Tyler's Law: Law named after California teen would help prevent fentanyl overdoses

Tyler's Law would direct the U.S. Department of Health and Human Services (HHS) to provide hospitals with guidance on how emergency rooms can implement fentanyl testing into their routine drug screenings.

The bill is named for Tyler Shamash, a Los Angeles teenager who died of an overdose in part because, unbeknownst to the doctor, he was not tested for fentanyl when he arrived at the emergency room.

Sen. Mark R. Warner of Virginia is co-sponsoring the bill. The legislation was passed in California in 2024.

“We know that fentanyl is more deadly than other substances. After learning that the family of a Fairfax County teenager had to learn from the medical examiner after his death, not while alive in the emergency room, that he suffered from a fentanyl overdose, I am proud to co-sponsor the legislation from Tyler,” Warner said. “While this law will never bring back Malcolm Kent, Tyler Shamash, or the thousands of people we lost too soon to overdoses, I am happy, in their memory, to push to save more lives by instituting guidelines stricter testing for fentanyl in suspected overdoses. .”

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 released. His mother, Thurraya Kent, advocated for robust measures to test for fentanyl in emergency rooms and expand access to treatment.

Tyler's Law would direct the HHS Secretary to:

• Conduct a study to determine how often emergency rooms currently test for fentanyl when patients present with an overdose, as well as the associated costs and benefits/risks, and
• Issue guidance to hospitals on the implementation of fentanyl testing in emergency rooms.

In 2022, 1,967 Virginians died from overdoses on 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 63% of all drug overdose deaths that year. Since the start of the COVID pandemic, fentanyl has more than doubled overdose deaths among children aged 12 to 17.

Warner has consistently pushed for strong action to combat the opioid epidemic, including expanding telehealth so more Virginians with substance use disorders can access treatment. He directs the Treats Law, which would permanently (and without any special registration) allow telehealth prescribing of controlled substances to treat opioid use disorder, such as buprenorphine. He also repeatedly pushed the DEA to preserve telehealth flexibilities during the pandemic and to create a special registration so that quality providers can continuously prescribe controlled substances safely via telehealth. To fight against trafficking, he recently celebrated the passage of the REFEND the fentanyl law, a sanctions and anti-money laundering law that targets fentanyl traffickers. He also presented the Law banning fentanyl at the borderlegislation that would increase staffing capacity and technology to detect drugs smuggled through ports of entry.

Tyler's Law is led by Senators Joe Manchin of West Virginia and Mike Braun of Indiana, and also co-sponsored by Bob Casey of Pennsylvania, Todd Young of Indiana and Alex Padilla of California.