[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 921 Reported in Senate (RS)]
<DOC>
Calendar No. 307
119th CONGRESS
2d Session
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 10, 2025
Mr. Banks (for himself, Mr. Padilla, Mr. Grassley, Mr. Warner, Mr.
Young, Mr. Scott of Florida, Mr. Mullin, Mr. Kim, Ms. Klobuchar, Mr.
Warnock, Ms. Hassan, Mrs. Moody, and Mr. Tuberville) introduced the
following bill; which was read twice and referred to the Committee on
Health, Education, Labor, and Pensions
January 28, 2026
Reported by Mr. Cassidy, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
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,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as ``Tyler's Law''.</DELETED>
<DELETED>SEC. 2. TESTING FOR FENTANYL IN HOSPITAL EMERGENCY
DEPARTMENTS.</DELETED>
<DELETED> (a) Study.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Health and Human Services shall
complete a study to determine--</DELETED>
<DELETED> (1) how frequently hospital emergency departments
test for fentanyl (in addition to testing for other substances
such as amphetamines, phencyclidine, cocaine, opiates, and
marijuana) when a patient is experiencing an
overdose;</DELETED>
<DELETED> (2) the costs associated with such testing for
fentanyl;</DELETED>
<DELETED> (3) the potential benefits and risks for patients
receiving such testing for fentanyl; and</DELETED>
<DELETED> (4) how fentanyl testing in hospital emergency
departments may impact the experience of the patient,
including--</DELETED>
<DELETED> (A) protections for the confidentiality
and privacy of the patient's personal health
information; and</DELETED>
<DELETED> (B) the patient-physician
relationship.</DELETED>
<DELETED> (b) Guidance.--Not later than 6 months after completion of
the study under subsection (a), based on the results of such study, the
Secretary of Health and Human Services shall issue guidance on the
following:</DELETED>
<DELETED> (1) Whether hospital emergency departments should
implement fentanyl testing as a routine procedure for patients
experiencing an overdose.</DELETED>
<DELETED> (2) How hospitals can ensure that clinicians 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.</DELETED>
<DELETED> (3) How the administration of fentanyl testing in
hospital emergency departments may affect the future risk of
overdose and general health outcomes.</DELETED>
<DELETED> (c) Definition.--In this section, the term ``hospital
emergency department'' means a hospital emergency department as such
term is used in section 1867(a) of the Social Security Act (42 U.S.C.
1395dd(a)).</DELETED>
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))).
Calendar No. 307
119th CONGRESS
2d Session
S. 921
_______________________________________________________________________
A BILL
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.
_______________________________________________________________________
January 28, 2026
Reported with an amendment