Tyler’s Law

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.

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.

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)).