Maryland Labor Code §3-702: Employer Polygraph Rules

Overview of the Statute

Maryland Labor and Employment Code §3-702, titled "Lie Detector Tests," is the state's primary statute governing employer use of polygraph examinations. Under this law, an employer may not require or demand, as a condition of employment, prospective employment, or continued employment, that an individual submit to or take a polygraph examination or similar test [1]Verified Maryland Labor and Employment Code §3-702 (2024) — Justia
Confirms full statutory text of §3-702 including prohibitions, notice requirements, penalties, and enforcement mechanisms. The statute defines "employer" broadly to include any person engaged in a business, industry, profession, trade, or other enterprise in the State, as well as the State itself, any county, and any municipal corporation in the State [2]Verified Maryland Labor and Employment Code §3-702 — Official Statute Text (MGA)
Confirms current text of §3-702 including all exemptions for law enforcement, corrections, and county-specific emergency services.

The law applies to both private-sector and government employers at the state and local level, making Maryland's protections broader in scope than the federal Employee Polygraph Protection Act, which exempts government employers entirely [3]Verified Federal & State Regulations: EPPA — Maryland (J.J. Keller)
Confirms Maryland polygraph protections apply to private and government employers, and that Maryland has no state-level polygraph examiner licensing requirements. However, the federal government and its units are expressly excluded from §3-702's reach [2]Verified Maryland Labor and Employment Code §3-702 — Official Statute Text (MGA)
Confirms current text of §3-702 including all exemptions for law enforcement, corrections, and county-specific emergency services. Similar employer polygraph restrictions exist in other states — for example, California EPPA compliance rules and New York workplace polygraph rights offer their own frameworks for balancing employee rights with legitimate testing needs.

Required Employer Notice on Applications

One of the most distinctive features of §3-702 is its mandatory notice requirement. Each employment application in Maryland must set out, in bold-faced upper case type, the following notice: "Under Maryland law, an employer may not require or demand, as a condition of employment, prospective employment, or continued employment, that an individual submit to or take a polygraph examination or similar test. An employer who violates this law is guilty of a misdemeanor and subject to a fine not exceeding $100" [1]Verified Maryland Labor and Employment Code §3-702 (2024) — Justia
Confirms full statutory text of §3-702 including prohibitions, notice requirements, penalties, and enforcement mechanisms. Every application must also provide a space for the applicant to sign an acknowledgment of this notice, and applicants are required to sign that acknowledgment [1]Verified Maryland Labor and Employment Code §3-702 (2024) — Justia
Confirms full statutory text of §3-702 including prohibitions, notice requirements, penalties, and enforcement mechanisms.

This notice requirement is unique among state polygraph laws and serves an important transparency function. Employers who fail to include the notice on their employment applications are themselves in violation of §3-702, even if they never actually require a polygraph test. Compare this approach with states like New Jersey and Georgia, which take different approaches to employer notification.

Best Practices for Maryland Employers

Maryland employers should audit all employment applications to verify they include the required §3-702 notice in the correct format. Human resources personnel should be trained to understand that requesting, suggesting, or requiring a polygraph examination as a condition of employment violates both state and federal law unless a specific exemption applies [3]Verified Federal & State Regulations: EPPA — Maryland (J.J. Keller)
Confirms Maryland polygraph protections apply to private and government employers, and that Maryland has no state-level polygraph examiner licensing requirements. The Commissioner of Labor may attempt to resolve violations informally through mediation, or may request that the Attorney General bring an action on behalf of the complainant in the county where the violation occurred, seeking injunctive relief, damages, or other appropriate relief [1]Verified Maryland Labor and Employment Code §3-702 (2024) — Justia
Confirms full statutory text of §3-702 including prohibitions, notice requirements, penalties, and enforcement mechanisms.

