TYLER'S LAW

TYLER'S LAW

Congressional Record, Volume 172 Issue 54 (Monday, March 23, 2026) [Congressional Record Volume 172, Number 54 (Monday, March 23, 2026)] [Senate] [Pages S1559-S1560] From the Congressional Record Online through the Government Publishing Office [ www.gpo.gov ] TYLER'S LAW Mr. LANKFORD. Mr. President, I ask unanimous consent that the Senate proceed to the immediate consideration of Calendar No. 307, S. 921. The PRESIDING OFFICER. The clerk will report the bill by title. The senior assistant legislative clerk read as follows: A bill (S. 921) 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. There being no objection, the Senate proceeded to consider the bill, which had been reported from the Committee on Health, Education, Labor, and Pensions with an amendment to strike all after the enacting clause and insert in lieu thereof the following: 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) [[Page S1560]] of the Public Health Service Act (42 U.S.C. 300gg- 111(a)(3))). Mr. LANKFORD. Mr. President, I ask unanimous consent that the committee-reported substitute amendment be considered and agreed to; that the bill, as amended, be considered read a third time and passed; and that the motion to reconsider be considered made and laid upon the table. The PRESIDING OFFICER. Without objection, it is so ordered. The committee-reported amendment in the nature of a substitute was agreed to. The bill (S. 921), as amended, was ordered to be engrossed for a third reading, was read the third time, and passed. ____________________

Referenced legislation: S921, S921