Oral Fluid Swab 1200

Oral Fluid Drug Testing Laws by State

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: August 2024

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. Urine is the preferred specimen for drugs and breath is the preferred specimen for 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 - Tissue, fluid, or product of the human body capable of revealing the presence of alcohol or drugs or their metabolites.

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 - State recreational cannabis law requires the use of a methodology that screens for non-psychoactive cannabis metabolites. The law does not specifically permit or prohibit any specimens, as long as they test for only non-psychoactive cannabis metabolites.

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

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

Specimen Specified - No

*NOTE: San Francisco employers must also comply with California state law(s).

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. 
Note: See Boulder specific requirements below

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.

*Note: Boulder employers must also comply with Colorado state law(s).

Confirmation - Required
MRO - Not Mentioned

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

Specimen Specified - Statute does not provide a strict definition of a specimen, but urine is specifically mentioned. Nothing in the law prohibits the use of other specimens.

Confirmation - Required
MRO - Not Mentioned

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

Specimen Specified - Can include or may be limited to urine testing.

*Note: Delaware’s voluntary law includes extensive requirements outside of workplace drug and alcohol testing that employers are required to comply with.

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 - Tissue, hair, or product of the human body capable of revealing the presence of drugs or their metabolites. The law permits urine for drugs and blood for alcohol.

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, blood, and hair.

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 - Body fluids or materials from the body. Urine and blood (under limited circumstances) are permitted. Other specimens may be permitted if approved by the State Director of Health.

Confirmation - Required
MRO - Required

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. Blood is permitted only for post-accident purposes and is not required when urine is available.

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).

*NOTE: Most samples must meet split specimen requirements.

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. Employers wanting to use oral fluid should go to the Office of Workers' Claim for approval.

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 for pre-employment testing only, but highly recommended*

* = 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 (highly recommended)

MRO -  Not Mentioned (highly recommended)

Michigan
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)

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

Specimen Specified - Body component sample
*= POCT oral fluid is permitted. Strict requirements are outlined in the law, review carefully to ensure compliance.

Confirmation - Required
MRO - Not Mentioned (highly recommended)

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

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

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 (highly recommended)

Nevada
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)

* = 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 (highly recommended)
MRO -  Not Mentioned (highly recommended)

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

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

Specimen Specified - Urine is specifically mentioned, but nothing limits the use of other specimens.

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 (highly recommended)

* = Pre-employment only. Current employee testing must take place in a lab.

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

Specimen Specified - No

Confirmation -  Not Mentioned (highly recommended)

MRO -  Not Mentioned (highly recommended)

Ohio
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 (for drugs), breath or saliva with a confirmatory EBT (for alcohol)

Confirmation - Required
MRO - Required

*= indicates for alcohol testing only.

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 - Required
MRO - Required

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

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 (highly recommended)

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 = 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 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

Texas
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)

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 (highly recommended) (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 in addition to the urine sample.

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

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

Specimen Specified - N/A.

Confirmation - Required
MRO -  Not Mentioned (highly recommended)

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).
MRO - Required

* = Onsite testing is permitted for pre-employment, random, and reasonable suspicion testing. Collections must be done per DOT guidelines.