Employers should also be aware that Maryland's law works in tandem with the federal EPPA. Because the EPPA does not preempt state laws that are more restrictive with respect to lie detector tests [5]Verified 29 CFR Part 801 — Application of the Employee Polygraph Protection Act of 1988
Confirms EPPA regulations, federal preemption rules, and that EPPA does not preempt more restrictive state laws, Maryland employers must comply with whichever law provides greater protection to employees in any given situation. For guidance on compliance with employer polygraph requirements in other jurisdictions, see our guides on Colorado private polygraph rights and Minnesota Statute 181.75.

Law Enforcement Exemptions

The most significant category of exemptions under §3-702 covers law enforcement and public safety personnel. The statute does not apply to individuals who apply for employment or are employed as a law enforcement officer as defined in the Public Safety Article, or as an employee of a law enforcement agency of the State, a county, or a municipal corporation [2]Verified Maryland Labor and Employment Code §3-702 — Official Statute Text (MGA)
Confirms current text of §3-702 including all exemptions for law enforcement, corrections, and county-specific emergency services. This broad exemption ensures that Maryland law enforcement agencies — from the Maryland State Police to local police departments — can continue to use polygraph screening as part of their rigorous hiring processes.

The Maryland State Police (MSP) Polygraph Unit is one of the most active polygraph operations in the state. MSP polygraph examiners conduct pre-employment polygraph examinations for sworn and civilian applicants in accordance with the Maryland Police and Correctional Training Commission mandate requiring police applicants to undergo pre-employment truth verification testing [8]Verified Polygraph Examiner Job Announcement — Maryland State Police
Confirms MSP polygraph examiners conduct pre-employment, criminal investigation, internal investigation, and PCSOT examinations following APA and ASTM standards. The MSP Polygraph Unit also conducts examinations for criminal investigations, sensitive internal investigations, and post-conviction sex offender testing [8]Verified Polygraph Examiner Job Announcement — Maryland State Police
Confirms MSP polygraph examiners conduct pre-employment, criminal investigation, internal investigation, and PCSOT examinations following APA and ASTM standards. All tests administered by the Maryland State Police Polygraph Unit are "Quality Controlled," meaning each is scored independently by another MSP polygraph examiner and the Polygraph Unit Director [7]Verified Maryland State Police Polygraph Unit — Commonly Asked Questions
Confirms MSP Polygraph Unit quality control procedures, three-phase examination process, and voluntary nature of polygraph testing. To learn more about law enforcement polygraph programs, see our guide on FBI polygraph program history.

Correctional Facility Exemptions

Maryland §3-702 includes an extensive list of exemptions for correctional facilities and detention centers. The law does not apply to correctional officers of State correctional facilities, employees of State correctional facilities in any capacity involving direct contact with inmates, or applicants for employment as correctional officers of State or local correctional facilities [2]Verified Maryland Labor and Employment Code §3-702 — Official Statute Text (MGA)
Confirms current text of §3-702 including all exemptions for law enforcement, corrections, and county-specific emergency services. The Department of Public Safety and Correctional Services (DPSCS) requires polygraph examinations as part of the background process for correctional officer candidates [9]Verified DPSCS Correctional Officer I Job Announcement
Confirms DPSCS requires polygraph examination as part of correctional officer background requirements.

Specific county detention center exemptions include correctional officers and direct-contact employees at the Calvert County Detention Center, the Carroll County Detention Center, and the Washington County Detention Center [2]Verified Maryland Labor and Employment Code §3-702 — Official Statute Text (MGA)
Confirms current text of §3-702 including all exemptions for law enforcement, corrections, and county-specific emergency services. Additionally, applicants for employment with the Anne Arundel County Department of Detention Facilities or the Caroline County Department of Corrections in any capacity involving direct contact with inmates are exempt from the polygraph prohibition [2]Verified Maryland Labor and Employment Code §3-702 — Official Statute Text (MGA)
Confirms current text of §3-702 including all exemptions for law enforcement, corrections, and county-specific emergency services.

