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: September 2022

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

State
Statue
Oral Fluid
Lab-Based OF
Rapid Result OF
Alabama
Statue = Voluntary
Oral Fluid =
Lab-Based Oral Fluid =
Rapid Result Oral Fluid =
Statue = Outside Voluntary
Oral Fluid =
Lab-Based Oral Fluid =
Rapid Result Oral Fluid =

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

Alaska
Statue = Voluntary
Oral Fluid =
Lab-Based Oral Fluid =
Rapid Result Oral Fluid =
Statue = Outside Voluntary
Oral Fluid =
Lab-Based Oral Fluid =
Rapid Result Oral Fluid =

Specimen Specified - Urine or Breath.

Confirmation - Required
MRO - Required

Arizona
Statue = Voluntary
Oral Fluid =
Lab-Based Oral Fluid =
Rapid Result Oral Fluid = R *
Statue = Outside Voluntary
Oral Fluid =
Lab-Based Oral Fluid =
Rapid Result Oral Fluid =

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.

Arkansas
Statue = Voluntary
Oral Fluid =
Lab-Based Oral Fluid =
Rapid Result Oral Fluid =
Statue = Outside Voluntary
Oral Fluid =
Lab-Based Oral Fluid =
Rapid Result Oral Fluid =

Specimen Specified - N/A.

Confirmation - Not Mentioned (highly recommended)
MRO - Not Mentioned (highly recommended)

California
Statue = None
Oral Fluid =
Lab-Based Oral Fluid =
Rapid Result Oral Fluid = R *

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.

Note: See San Francisco specific requirements below

California - San Francisco
Statue = Mandatory
Oral Fluid = R *
Lab-Based Oral Fluid = R *
Rapid Result Oral Fluid = R *

Specimen Specified - No

Confirmation - Not Mentioned (highly recommended)
MRO - Not Mentioned (highly recommended)

* = Job dependent; contact Department of Labor

Colorado
Statue = None
Oral Fluid =
Lab-Based Oral Fluid =
Rapid Result Oral Fluid = *

Specimen Specified - N/A

Confirmation - Not Mentioned (highly recommended)
MRO - Not Mentioned (highly recommended)

* = Except in WC presumption of impairment cases.

Colorado - Boulder
Statue = Mandatory
Oral Fluid =
Lab-Based Oral Fluid =
Rapid Result Oral Fluid =

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

Connecticut
Statue = Mandatory
Oral Fluid =
Lab-Based Oral Fluid =
Rapid Result Oral Fluid =

Specimen Specified - No

Confirmation - Required
MRO - Not Mentioned

Delaware
Statue = None
Oral Fluid =
Lab-Based Oral Fluid =
Rapid Result Oral Fluid =

Specimen Specified - N/A

Confirmation - Not Mentioned (highly recommended)

MRO - Not Mentioned (highly recommended)

District of Columbia
Statue = None
Oral Fluid =
Lab-Based Oral Fluid =
Rapid Result Oral Fluid =

Specimen Specified - N/A

Confirmation - Not Mentioned (highly recommended)

MRO - Not Mentioned (highly recommended)

Florida
Statue = Voluntary
Oral Fluid = R *
Lab-Based Oral Fluid = R *
Rapid Result Oral Fluid = R *
Statue = Outside Voluntary
Oral Fluid =
Lab-Based Oral Fluid =
Rapid Result Oral Fluid =

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.

Georgia
Statue = Voluntary
Oral Fluid =
Lab-Based Oral Fluid =
Rapid Result Oral Fluid = *
Statue = Outside Voluntary
Oral Fluid =
Lab-Based Oral Fluid =
Rapid Result Oral Fluid =

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.

Hawaii
Statue = Mandatory
Oral Fluid =
Lab-Based Oral Fluid =
Rapid Result Oral Fluid = *

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.

Idaho
Statue = Voluntary
Oral Fluid =
Lab-Based Oral Fluid =
Rapid Result Oral Fluid =
Statue = Outside Voluntary
Oral Fluid =
Lab-Based Oral Fluid =
Rapid Result Oral Fluid =

Specimen Specified - No.

Confirmation - Required

MRO - Mentioned (employer must offer employee chance to discuss results with an MRO or other qualified person).


Illinois
Statue = None
Oral Fluid =
Lab-Based Oral Fluid =
Rapid Result Oral Fluid =

Specimen Specified - N/A

Confirmation - Not mentioned (highly recommended)

MRO - Not mentioned (highly recommended)

Note:  See Illinois Public Works specific requirements below

Illinois Public Works
Statue = Mandatory
Oral Fluid =
Lab-Based Oral Fluid =
Rapid Result Oral Fluid =

Specimen Specified - Blood and urine

Confirmation - Not Mentioned (implied)

MRO - Not Mentioned (implied)

Indiana
Statue = None
Oral Fluid =
Lab-Based Oral Fluid =
Rapid Result Oral Fluid =

Specimen Specified - N/A.

