Warner Celebrates Senate Passage of Legislation to Prevent Deaths from Fentanyl Overdoses

WASHINGTON - Sen. Mark R. Warner (D-VA) today applauded Senate passage of Tyler's Law, a bill directing the U.S. Department of Health and Human Services (HHS) to provide hospitals with guidance on how emergency rooms can implement fentanyl testing in their routine drug screens. The bill is named for Tyler Shamash, a teenager who died of an overdose in part because - unbeknownst to the physician - he was not tested for fentanyl upon being checked into the emergency room.

"Overdose deaths, especially among young people, are increasing across the country, and even just one preventable death is too many. As we try to fight this epidemic, it's important that hospital staff are including fentanyl in emergency room drug tests," said Sen. Warner. "I am proud to have worked on this bipartisan, life-saving legislation that would institute more robust guidance on testing for fentanyl during a suspected overdose."

In January 2023, Malcolm Kent, a 17-year-old Fairfax County resident, went to the emergency room while experiencing an overdose but was not tested for fentanyl. He died of a fentanyl overdose shortly after being discharged. His mother, Thurraya Kent, has advocated for robust measures to test for fentanyl in emergency rooms and expand access to treatment.

Tyler's Law would direct the Secretary of HHS to:

• Complete a study to determine how frequently emergency rooms are currently testing for fentanyl when patients come in for an overdose, as well as the associated costs and benefits/risks, and
• Issue guidance to hospitals on implementing fentanyl testing in emergency rooms.

In 2023, 1,936 Virginians died due to overdose of fentanyl and other synthetic opioids, accounting for nearly 79% of all drug overdose deaths in Virginia. Nationally, fentanyl and other synthetic opioids were responsible for just over 69% of all drug overdose deaths that year. Since the start of the COVID pandemic, fentanyl has more than doubled overdose deaths among children ages 12 to 17.

Sen. Warner has consistently pushed for robust action to combat the opioid epidemic, with a particular focus on expanding telehealth so more Virginians experiencing substance use disorder can access treatment. He is the lead sponsor of the TREATS Act, which would permanently (and without any special registration) allow telehealth prescribing of controlled substances, such as buprenorphine, to treat opioid use disorder. He also repeatedly pushed the Drug Enforcement Agency (DEA) to preserve pandemic-era telehealth flexibilities and establish a special registration pathway so that quality providers can permanently prescribe controlled substances safely via telehealth.

At the same time, Sen. Warner has emphasized that the crisis is increasingly driven by sophisticated transnational criminal networks that manufacture and traffic fentanyl into the United States, often exploiting gaps at ports of entry and leveraging global financial systems to launder proceeds. To disrupt these networks, he has backed a comprehensive approach that pairs stronger enforcement with financial tools to go after traffickers' profits and operations. He recently celebrated passage of the FEND Off Fentanyl Act, a sanctions and anti-money laundering law that targets fentanyl traffickers. He also introduced the Stop Fentanyl at the Border Act, legislation that would increase staffing capacity and deploy advanced technology to detect drugs being smuggled through points of entry.

In addition to Sen. Warner, Tyler's Law is also sponsored by Sens. Alex Padilla (D-CA), Jim Banks (R-IN), Chuck Grassley (R-IA), and Todd Young (R-IN). Reps. Ted Lieu (CA-36), Bob Latta (OH-05), and Sydney Kamlager-Dove (CA-37) introduced the companion legislation in the House.

The full text of the bill is available here.

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