The Intelligence and Investigative Division of DPSCS is also fully exempt — the law does not apply to employees of or applicants for assignment to this division [2]Verified Maryland Labor and Employment Code §3-702 — Official Statute Text (MGA)
Confirms current text of §3-702 including all exemptions for law enforcement, corrections, and county-specific emergency services. The DPSCS maintains its own Polygraph Unit, which provides polygraph and related investigative services following national standards established by the American Polygraph Association (APA), American Society for Testing and Materials (ASTM), and the Maryland Polygraph Association (MPA) [10]Verified DPSCS Polygraph Unit Executive Directive
Confirms DPSCS Polygraph Unit provides services for pre-employment, criminal investigations, internal investigations, and PCSOT following APA, ASTM, and MPA standards.

Emergency Services Exemptions

The Maryland General Assembly has progressively expanded §3-702's exemptions to include emergency services personnel in several counties. Communications officers of the Calvert County Control Center have long been exempt from the polygraph prohibition [2]Verified Maryland Labor and Employment Code §3-702 — Official Statute Text (MGA)
Confirms current text of §3-702 including all exemptions for law enforcement, corrections, and county-specific emergency services. The Washington County Emergency Communications Center was also added to the exemption list [2]Verified Maryland Labor and Employment Code §3-702 — Official Statute Text (MGA)
Confirms current text of §3-702 including all exemptions for law enforcement, corrections, and county-specific emergency services.

In 2022, House Bill 527 added St. Mary's County emergency services applicants to the list of exemptions. This legislation exempted applicants for employment as paramedics or emergency medical technicians with St. Mary's County, as well as applicants for employment with the St. Mary's County Emergency Communications Center [11]Verified HB 527 (2022) — St. Mary's County Emergency Services Polygraph Exemption
Confirms 2022 legislation adding St. Mary's County paramedic, EMT, and emergency communications exemption to §3-702.

Most recently, in 2024, House Bill 589 (cross-filed as Senate Bill 809) added Dorchester County to the growing list of exemptions. This legislation exempts applicants for employment as paramedics or emergency medical technicians with the Emergency Medical Services Division within the Dorchester County Department of Emergency Services, as well as 9-1-1 Specialists at the Dorchester County 9-1-1 Center [12]Verified HB 589 (2024) — Dorchester County Polygraph Exemption
Confirms 2024 legislation adding Dorchester County EMS and 9-1-1 exemption to §3-702. This steady expansion of exemptions reflects the growing recognition that polygraph screening is a valuable tool for vetting candidates in critical public safety roles.

State Penalties Under §3-702

Violations of §3-702 are classified as a misdemeanor under Maryland law. An employer who violates any provision of the section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100 [1]Verified Maryland Labor and Employment Code §3-702 (2024) — Justia
Confirms full statutory text of §3-702 including prohibitions, notice requirements, penalties, and enforcement mechanisms. While this penalty may seem modest by modern standards, it is supplemented by the enforcement mechanism allowing employees and applicants to file written complaints with the Commissioner of Labor [1]Verified Maryland Labor and Employment Code §3-702 (2024) — Justia
Confirms full statutory text of §3-702 including prohibitions, notice requirements, penalties, and enforcement mechanisms.

When the Commissioner determines that a violation has occurred, there are two enforcement options: attempting to resolve the matter informally through mediation, or requesting that the Attorney General bring a civil action on behalf of the complainant [1]Verified Maryland Labor and Employment Code §3-702 (2024) — Justia
Confirms full statutory text of §3-702 including prohibitions, notice requirements, penalties, and enforcement mechanisms. This civil action can be brought in the county where the violation occurred and may seek injunctive relief, damages, or other appropriate relief — making the potential financial exposure for employers significantly greater than the $100 criminal fine alone.

Federal EPPA Penalties

In addition to state penalties, Maryland employers who violate polygraph testing restrictions may face substantially steeper federal penalties under the Employee Polygraph Protection Act. The EPPA originally established a civil penalty of up to $10,000 for each violation [4]Verified Employee Polygraph Protection Act (EPPA) — American Polygraph Association
Confirms EPPA became law December 27, 1988, government exemptions, and $10,000 statutory penalty per violation. However, under the Federal Civil Penalties Inflation Adjustment Act, this amount has been adjusted annually for inflation. As of 2025, the maximum EPPA penalty per violation was increased to $26,262 [6]Verified Federal Civil Penalties Inflation Adjustment Act Annual Adjustments for 2025
Confirms EPPA civil penalty at 29 CFR 801.42(a) increased from $25,597 to $26,262 for 2025.

