- Record: Senate Floor
- Section type: Floor speeches
- Chamber: Senate
- Date: March 23, 2026
- Congress: 119th Congress
- Why this source matters: This section came from the Senate floor portion of the record.
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.
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)
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 bill (S. 921), as amended, was ordered to be engrossed for a third reading, was read the third time, and passed.