Utah HB 246 Updates Local Government Drug Testing Samples and Collection

Utah House Bill (HB) 246, "Local Government Drug Testing Amendments," was signed by the Governor on March 17, 2026, according to the Utah Legislature's bill record. The law amended Utah Code §§ 34-41-101, 34-41-103 and 34-41-104, which govern drug testing by local governmental entities and state institutions of higher education. Section 4 of the enrolled bill states, "This bill takes effect on May 6, 2026."

HB 246 took effect May 6, 2026.

Legislative History

Representative A. Cory Maloy was the chief sponsor, and Senator Heidi Balderree was the Senate sponsor. The House passed the bill 69-0, with 6 absent or not voting, on February 6, 2026, and the Senate passed it 27-0, with 2 absent or not voting, on February 25, 2026. Both chambers considered the bill on their consent calendars.

Sample Types

The law changed the definition of "sample" in § 34-41-101(13) to "urine, blood, breath, oral fluid, or hair," replacing the word "saliva" with "oral fluid." Under amended § 34-41-103(4), a donor subject to a local government or institution of higher education testing policy or ordinance "shall" either "submit a blood, breath, oral fluid, or hair sample for testing" or "submit a split urine sample for testing or retesting." The prior text referred only to "an oral" sample in the first option.

Section 34-41-103(5) provides that, unless the policy or ordinance provides otherwise, the local governmental entity or institution of higher education "may specify the type of sample" the donor is required to submit. The notice requirement in § 34-41-103(7) now applies when a "sample test" indicates the presence of drugs, replacing the former reference to a "urine or oral" sample test. The 72-hour window to request testing of the second sample continues to apply to urine tests.

Collection and Laboratory Requirements

Amended § 34-41-104(1)(a) requires the entity to ensure that "all sample collection under this chapter is performed in accordance with instructions prepared by an entity independent of the local government or institution of higher education." The former text required that collection be performed by an entity independent of the local government or institution.

Testing continues to be performed by an independent laboratory certified for employment drug testing by either the Substance Abuse and Mental Health Services Administration (SAMHSA) or the College of American Pathologists. The law corrected the name of the College of American Pathologists, which previously appeared as "College of American Pathology."

The law also changed two other provisions of § 34-41-104. Under amended § 34-41-104(5), the requirement that drug testing occur "during or immediately after the regular work period" and be considered work time now applies "Except for drug testing of a prospective employee or a prospective volunteer." Under amended § 34-41-104(6), the entity pays "all costs of sample collection and initial testing" and, "if the donor is a current employee or current volunteer and testing is conducted at a place other than the workplace, the cost of transportation to the testing location."