The EPPA also provides employees with a private right of action. An employee or prospective employee may bring a civil action against any employer who violates the Act, seeking reinstatement, back pay, benefits, and reasonable attorney's fees [5]Verified 29 CFR Part 801 — Application of the Employee Polygraph Protection Act of 1988
Confirms EPPA regulations, federal preemption rules, and that EPPA does not preempt more restrictive state laws. This dual enforcement framework — combining individual lawsuits with Department of Labor enforcement — creates powerful incentives for employer compliance. For more on how the EPPA applies to specific industries, see our guide on theft polygraph testing for security and armored car companies.

No State Licensing Requirement

Maryland does not require state-level polygraph examiner licensing [3]Verified Federal & State Regulations: EPPA — Maryland (J.J. Keller)
Confirms Maryland polygraph protections apply to private and government employers, and that Maryland has no state-level polygraph examiner licensing requirements. According to the American Polygraph Association's directory of state licensing boards, Maryland is listed as "No License Required" [13]Verified State Licensing Boards & Associations — APA
Confirms Maryland has no polygraph license requirement. This means that polygraph examiners operating in Maryland must meet the federal requirements established under 29 CFR 801.26, which sets minimum qualifications for examiners conducting tests under EPPA exemptions [3]Verified Federal & State Regulations: EPPA — Maryland (J.J. Keller)
Confirms Maryland polygraph protections apply to private and government employers, and that Maryland has no state-level polygraph examiner licensing requirements.

While the absence of state licensing means there is no state board overseeing examiner credentials, this does not mean Maryland lacks professional standards. The Maryland Polygraph Association (MPA) serves as the state's professional organization for polygraph examiners, promoting high ethical standards, continuing education, and professional development [10]Verified DPSCS Polygraph Unit Executive Directive
Confirms DPSCS Polygraph Unit provides services for pre-employment, criminal investigations, internal investigations, and PCSOT following APA, ASTM, and MPA standards. The MPA holds annual two-day seminars providing training and networking opportunities for examiners throughout the state [14]Verified Maryland Polygraph Association
Confirms MPA hosts annual two-day seminars and serves as the professional organization for Maryland polygraph examiners. For those interested in examiner qualifications and how modern technology enhances polygraph testing, see our guide on how software changed the lie detector test.

Maryland State Police Examiner Qualifications

Maryland State Police polygraph examiners must meet rigorous qualification standards. MSP examiners administer computerized lifestyle pre-employment, criminal and internal investigation polygraph examinations in accordance with APA and ASTM standards [8]Verified Polygraph Examiner Job Announcement — Maryland State Police
Confirms MSP polygraph examiners conduct pre-employment, criminal investigation, internal investigation, and PCSOT examinations following APA and ASTM standards. Applicants for MSP polygraph examiner positions are subject to a complete criminal background investigation and polygraph examination before permanent appointment [8]Verified Polygraph Examiner Job Announcement — Maryland State Police
Confirms MSP polygraph examiners conduct pre-employment, criminal investigation, internal investigation, and PCSOT examinations following APA and ASTM standards. Examiners are subject to call-in on a 24-hour basis and must maintain APA continuing education requirements [8]Verified Polygraph Examiner Job Announcement — Maryland State Police
Confirms MSP polygraph examiners conduct pre-employment, criminal investigation, internal investigation, and PCSOT examinations following APA and ASTM standards.

