How Can the Public Comment on the Proposed 2026 HHS Drug Testing Guidelines?

HHS is accepting comments on its proposed revisions to the federal urine and oral fluid drug testing guidelines through December 28, 2026. Comments can be submitted electronically at regulations.gov, using docket number SAMHSA-2026-0002 for the urine proposal (FR 2026-22122) and SAMHSA-2026-0001 for the oral fluid proposal (FR 2026-22121), or sent by mail, express or overnight mail, or hand or courier delivery.

The two proposals. On October 29, 2026, the U.S. Department of Health and Human Services (HHS), through the Substance Abuse and Mental Health Services Administration (SAMHSA), published proposed revisions to the Mandatory Guidelines for Federal Workplace Drug Testing Programs using urine and using oral fluid. Among other changes, the urine proposal would raise the lower bound of the invalid pH range from 9.0 to 9.5 and revise biomarker testing provisions, and both proposals would publish the drug and biomarker testing panels only when they change. The urine proposal would revise direct observed collection wording to refer to the sex of the observer and donor, and the oral fluid proposal would make a similar change for the collector and donor. The proposals are not final, and the current guidelines remain in effect.

How to submit. The proposals list these methods:

• Electronically: at regulations.gov, following the "Submit a comment" instructions
• Regular mail: SAMHSA, Center for Substance Abuse Prevention (CSAP), Division of Workplace Programs (DWP), 5600 Fishers Lane, Room 16N02, Rockville, MD 20857, allowing time for receipt before the deadline
• Express or overnight mail: SAMHSA, CSAP, DWP, at the same address
• Hand or courier: to the same Rockville address before the comment period closes, calling (240) 276-2600 in advance to schedule arrival

SAMHSA states that it cannot accept comments by fax. SAMHSA also states that all comments are posted in their entirety, including personal or confidential business information included in a comment.

What happens next. After the comment period, HHS reviews the comments and decides whether and how to finalize the revisions. Any final guidelines would be published in the Federal Register with an effective date. The FAQ on the HHS Mandatory Guidelines explains the current standards.