US Codex
Bill
Notes

S. 921 — what changed

Tyler’s Law

From Reported in Senate to Engrossed in Senate. 1 section amended between Reported in Senate and Engrossed in Senate.

Sec. 2 Testing for fentanyl in hospital emergency departments

(a)
changed Study— Not later than 1 year 3 years after the date of enactment of this Act, the Secretary of Health and Human Services 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)
changed how frequently hospital emergency departments test for fentanyl (in addition to testing for other or fentanyl-related substances such as amphetamines, phencyclidine, cocaine, opiates, and marijuana) when a patient is experiencing an overdose, and test for other controlled substances related to such an overdose;
(2)
changed the costs associated with such testing scenarios in which hospital emergency departments do not administer tests for fentanyl;fentanyl or fentanyl-related substances when a patient is experiencing an overdose, or for other controlled substances related to such an overdose;
(3)
changed the potential benefits and risks for patients receiving costs associated with such testing for fentanyl; andfentanyl or fentanyl-related substances;
(4)
changed how fentanyl testing in hospital emergency departments may impact the experience of the patient, including—potential benefits and risks for patients receiving such testing for fentanyl or fentanyl-related substances;
(5)
added potential staff training needs to support testing for fentanyl or fentanyl-related substances;
(6)
added how testing for fentanyl or fentanyl-related substances in hospital emergency departments may impact the experience of the patient, including—
(A)
added 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)
added the patient-health care professional relationship; and
(7)
added 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.
(A)
removed protections for the confidentiality and privacy of the patient’s personal health information; and
(B)
removed the patient-physician relationship.
(b)
changed Guidance— Not later than 6 9 months after completion of the study under subsection (a), based on the results of such study, the Secretary of Health and Human Services 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)
changed Whether hospital emergency departments should implement fentanyl testing for fentanyl or fentanyl-related substances as a routine procedure for patients experiencing an overdose.
(2)
changed How hospitals can ensure that clinicians 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.fentanyl or fentanyl-related substances.
(3)
changed How the administration of fentanyl testing for fentanyl or fentanyl-related substances in hospital emergency departments may affect the future risk of overdose and general health outcomes.
(4)
added Available Federal resources that can assist hospital emergency departments in implementing testing for fentanyl or fentanyl-related substances.
(c)
changed Definition—Definitions— In this section, the term hospital emergency department means an emergency department of a hospital or an independent freestanding emergency department as (as such term is used terms are defined in section 1867(a) 2799A–1(a)(3) of the Social Security Public Health Service Act (42 U.S.C. 1395dd(a)).300gg–111(a)(3))).