The DPSCS Polygraph Unit similarly requires its examiners to adhere to APA, ASTM, and MPA standards [10]Verified DPSCS Polygraph Unit Executive Directive
Confirms DPSCS Polygraph Unit provides services for pre-employment, criminal investigations, internal investigations, and PCSOT following APA, ASTM, and MPA standards. These units provide polygraph services including pre-employment screening, criminal investigations, internal investigations, and Post-Conviction Sex Offender Testing (PCSOT) [10]Verified DPSCS Polygraph Unit Executive Directive
Confirms DPSCS Polygraph Unit provides services for pre-employment, criminal investigations, internal investigations, and PCSOT following APA, ASTM, and MPA standards. Modern polygraph testing increasingly relies on sophisticated algorithms and scoring software to enhance accuracy and objectivity, and Maryland's state agencies have embraced these advancements. Research has demonstrated that computerized polygraph evaluations can achieve accuracy of at least 90%, equaling or exceeding human scorers [15]Verified Human Versus Computerized Evaluations of Polygraph Data in a Laboratory Setting
Found computerized polygraph evaluations achieved accuracy of at least 90%, equaling or exceeding human scorers.

Federal Preemption Rules

The relationship between Maryland's §3-702 and the federal EPPA is governed by EPPA's preemption provision. Section 10 of the EPPA provides that the Act does not preempt any provision of a State or local law that prohibits lie detector tests or is more restrictive with respect to the use of lie detector tests [5]Verified 29 CFR Part 801 — Application of the Employee Polygraph Protection Act of 1988
Confirms EPPA regulations, federal preemption rules, and that EPPA does not preempt more restrictive state laws. This means that Maryland's broader protections — which extend to state and local government employers in addition to private employers — remain fully enforceable alongside the EPPA.

The EPPA became law on December 27, 1988, and prohibits most private employers from using any lie detector tests either for pre-employment screening or during the course of employment [4]Verified Employee Polygraph Protection Act (EPPA) — American Polygraph Association
Confirms EPPA became law December 27, 1988, government exemptions, and $10,000 statutory penalty per violation. Federal, State, and local government employers are exempted from the EPPA itself [4]Verified Employee Polygraph Protection Act (EPPA) — American Polygraph Association
Confirms EPPA became law December 27, 1988, government exemptions, and $10,000 statutory penalty per violation. However, Maryland's §3-702 fills this gap by applying its prohibition to state, county, and municipal government employers in addition to private-sector employers [2]Verified Maryland Labor and Employment Code §3-702 — Official Statute Text (MGA)
Confirms current text of §3-702 including all exemptions for law enforcement, corrections, and county-specific emergency services. The practical result is that Maryland employees enjoy dual-layer protection: the more restrictive provision of either law applies in any given situation.

EPPA Exemptions That Apply in Maryland

Even in Maryland, certain EPPA exemptions allow private employers to request polygraph tests under strictly controlled circumstances. The EPPA permits polygraph testing of prospective employees of security service firms — including armored car, alarm, and guard companies — and of pharmaceutical manufacturers, distributors, and dispensers [4]Verified Employee Polygraph Protection Act (EPPA) — American Polygraph Association
Confirms EPPA became law December 27, 1988, government exemptions, and $10,000 statutory penalty per violation. The Act also permits employers to request that current employees submit to a polygraph test in connection with an ongoing investigation involving economic loss or injury to the employer's business, such as theft, embezzlement, or industrial espionage, provided the employee had access to the property in question and the employer has a reasonable suspicion of the employee's involvement [5]Verified 29 CFR Part 801 — Application of the Employee Polygraph Protection Act of 1988
Confirms EPPA regulations, federal preemption rules, and that EPPA does not preempt more restrictive state laws.

These EPPA exemptions operate in Maryland subject to the restrictions of both federal and state law. Maryland employers must ensure compliance with all EPPA procedural requirements including providing the examinee with written notice of their rights, limiting the scope of questioning, and restricting how test results may be used [5]Verified 29 CFR Part 801 — Application of the Employee Polygraph Protection Act of 1988
Confirms EPPA regulations, federal preemption rules, and that EPPA does not preempt more restrictive state laws. For a detailed look at how EPPA exemptions work in other states, see our guides on California EPPA compliance and polygraph testing for drug use allegations.