Confirmation - Not Mentioned (highly recommended)
MRO - Not Mentioned (highly recommended)

Iowa
Statue = Mandatory
Oral Fluid =
Lab-Based Oral Fluid =
Rapid Result Oral Fluid =

Specimen Specified - Urine, saliva, and breath are permitted. Blood and hair (limited circumstances).

Confirmation - Required
MRO - Not Mentioned

Kansas
Statue = Mandatory
Oral Fluid =
Lab-Based Oral Fluid =
Rapid Result Oral Fluid = *

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.

Kentucky
Statue = Voluntary
Oral Fluid = R *
Lab-Based Oral Fluid = R *
Rapid Result Oral Fluid =
Statue = Outside Voluntary
Oral Fluid =
Lab-Based Oral Fluid =
Rapid Result Oral Fluid =

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.

Louisiana
Statue = Mandatory
Oral Fluid =
Lab-Based Oral Fluid =
Rapid Result Oral Fluid = *

Specimen Specified - Urine, blood, saliva, or hair

Confirmation - Required

MRO - Required

* = FDA- cleared devices only.

Maine
Statue = Mandatory
Oral Fluid = *
Lab-Based Oral Fluid = *
Rapid Result Oral Fluid = R **

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.

Maryland
Statue = Mandatory
Oral Fluid =
Lab-Based Oral Fluid =
Rapid Result Oral Fluid = *

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.

Massachusetts
Statue = None
Oral Fluid =
Lab-Based Oral Fluid =
Rapid Result Oral Fluid =

Specimen Specified - N/A.

Confirmation - Not Mentioned

MRO - Not Mentioned

Michigan
Statue = None
Oral Fluid =
Lab-Based Oral Fluid =
Rapid Result Oral Fluid =

Specimen Specified - N/A.

Confirmation - Not Mentioned 
MRO - Not Mentioned

Minnesota
Statue = Mandatory
Oral Fluid =
Lab-Based Oral Fluid =
Rapid Result Oral Fluid =

Specimen Specified - Body component sample

Confirmation - Required
MRO - Not Mentioned (highly recommended)

Mississippi
Statue = Voluntary
Oral Fluid = *
Lab-Based Oral Fluid = *
Rapid Result Oral Fluid = **
Statue = Outside Voluntary
Oral Fluid =
Lab-Based Oral Fluid =
Rapid Result Oral Fluid =

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.

Missouri
Statue = None
Oral Fluid =
Lab-Based Oral Fluid =
Rapid Result Oral Fluid =

Specimen Specified - N/A.

Confirmation - Not Mentioned 
MRO - Not Mentioned

Montana
Statue = Mandatory
Oral Fluid =
Lab-Based Oral Fluid =
Rapid Result Oral Fluid = R *

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.

Nebraska
Statue = Mandatory
Oral Fluid =
Lab-Based Oral Fluid =
Rapid Result Oral Fluid =

Specimen Specified - Bodily fluid or breath

Confirmation - Required
MRO - Not Mentioned

Nevada
Statue = None
Oral Fluid =
Lab-Based Oral Fluid =
Rapid Result Oral Fluid = R *

Specimen Specified - N/A.

Confirmation - Not Mentioned

 MRO - Not Mentioned

* = Restricted personnel use; only licensed medical facilities with a lab and laboratories may perform.

New Hampshire
Statue = None
Oral Fluid =
Lab-Based Oral Fluid =
Rapid Result Oral Fluid =

Specimen Specified - N/A.

Confirmation - Not Mentioned 
MRO - Not Mentioned

New Jersey
Statue = None
Oral Fluid =
Lab-Based Oral Fluid =
Rapid Result Oral Fluid = R *

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.

New Mexico
Statue = None
Oral Fluid =
Lab-Based Oral Fluid =
Rapid Result Oral Fluid =

Specimen Specified - N/A.

Confirmation - Not Mentioned 
MRO - Not Mentioned

New York
Statue = None
Oral Fluid =
Lab-Based Oral Fluid =
Rapid Result Oral Fluid = R *

Specimen Specified - N/A.

Confirmation - Required
MRO - Required

* = Facilities that perform POCT are subject to the same standards as laboratories. This may limit POCT.

North Carolina
Statue = Mandatory
Oral Fluid =
Lab-Based Oral Fluid =
Rapid Result Oral Fluid = R *

Specimen Specified - Urine, blood, hair or oral fluid

Confirmation - Required 
MRO - Not Mentioned

* = Pre-employment only. Must take place in a laboratory limiting POCT.

