SAPs, Stay in Your Lane: Why Crossing State Lines Could Cost You Your Career
- willrothconsulting
- May 4
- 3 min read
My Fellow SAPs Are Gonna Be Mad at Me for This One... But Somebody Has to Say It,"-Abby Willroth
As a qualified Substance Abuse Professional (SAP), I've always believed in doing things by the book. But let's be honest: many of us have operated under the assumption that our credentials travel with us across state lines. I used to believe the same thing — until I looked deeper.
Since the post-COVID regulatory updates in 2023, the Department of Transportation (DOT) has made it clear: conducting SAP evaluations outside your credentialed jurisdiction is not only risky—it's a violation.
New DOT Regulations You Can't Ignore Recent updates to 49 CFR Part 40 have explicitly addressed SAP jurisdiction:
40.281(f) introduces clear limitations on a qualified SAP from conducting evaluations outside of the geographic area permitted by their certification or license.
40.297(c) goes further, outright prohibiting SAPs from providing evaluations beyond their legal jurisdiction.
What does this mean in practice? If you're certified in one State, you can't simply hop over to another State and conduct SAP evaluations unless you're also licenses and/or credentialed to practice there. Period.
The Misconception of Nationwide Credentials Many SAPs believe that their national certification automatically qualifies them to practice across state lines. This is not true for every organization. For example, NAADAC’s MAC credential is not accepted in all states. Some certification bodies have made it explicitly clear that their credentials are only valid within certain jurisdictions.
To stay compliant:
Check with your certification organization to confirm where your credentials apply.
Contact state licensing boards in neighboring states to determine whether you need additional licensing or documentation.
Your Office Address Matters Too Another change worth noting: SAPs who operate out of a home office are now required to list that home address on all official SAP documents, including letterhead. A P.O. Box is not acceptable. If using your home address is a security issue, the only alternative is to lease a commercial space. There are no exceptions.
DOT vs HIPAA Here’s another curveball: while the DOT drug and alcohol testing program is not subject to HIPAA, your state license or certification is. DOT regulations emphasize that testing for public safety isn't considered a "search and seizure" under HIPAA. However, your state might still require HIPAA compliance for SAP services. Know the difference between the DOT HIPAA Statement and the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and act accordingly.
What If a SAP Breaks the Rules? If a SAP violates these jurisdictional boundaries, the Return-To-Duty (RTD) process may still proceed for the employee. But the SAP risks serious consequences:
The Office of Drug and Alcohol Policy and Compliance (ODAPC) may sanction the SAP.
Sanctions can include placement on the Public Interest Exclusion (PIE) list, effectively ending your career.
The Bottom Line As SAPs, we are trusted with one of the most sensitive aspects of DOT compliance. With that responsibility comes the obligation to know and respect the limits of our credentials. If you’re unsure whether you're allowed to conduct SAP services in another state, stop and verify. Because ignorance of the law is not a defense — and it could cost you your reputation, your credential, and your livelihood.
Simply put, never assume your license or certification is automatically valid nationwide—or internationally—just because of your certifying organization. It’s critical that all SAPs confirm the jurisdictional scope of their credentials with the issuing body before providing services in another state.
Further Reading
DOT HIPAA Statement: HIPAA Statement | US Department of Transportation
Health Insurance Portability and Accountability Act of 1996 (HIPAA): PLAW-104publ191.pdf
DOT Rule 49 CFR Part 40 Section 40.281(f): DOT Rule 49 CFR Part 40 Section 40.281 | US Department of Transportation
DOT Rule 49 CFR Part 40 Section 40.297(c): DOT Rule 49 CFR Part 40 Section 40.297 | US Department of Transportation
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