Criminal Defense and Investigations

Maryland's §3-702 addresses only employment-related polygraph testing — it does not restrict the use of polygraph examinations in criminal investigations, legal proceedings, or voluntary private contexts. Defendants accused of crimes in Maryland may elect to take a polygraph examination administered by law enforcement or private examiners [16]Verified H.R.1212 — Employee Polygraph Protection Act of 1988
Confirms EPPA legislative history, government exemptions, ongoing investigation exemption, and examinee rights provisions. While polygraph results are not generally admitted as evidence at trial in Maryland courts under the standard established in Frye v. United States, the results can be extremely helpful to defense attorneys during plea negotiations and discussions with prosecutors [16]Verified H.R.1212 — Employee Polygraph Protection Act of 1988
Confirms EPPA legislative history, government exemptions, ongoing investigation exemption, and examinee rights provisions.

The scientific foundation supporting polygraph testing continues to strengthen. Research has established that the Control Question Test (CQT) technique achieves accuracy exceeding 85% using numerical scoring [17]Verified Validity of CQT in Laboratory Mock Crime Study
Established CQT technique validity with accuracy exceeding 85% using numerical scoring, while field polygraph numerical scores have demonstrated hit rates of 79% [18]Verified A Comparison of Field and Laboratory Polygraphs in the Detection of Deception
Field polygraph numerical scores achieved hit rates of 79%. The Concealed Information Test has been shown to have a particularly low false positive rate of only 4.1% [19]Verified Meta-Analysis of CIT Laboratory Studies
Found the weighted average false positive rate of only 4.1% for the Concealed Information Test, providing strong protection for truthful examinees. For a comprehensive review of the science behind polygraph testing, see our analysis of the NRC 2003 report.

Post-Conviction Sex Offender Testing (PCSOT)

Post-Conviction Sex Offender Testing represents one of the most important applications of polygraph testing in Maryland. Both the Maryland State Police and the DPSCS Polygraph Unit conduct PCSOT examinations as part of the state's sex offender management program [8]Verified Polygraph Examiner Job Announcement — Maryland State Police
Confirms MSP polygraph examiners conduct pre-employment, criminal investigation, internal investigation, and PCSOT examinations following APA and ASTM standards[10]Verified DPSCS Polygraph Unit Executive Directive
Confirms DPSCS Polygraph Unit provides services for pre-employment, criminal investigations, internal investigations, and PCSOT following APA, ASTM, and MPA standards. The APA's 2021 Model Policy for Post-Conviction Sex Offender Testing identifies four basic types of PCSOT examinations: instant offense exams, sexual history disclosure exams, maintenance exams, and sexual offense monitoring exams [20]Verified APA Model Policy for Post-Conviction Sex Offender Testing (2021)
Confirms four types of PCSOT examinations and goals of increasing public safety through incremental validity in risk assessment.

The ultimate goal of PCSOT programs is to increase public safety by adding incremental validity to risk assessment, treatment planning, and risk management decisions made by professionals who supervise and treat convicted sex offenders [20]Verified APA Model Policy for Post-Conviction Sex Offender Testing (2021)
Confirms four types of PCSOT examinations and goals of increasing public safety through incremental validity in risk assessment. PCSOT examiners work as part of a multidisciplinary team alongside treatment providers, probation and parole officers, and other supervision professionals [20]Verified APA Model Policy for Post-Conviction Sex Offender Testing (2021)
Confirms four types of PCSOT examinations and goals of increasing public safety through incremental validity in risk assessment. This collaborative approach has proven highly effective — research has shown that 90% of treatment providers report excellent or good rapport with probation officers, and 87.4% consider communication between team members essential [21]Verified Collaboration Among Sex Offender Treatment Providers and Probation and Parole Officers
90% of treatment providers reported excellent or good rapport with probation officers, 87.4% considered communication essential. Maryland's PCSOT programs follow APA, ASTM, and MPA standards to ensure the highest quality of testing and reporting [10]Verified DPSCS Polygraph Unit Executive Directive
Confirms DPSCS Polygraph Unit provides services for pre-employment, criminal investigations, internal investigations, and PCSOT following APA, ASTM, and MPA standards. For more on how polygraph testing supports the criminal justice system, see our Colin Pitchfork case study.