North Dakota
Statue = Mandatory
Oral Fluid =
Lab-Based Oral Fluid =
Rapid Result Oral Fluid =

Specimen Specified - No

Confirmation - Not Mentioned

MRO - Not Mentioned

Ohio
Statue = Voluntary
Oral Fluid =
Lab-Based Oral Fluid =
Rapid Result Oral Fluid =
Statue = Outside Voluntary
Oral Fluid =
Lab-Based Oral Fluid =
Rapid Result Oral Fluid =

Specimen Specified - Urine (for drugs) and breath or blood (for alcohol).

Confirmation - Required
MRO - Required

Oklahoma
Statue = Mandatory
Oral Fluid =
Lab-Based Oral Fluid =
Rapid Result Oral Fluid =

Specimen Specified - Tissue, fluid or product of the human body chemically capable of revealing the presence of drugs or alcohol.

Confirmation - Mentioned
MRO - Mentioned

Oregon
Statue = Mandatory
Oral Fluid =
Lab-Based Oral Fluid =
Rapid Result Oral Fluid = R *

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.

Pennsylvania
Statue = None
Oral Fluid =
Lab-Based Oral Fluid =
Rapid Result Oral Fluid =

Specimen Specified - N/A.

Confirmation - Not Mentioned 
MRO - Not Mentioned

Puerto Rico
Statue = Mandatory
Oral Fluid = R *
Lab-Based Oral Fluid = R *
Rapid Result Oral Fluid =

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.

Rhode Island
Statue = Mandatory
Oral Fluid =
Lab-Based Oral Fluid =
Rapid Result Oral Fluid =

Specimen Specified - Urine, blood, or other bodily fluid or tissue

Confirmation - Required
MRO - Not Mentioned

South Carolina
Statue = Voluntary
Oral Fluid =
Lab-Based Oral Fluid =
Rapid Result Oral Fluid =
Statue = Outside Voluntary
Oral Fluid =
Lab-Based Oral Fluid =
Rapid Result Oral Fluid =

Specimen Specified - No

Confirmation - Not Mentioned (highly recommended)
MRO - Not Mentioned (highly recommended)

South Dakota
Statue = None
Oral Fluid =
Lab-Based Oral Fluid =
Rapid Result Oral Fluid =

Specimen Specified - N/A.

Confirmation - Not Mentioned (highly recommended)
MRO - Not Mentioned (highly recommended)

Tennessee
Statue = Voluntary
Oral Fluid = R *
Lab-Based Oral Fluid = R *
Rapid Result Oral Fluid =
Statue = Outside Voluntary
Oral Fluid =
Lab-Based Oral Fluid =
Rapid Result Oral Fluid =

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.

Texas
Statue = None
Oral Fluid =
Lab-Based Oral Fluid =
Rapid Result Oral Fluid =

Specimen Specified - N/A.

Confirmation - Not Mentioned 
MRO - Not Mentioned

Utah
Statue = Voluntary
Oral Fluid =
Lab-Based Oral Fluid =
Rapid Result Oral Fluid =
Statue = Outside Voluntary
Oral Fluid =
Lab-Based Oral Fluid =
Rapid Result Oral Fluid =

Specimen Specified - Urine, blood, breath, saliva, or hair

Confirmation - Required

MRO - Not Mentioned (law mentions need to verify results, but does not mention how).

Vermont
Statue = Mandatory
Oral Fluid =
Lab-Based Oral Fluid =
Rapid Result Oral Fluid =

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

Virginia
Statue = Voluntary
Oral Fluid =
Lab-Based Oral Fluid =
Rapid Result Oral Fluid =
Statue = Outside Voluntary
Oral Fluid =
Lab-Based Oral Fluid =
Rapid Result Oral Fluid =

Specimen Specified - No

Confirmation - Not Mentioned 
MRO - Not Mentioned

Washington
Statue = None
Oral Fluid =
Lab-Based Oral Fluid =
Rapid Result Oral Fluid =

Specimen Specified - N/A.

Confirmation - Required
MRO - Not Mentioned

West Virginia
Statue = Mandatory
Oral Fluid =
Lab-Based Oral Fluid =
Rapid Result Oral Fluid =

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)

Wisconsin
Statue = None
Oral Fluid =
Lab-Based Oral Fluid =
Rapid Result Oral Fluid =

Specimen Specified - N/A.

Confirmation - Not Mentioned (highly recommended)
MRO - Not Mentioned (highly recommended)

Wyoming
Statue = Voluntary
Oral Fluid =
Lab-Based Oral Fluid =
Rapid Result Oral Fluid = R *
Statue = Outside Voluntary
Oral Fluid =
Lab-Based Oral Fluid =
Rapid Result Oral Fluid =

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.