HHS Proposes Changes to Oral-Fluid Drug Test Rules
The Substance Abuse and Mental Health Services Administration, part of HHS, proposed revisions on October 29 to the Mandatory Guidelines for Federal Workplace Drug Testing Programs Using Oral Fluid. The guidelines set the scientific standards labs must meet before HHS will certify them to run oral-fluid drug tests for federal agencies. HHS said in the notice that no laboratory has yet been certified to test oral fluid, even though the current oral-fluid guidelines date to 2019 and were last updated in 2023.
The proposal clarifies which types of labs can be certified, including facilities that test only split specimens. It also lowers quality-control sample requirements for initial drug-test batches from 10 percent to 4 percent of each batch, and gives split-testing labs more flexibility to confirm substituted results using any HHS-authorized biomarker rather than the same one used on the primary sample. HHS said these changes should reduce laboratory costs without weakening detection.
HHS noted the guidelines could affect DOT and Nuclear Regulatory Commission testing programs, but only if those agencies choose to adopt the revised standards on their own authority. The document does not address marijuana rescheduling.
What's next
- 2026-12-28: Public comment period closes.
- Watch for whether any laboratory applies for and receives HHS oral-fluid certification.
- Watch separately for any FMCSA action to incorporate oral-fluid testing into CDL drug-testing rules.
All sources
- Proposed Rule: Mandatory Guidelines for Federal Workplace Drug Testing Programs Using Oral Fluid (OFMG) — Federal Register (Health and Human Services Department), 2026-10-29
Related coverage
- FDA Eases Path for Oral-Fluid Testing — Heavy Duty Trucking, 2026-11-02