Voluntary Private Polygraph Testing

Outside the employment context, polygraph testing is freely available in Maryland for a wide range of voluntary purposes. Private polygraph examinations are commonly used for relationship fidelity verification, family disputes, civil litigation support, immigration and asylum cases, and personal truth verification [16]Verified H.R.1212 — Employee Polygraph Protection Act of 1988
Confirms EPPA legislative history, government exemptions, ongoing investigation exemption, and examinee rights provisions. Anyone in Maryland who wants to volunteer for a polygraph test may do so, and the results can provide valuable clarity and resolution in personal and legal matters.

Maryland residents can access professional, trained to APA standards polygraph testing through experienced private examiners. For details on booking a test and understanding pricing, see our Maryland polygraph test booking guide and lie detector test cost in Maryland guide. Nearby residents may also be interested in our Delaware pricing guide or New Jersey private polygraph guide. For those considering polygraph testing in immigration proceedings, our immigration and asylum polygraph guide provides detailed information.

Laboratory and Field Research

The scientific literature strongly supports the reliability of modern polygraph techniques. Foundational mock crime studies by Rovner, Raskin, and Kircher established the CQT technique validity with accuracy exceeding 85% using numerical scoring [17]Verified Validity of CQT in Laboratory Mock Crime Study
Established CQT technique validity with accuracy exceeding 85% using numerical scoring. Their pioneering research with 72 student volunteers assigned to guilty and innocent conditions provided some of the earliest rigorous validation of polygraph methods [22]Verified CQT Mock Crime Laboratory Study
One of the earliest CQT mock crime studies with 72 student volunteers providing foundational validation of polygraph techniques.

Subsequent research has further strengthened the evidence base. Kircher and Raskin demonstrated that computerized polygraph evaluations achieved accuracy of at least 90%, equaling or exceeding human scorers — establishing the feasibility and superiority of automated polygraph interpretation [15]Verified Human Versus Computerized Evaluations of Polygraph Data in a Laboratory Setting
Found computerized polygraph evaluations achieved accuracy of at least 90%, equaling or exceeding human scorers. Raskin, Kircher, Horowitz, and Honts conducted a comprehensive review showing that the Directed Lie Test (DLT) is at least as accurate as the CQT with fewer false positive errors, providing examiners with a simpler and equally reliable alternative [23]Verified Recent Laboratory and Field Research on Polygraph Techniques
Demonstrated DLT is at least as accurate as CQT with fewer false positive errors. Patrick and Iacono found that field polygraph numerical scores achieved hit rates of 79%, confirming that laboratory accuracy translates effectively to real-world conditions [18]Verified A Comparison of Field and Laboratory Polygraphs in the Detection of Deception
Field polygraph numerical scores achieved hit rates of 79%. Research on the Ocular-motor Deception Test showed cross-validation accuracy averaging 86.1% in field studies across diverse populations [24]Verified Laboratory and Field Research on the Ocular-motor Deception Test
Cross-validation accuracy averaged 86.1% in field studies across diverse populations.

Modern research has also demonstrated the robustness of polygraph testing against potential confounds. Suchotzki, May, and Gamer found that moderate alcohol intake did not significantly affect the detection of concealed identity information [25]Verified No Effect of Moderate Alcohol Intake on the Detection of Concealed Identity Information in the Laboratory
Moderate alcohol intake did not significantly affect the detection of concealed identity information, while Elaad's meta-analysis of CIT laboratory studies established a weighted average false positive rate of only 4.1% [19]Verified Meta-Analysis of CIT Laboratory Studies
Found the weighted average false positive rate of only 4.1% for the Concealed Information Test — meaning that innocent examinees are overwhelmingly correctly identified. For more on factors that can influence polygraph accuracy, see our guide on 5 reasons why a polygraph test may not be accurate.

