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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 921 Engrossed in Senate (ES)]
<DOC>
119th CONGRESS
2d Session
S. 921
_______________________________________________________________________
AN ACT
To direct the Secretary of Health and Human Services to issue guidance
on whether hospital emergency departments should implement fentanyl
testing as a routine procedure for patients experiencing an overdose,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as ``Tyler's Law''.
SEC. 2. TESTING FOR FENTANYL IN HOSPITAL EMERGENCY DEPARTMENTS.
(a) Study.--Not later than 3 years after the date of enactment of
this Act, the Secretary of Health and Human Services, acting through
the Assistant Secretary for Mental Health and Substance Use and in
coordination with other Federal departments, agencies, or stakeholders,
as appropriate, shall complete a study to determine--
(1) how frequently hospital emergency departments test for
fentanyl or fentanyl-related substances when a patient is
experiencing an overdose, and test for other controlled
substances related to such an overdose;
(2) scenarios in which hospital emergency departments do
not administer tests for fentanyl or fentanyl-related
substances when a patient is experiencing an overdose, or for
other controlled substances related to such an overdose;
(3) the costs associated with such testing for fentanyl or
fentanyl-related substances;
(4) the potential benefits and risks for patients receiving
such testing for fentanyl or fentanyl-related substances;
(5) potential staff training needs to support testing for
fentanyl or fentanyl-related substances;
(6) how testing for fentanyl or fentanyl-related substances
in hospital emergency departments may impact the experience of
the patient, including--
(A) protections for the privacy and security of the
patient's protected health information (as defined in
section 160.103 of title 45, Code of Federal
Regulations (or any successor regulations)) under part
160 of title 45, Code of Federal Regulations, and
subparts C and E of part 164 of title 45, Code of
Federal Regulations (or any successor regulations); and
(B) the patient-health care professional
relationship; and
(7) barriers that hospital emergency departments may
encounter when trying to implement testing for fentanyl or
fentanyl-related substances and recommendations on how best to
address those barriers.
(b) Guidance.--Not later than 9 months after completion of the
study under subsection (a), based on the results of such study, the
Secretary of Health and Human Services, acting through the Assistant
Secretary for Mental Health and Substance Use and in coordination with
other Federal departments, agencies, or stakeholders, as appropriate,
shall issue guidance on the following:
(1) Whether hospital emergency departments should implement
testing for fentanyl or fentanyl-related substances as a
routine procedure for patients experiencing an overdose.
(2) How hospitals can ensure that health care professionals
in their hospital emergency departments are aware of which
substances are being tested for in their routinely-administered
drug tests, regardless of whether those tests screen for
fentanyl or fentanyl-related substances.
(3) How the administration of testing for fentanyl or
fentanyl-related substances in hospital emergency departments
may affect the future risk of overdose and health outcomes.
(4) Available Federal resources that can assist hospital
emergency departments in implementing testing for fentanyl or
fentanyl-related substances.
(c) Definitions.--In this section, the term ``hospital emergency
department'' means an emergency department of a hospital or an
independent freestanding emergency department (as such terms are
defined in section 2799A-1(a)(3) of the Public Health Service Act (42
U.S.C. 300gg-111(a)(3))).
Passed the Senate March 23, 2026.
Attest:
Secretary.
119th CONGRESS
2d Session
S. 921
_______________________________________________________________________
AN ACT
To direct the Secretary of Health and Human Services to issue guidance
on whether hospital emergency departments should implement fentanyl
testing as a routine procedure for patients experiencing an overdose,
and for other purposes.