HHS proposes revised federal workplace drug-testing guidelines that delete "gender identity" and key observed collection to the donor's sex

RulemakingSAMHSA

Date
Actor
Department of Health and Human Services (SAMHSA)
Agency
Substance Abuse and Mental Health Services Administration (SAMHSA)
Type
Rulemaking (proposed)
Section
SUPPLEMENT: NEW ACTIONS, SEPTEMBER 22 TO NOVEMBER 3, 2026

Summary

Two proposed rules revising the Mandatory Guidelines for urine and oral-fluid testing delete the defined term "Gender Identity" from section 1.5 and revise the direct-observation and monitored-collection provisions to refer to the "sex of the observer and donor." The proposed text requires the observer's sex to match the donor's sex and has the collector ask the donor to identify the donor's sex on the federal custody and control form; the passages reviewed do not define sex.

Status

Proposed; comments due Dec. 28, 2026 (docket SAMHSA-2026-0002)

As recorded in the data of . Check the sources for anything newer.

Sources