Virginia's Warner cosponsors 'Tyler's Law' seeking more fentanyl testing in emergency rooms

U.S. Senator Mark Warner (D-VA) is among the senators cosponsoring "Tyler's Law," a bill that would direct the U.S. Department of Health and Human Services to provide hospitals nationwide with guidance about how to implement fentanyl testing in their routine emergency room drug screening processes. The bill is named for Tyler Shamash, a teen who died of an overdose in part because he was not tested for fentanyl when checked into an emergency room, and his treating physician didn't know.

A similar case occurred in Virginia, when Malcolm Kent, a 17-year-old from Fairfax County, died of an overdose in January 2023. He also did not receive a fentanyl test when he was checked into the emergency room, and his mother, Thurraya Kent, has advocated for more robust measures to test for fentanyl in such situations.

The bill would prompt the HHS to study how frequently emergency rooms are testing for fentanyl currently when patients arrive with overdose symptoms (as well as the associated costs and risks of doing so) and to issue guidance to hospitals about implementing such testing. Tyler’s Law is being led by Sen. Joe Manchin (D-WV) and Sen. Mike Braun (R-IN) and is also cosponsored by Sens. Bob Casy (D-PA), Todd Young (R-IN) and Alex Padilla (D-CA).

“We know fentanyl is deadlier than other substances," Warner said. "After hearing that a Fairfax County teenager’s family had to learn from the medical examiner after his death instead of when he was alive in the emergency room that he was experiencing a fentanyl overdose, I’m proud to cosponsor Tyler’s Law. While this law will never bring back Malcolm Kent, Tyler Shamash, or the thousands we’ve lost too soon to overdoses, in their memory I am glad to push to save more lives by instituting more robust guidance on testing for fentanyl during a suspected overdose.”