State vs. Federal SAP Requirements: What Employers Need to Know

Are State and Federal SAP Requirements the Same?

If you’re an employer hiring CDL drivers, you might wonder:
Do I follow federal SAP rules or state-specific requirements?
The answer matters — especially if you’re trying to stay compliant with DOT regulations and avoid costly violations.

In this blog, we break down the difference between state vs. federal SAP requirements, explain which rules apply to DOT-regulated employers, and help you stay on the right side of compliance.

Understanding the SAP Program: A Federal Mandate

The Substance Abuse Professional (SAP) program is governed by federal regulations under 49 CFR Part 40, which is enforced by the U.S. Department of Transportation (DOT) and the Federal Motor Carrier Safety Administration (FMCSA).

Here’s what’s federally required after a DOT violation:

• A SAP evaluation by a qualified professional

• Completion of treatment or education (as recommended)

• A follow-up SAP evaluation

• A negative return-to-duty test

• Follow-up testing plan post-return to duty

If your business falls under DOT safety-sensitive regulations, these steps are non-negotiable, regardless of what your state laws say.

Federal DOT SAP Rules Apply to:

• Interstate commercial motor carriers

• Employers of CDL drivers under DOT regulation

• Airline, railroad, transit, and pipeline industries

• All entities governed by the FMCSA Clearinghouse

State SAP Requirements: When They Come Into Play

Some states may require similar evaluations for:

• Non-DOT employees

• Court-ordered treatment after DUI or possession charges

• State licensing boards or rehabilitation mandates

For example:

• A state might require a SAP-like evaluation for a school bus driver who doesn’t fall under DOT.

• A DUI conviction might require a clinical substance use assessment by a state-licensed counselor—not necessarily DOT-approved.

These are state-level legal or administrative requirements, and they do not override federal DOT obligations.

The Key Difference: DOT vs. Non-DOT

• Always follow federal SAP rules, even if the driver completed a similar program for a state or court.

• Verify SAP credentials — they must be listed in the DOT-qualified directory.

• Check the FMCSA Clearinghouse to confirm whether a driver is listed as “Prohibited” or “Cleared.”

• Maintain documentation of completion before reinstating drivers to safety-sensitive duties.

Can a State SAP Program Replace Federal Requirements?

No. Completing a state-level SAP program (even if court-ordered) does not count toward DOT requirements unless the professional is DOT-qualified and the process follows Part 40 regulations.

Hiring a driver based on state compliance alone may result in:

• DOT violations
• Fines
• Insurance issues
• Negligent hiring claims

Best Practices for Employers

1. Use DOT-Certified SAPs Only
   Always verify the SAP is listed in the DOT SAP database and meets all federal requirements.

2. Educate Your HR & Compliance Teams
   Ensure hiring managers and fleet operators know the difference between federal and state requirements.

3. Maintain a Strict Compliance Checklist
   Include Clearinghouse checks, SAP documentation, and return-to-duty test results in every driver’s file.

4. Partner with a Trusted SAP Provider
   Work with agencies like AACS Counseling who are DOT-qualified and experienced in both federal and state evaluations.

Quick Recap: What to Remember

• Federal SAP rules override state-level requirements for all DOT-regulated drivers.

• State programs may help fulfill court requirements but cannot replace DOT processes.

• Employers must follow FMCSA Clearinghouse procedures before reinstating drivers to duty.