S. 921 — Tyler’s Law

This section directs the Secretary of Health and Human Services (HHS), acting through the Assistant Secretary for Mental Health and Substance Use and in coordination with other relevant entities, to complete a study within three years of enactment on fentanyl testing in hospital emergency departments for overdose patients. The study must examine (1) testing frequency for fentanyl or related substances and other controlled substances; (2) scenarios without such testing; (3) associated costs; (4) patient benefits and risks; (5) staff training needs; (6) impacts on patient experience, including privacy protections for protected health information and the patient-provider relationship; and (7) implementation barriers with recommendations. Not later than nine months after study completion, the Secretary must issue guidance, based on study results, on (1) whether emergency departments should routinely test overdose patients for fentanyl; (2) ensuring staff awareness of substances covered by routine drug tests; (3) effects of such testing on future overdose risk and health outcomes; and (4) available federal resources for implementation. This section defines "hospital emergency department" as an emergency department of a hospital or an independent freestanding emergency department (as defined in 42 U.S.C. 300gg-111(a)(3)).