRO - Mentioned (Law refers to MRO but does not explicitly require one).
* = Pre-employment screening only voluntary under law; POCT results must be confirmed.
Specimen Specified - Urine, saliva (under limited circumstances) and blood (under limited circumstances).
Confirmation - Required
MRO - Required
* = POCT oral fluid specifically permitted by DOH; FDA-cleared devices only.
Specimen Specified - No.
Confirmation - Required
MRO - Mentioned (employer must offer employee chance to discuss results with an MRO or other qualified person).
Specimen Specified - N/A
Confirmation - Not mentioned (highly recommended)
MRO - Not mentioned (highly recommended)
Note: See Illinois Public Works specific requirements below
Specimen Specified - Blood and urine
Confirmation - Not Mentioned (implied)
MRO - Not Mentioned (implied)
Specimen Specified - N/A.
Confirmation - Not Mentioned (highly recommended)
MRO - Not Mentioned (highly recommended)
Specimen Specified - Urine, saliva, and breath are permitted. Blood and hair (limited circumstances).
Confirmation - Required
MRO - Not Mentioned
Specimen Specified - Urine, blood, and saliva (but law does not limit to these specimens)
Confirmation - Required
MRO - Not Mentioned
* = Attorney General permits POCT, while DOH disagrees.
Specimen Specified - Urine, breath, and any specimen that can be shown as equivalent in accuracy to urine and breath.
Confirmation - Required
MRO - Required
*= Complies with SAMHSA, however, law specifically states that urine must be used for drugs. Employers wanting to use oral fluid should go to the Office of Workers' Claim for approval.
Specimen Specified - Urine, blood, saliva, or hair
Confirmation - Required
MRO - Required
* = FDA- cleared devices only.
Specimen Specified - Bodily fluids, specifically urine, oral fluids, hair and sweat permitted; blood (under limited circumstances).
Confirmation - Required
MRO - Not Mentioned (highly recommended)
* = Compliance with HHS/SAMHSA
**= Rapid result testing must be performed in a facility certified as a laboratory. Employers are prohibited from testing their employees.
Specimen Specified - Blood, urine, saliva, and hair (for pre-employment only).
Confirmation - Required
MRO - Required
* = Pre-employement only; must register with the state; FDA approved devices only.
Specimen Specified - N/A.
Confirmation - Not Mentioned
MRO - Not Mentioned
Specimen Specified - N/A.
Confirmation - Not Mentioned
MRO - Not Mentioned
Specimen Specified - Body component sample
Confirmation - Required
MRO - Not Mentioned (highly recommended)
Specimen Specified - Urine (for drugs), breath and saliva (for initial alcohol), and blood (for alcohol confirmation)
Confirmation - Required
MRO - Required
* = Initial alcohol only
**= An employee or contractor of the employer who will collect specimens must be trained by a manufacturer, vendor, or other provider of drug and alcohol testing devices or by a laboratory. This may limit POCT.
Specimen Specified - N/A.
Confirmation - Not Mentioned
MRO - Not Mentioned
Specimen Specified - Urine, oral fluid, and breath (for alcohol)
Confirmation - Required
MRO - Required
* = Testing procedure must be as strict as those described in DOT guidelines. Testing methodologies must be cleared by FDA. This may limit POCT.
Specimen Specified - Bodily fluid or breath
Confirmation - Required
MRO - Not Mentioned
Specimen Specified - N/A.
Confirmation - Not Mentioned
MRO - Not Mentioned
* = Restricted personnel use; only licensed medical facilities with a lab and laboratories may perform.
Specimen Specified - N/A.
Confirmation - Not Mentioned
MRO - Not Mentioned
Specimen Specified - N/A.
Confirmation - Not Mentioned (highly recommended)
MRO - Not Mentioned (highly recommended)
* = Facilities that perform ONLY POCT are exempt from laboratory licensing requirements but must meet additional requirements put forth by law. This may limit POCT.
Specimen Specified - N/A.
Confirmation - Not Mentioned
MRO - Not Mentioned
Specimen Specified - N/A.
Confirmation - Required
MRO - Required
* = Facilities that perform POCT are subject to the same standards as laboratories. This may limit POCT.
Specimen Specified - Urine, blood, hair or oral fluid
Confirmation - Required
MRO - Not Mentioned
* = Pre-employment only. Must take place in a laboratory limiting POCT.
Specimen Specified - No
Confirmation - Not Mentioned
MRO - Not Mentioned
Specimen Specified - Urine (for drugs) and breath or blood (for alcohol).
Confirmation - Required
MRO - Required
Specimen Specified - Tissue, fluid or product of the human body chemically capable of revealing the presence of drugs or alcohol.
Confirmation - Mentioned
MRO - Mentioned
Specimen Specified - Materials or bodily fluids derived from a human person.
Confirmation - Required
MRO - Not Mentioned (highly recommended)
* = FDA-cleared only; must register to conduct POCT.
Specimen Specified - N/A.
Confirmation - Not Mentioned
MRO - Not Mentioned
Specimen Specified - "Sample means a sufficient amount of urine or any other bodily fluid or tissue..."
Confirmation - Required
MRO - Required
* = Alternative specimens permitted under SAMHSA guidelines if a urine sample is not possible.
Specimen Specified - Urine, blood, or other bodily fluid or tissue
Confirmation - Required
MRO - Not Mentioned
Specimen Specified - No
Confirmation - Not Mentioned (highly recommended)
MRO - Not Mentioned (highly recommended)
Specimen Specified - N/A.
Confirmation - Not Mentioned (highly recommended)
MRO - Not Mentioned (highly recommended)
Specimen Specified - Tissue, fluid or a product of the human body capable of revealing the presence of alcohol or drugs or their metabolites.
Confirmation - Required
MRO - Required
* = Oral fluid may be collected per SAMHSA guidelines if donor is unable to provide a urine specimen. Must comply with DOT guidelines
Specimen Specified - N/A.
Confirmation - Not Mentioned
MRO - Not Mentioned
Specimen Specified - Urine, blood, breath, saliva, or hair
Confirmation - Required
MRO - Not Mentioned (law mentions need to verify results, but does not mention how).
Specimen Specified - Bodily fluids or materials taken from the body. Urine is required for drugs, donor may request blood for drugs
Confirmation - Required
MRO - Required
Specimen Specified - No
Confirmation - Not Mentioned
MRO - Not Mentioned
Specimen Specified - N/A.
Confirmation - Required
MRO - Not Mentioned
Specimen Specified - Sample of the human body capable of revealing the presence of alcohol or other drugs, or other metabolites.
Confirmation - Required
MRO - Not Mentioned (highly recommended)
Specimen Specified - N/A.
Confirmation - Not Mentioned (highly recommended)
MRO - Not Mentioned (highly recommended)
Specimen Specified - Tissue, fluid, or a product of the human body capable of revealing the presence of alcohol, drugs, or their metabolites. Specifically mentions breath and saliva for alcohol testing, blood, and urine for drug testing
Confirmation - Required (Must use DOT guidelines and method for confirmation must be different in scientific principle from that of the initial test procedure).
OutsideMRO - Required
* = Onsite testing is permitted for pre-employment, random, and reasonable suspicion testing. Collections must be done per DOT guidelines.