Tyler’s Law
What changed between versions
Study completion deadline extended from 1 year to 3 years after enactment; guidance issuance deadline extended from 6 months to 9 months after study completion.
Definition of 'hospital emergency department' expanded to include independent freestanding emergency departments, citing section 2799A-1(a)(3) of the Public Health Service Act instead of section 1867(a) of the Social Security Act.
All references to testing for 'fentanyl' broadened to 'fentanyl or fentanyl-related substances,' and the study now also considers other controlled substances related to an overdose.
New study element requiring analysis of scenarios in which emergency departments do NOT administer fentanyl or related substance tests during an overdose.
New study element on potential staff training needs to support fentanyl and fentanyl-related substance testing.
New study element on barriers emergency departments may encounter when implementing testing, with recommendations on how to address those barriers.
New guidance item requiring the Secretary to identify available Federal resources that can assist emergency departments in implementing fentanyl and fentanyl-related substance testing.
Privacy language updated from general 'confidentiality and privacy of personal health information' to specific HIPAA citations (45 CFR part 160, subparts C and E of part 164); 'patient-physician relationship' changed to 'patient-health care professional relationship.'
Both the study and guidance provisions now specify that the Secretary acts through the Assistant Secretary for Mental Health and Substance Use and in coordination with other Federal departments, agencies, or stakeholders.