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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.
Summary
This bill would direct the Secretary of Health and Human Services to conduct a study on how hospital emergency departments test for fentanyl and fentanyl-related substances when treating patients experiencing overdoses. The study would examine how frequently testing occurs, the costs and benefits of testing, potential training needs for staff, impacts on patient privacy and care relationships, and barriers to implementing such testing. Based on the study results, the Secretary would issue guidance on whether hospitals should implement fentanyl testing as a routine procedure for overdose patients, how to ensure staff awareness of tested substances, and how testing may affect overdose risk and health outcomes. The guidance would also identify available federal resources to help hospitals implement fentanyl testing. The study must be completed within three years of enactment, with guidance issued nine months after the study is completed.
AI-generated plain-language summary of the bill text — neutral, and may be imperfect. See the full text below for the exact wording.
Sponsor (1)
- Sen. Banks, Jim [R-IN] (R-IN)
13 cosponsors
- Sen. Cantwell, Maria [D-WA] (D-WA)
- Sen. Grassley, Chuck [R-IA] (R-IA)
- Sen. Hassan, Margaret Wood [D-NH] (D-NH)
- Sen. Kim, Andy [D-NJ] (D-NJ)
- Sen. Klobuchar, Amy [D-MN] (D-MN)
- Sen. Moody, Ashley [R-FL] (R-FL)
- Sen. Mullin, Markwayne [R-OK] (R-OK)
- Sen. Padilla, Alex [D-CA] (D-CA)
- Sen. Scott, Rick [R-FL] (R-FL)
- Sen. Tuberville, Tommy [R-AL] (R-AL)
- Sen. Warner, Mark R. [D-VA] (D-VA)
- Sen. Warnock, Raphael G. [D-GA] (D-GA)
- Sen. Young, Todd [R-IN] (R-IN)
Actions (10)
- Mar 24, 2026 Held at the desk. · house
- Mar 24, 2026 Received in the House. · house
- Mar 24, 2026 Message on Senate action sent to the House. · senate
- Mar 23, 2026 Passed Senate with an amendment by Unanimous Consent. (consideration: CR S1559-1560; text: CR S1559-1560) · senate
- Mar 23, 2026 Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.
- Jan 28, 2026 Placed on Senate Legislative Calendar under General Orders. Calendar No. 307. · senate
- Jan 28, 2026 Committee on Health, Education, Labor, and Pensions. Reported by Senator Cassidy with an amendment in the nature of a substitute. Without written report. · senate
- Jan 15, 2026 Committee on Health, Education, Labor, and Pensions. Ordered to be reported with an amendment in the nature of a substitute favorably. · senate
- Mar 10, 2025 Read twice and referred to the Committee on Health, Education, Labor, and Pensions. · senate
- Mar 10, 2025 Introduced in Senate
Similar bills (6)
Bills with similar text or summary — includes reintroductions across Congresses. Ranked by semantic similarity of the bill text (computed locally); a neutral discovery aid, not a claim the bills are duplicates.
Committee action
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Meetings where this bill was on the agenda
Full text
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,
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 1 year after the date of enactment of this Act, the Secretary of Health and Human Services shall complete a study to determine— (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; (2) the costs associated with such testing for fentanyl; (3) the potential benefits and risks for patients receiving such testing for fentanyl; and (4) how fentanyl testing in hospital emergency departments may impact the experience of the patient, including— (A) protections for the confidentiality and privacy of the patient’s personal health information; and (B) the patient-physician relationship. (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: (1) Whether hospital emergency departments should implement fentanyl testing as a routine procedure for patients experiencing an overdose. (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. (3) How the administration of fentanyl testing in hospital emergency departments may affect the future risk of overdose and general health outcomes. (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)).
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
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