Modern Scoring and Decision Rules

The evolution of polygraph testing from subjective interpretation to objective, evidence-based decision rules has dramatically improved reliability. Nelson's comprehensive survey of decision rules documented the shift from subjective to objective decision criteria and their positive impact on accuracy and consistency [26]Verified Practical Polygraph: A Survey and Description of Decision Rules
Comprehensive survey documenting the evolution from subjective to objective decision criteria and their impact on reliability and accuracy. Krapohl established specific decision rules for evidentiary-quality polygraph examinations, with more conservative cutscores designed to minimize errors in legal contexts [27]Verified Polygraph Decision Rules for Evidentiary and Paired Testing (Marin Protocol)
Established decision rules specifically for evidentiary-quality polygraph examinations with more conservative cutscores to minimize errors.

These advances in scoring methodology, combined with modern polygraph software and computerized analysis, ensure that today's polygraph examinations meet the highest standards of scientific rigor. Maryland's law enforcement agencies — including the MSP Polygraph Unit — have adopted these evidence-based practices, following APA and ASTM standards for all examinations [8]Verified Polygraph Examiner Job Announcement — Maryland State Police
Confirms MSP polygraph examiners conduct pre-employment, criminal investigation, internal investigation, and PCSOT examinations following APA and ASTM standards.

Steps for Maryland Employer Compliance

Ensuring compliance with Maryland §3-702 requires a systematic approach. Every employment application used in Maryland must include the statutory notice in bold-faced upper case type, with a designated space for the applicant's signature acknowledging the notice [1]Verified Maryland Labor and Employment Code §3-702 (2024) — Justia
Confirms full statutory text of §3-702 including prohibitions, notice requirements, penalties, and enforcement mechanisms. HR departments should implement a regular audit process to verify that all applications — including online applications and third-party recruiting platforms — contain the required notice.

Employers must not require, request, suggest, or demand that any employee or applicant submit to a polygraph examination as a condition of employment, prospective employment, or continued employment, unless a specific statutory exemption applies [1]Verified Maryland Labor and Employment Code §3-702 (2024) — Justia
Confirms full statutory text of §3-702 including prohibitions, notice requirements, penalties, and enforcement mechanisms. Even for positions covered by exemptions — such as law enforcement or correctional officer roles — employers should document which exemption applies and ensure that all polygraph testing follows applicable procedural requirements under both state and federal law.

Employers with operations in multiple states should be aware that polygraph testing laws vary significantly by jurisdiction. Our guides on Utah polygraph laws, Tennessee polygraph laws, and [Arizona polygraph data destruction requirements](/legal/ars-%c2%a7-38-1108-arizona-polygraph-data-destruction-law) provide jurisdiction-specific compliance information.

Common Compliance Pitfalls

Several common mistakes can expose Maryland employers to liability under §3-702 and the EPPA. Using an outdated application form that lacks the required notice is a standalone violation, regardless of whether any polygraph testing actually occurs [1]Verified Maryland Labor and Employment Code §3-702 (2024) — Justia
Confirms full statutory text of §3-702 including prohibitions, notice requirements, penalties, and enforcement mechanisms. Verbally suggesting that an applicant might need to take a polygraph — even casually — can constitute a violation if no exemption applies. Using the results of a polygraph test that was administered in violation of the law can compound the employer's exposure.

Employers who operate under one of the exemptions should maintain clear documentation of their exempt status and should ensure that polygraph testing is conducted only by qualified examiners who meet federal requirements under 29 CFR 801.26 [3]Verified Federal & State Regulations: EPPA — Maryland (J.J. Keller)
Confirms Maryland polygraph protections apply to private and government employers, and that Maryland has no state-level polygraph examiner licensing requirements. For a broader understanding of the risks associated with polygraph testing quality, see our California polygraph scam warning guide, which highlights red flags that apply to examiner selection nationwide.