Assigned to HHS AS PASSED BY COW
ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
AMENDED
FACT SHEET FOR S.B. 1209
hospitals; fentanyl testing
Purpose
Requires hospitals to test for fentanyl when conducting a urine drug screening to diagnose
a patient, if the hospital has the capability and equipment to do so. Prohibits the results of these
tests from being used for law enforcement purposes.
Background
Fentanyl is a schedule II lab-made opioid that is approved by the U.S. Food and Drug
Administration to treat severe pain. Illegally made and distributed fentanyl, and other illegally
made synthetic opioids, have been increasingly found in the drug supply, contributing to a dramatic
rise in drug overdose deaths in the United States. People both knowingly consume fentanyl and
other synthetic opioids and unknowingly consume them when they are mixed into or sold as other
drugs, such as heroin, cocaine, or counterfeit pills. Because fentanyl is about 50 to 100 times more
potent than morphine, and a lethal dose can be very small, using a drug that has been contaminated
with or replaced by fentanyl can greatly increase one's risk of overdose (NIDA).
Schedule II drugs are defined as being dangerous with a high potential for abuse. Usage of
these drugs can potentially lead to severe psychological or physical dependence. Examples of other
schedule II drugs include cocaine, methamphetamine, methadone and oxycodone (USDEA).
A rapid urine drug test involves dipping a test strip with small square colored fields on it
into a urine sample for a few seconds and then comparing the colors on the strip to a color table to
determine the presence of a particular set of substances. This is the quickest way to test urine and
is usually done as a part of routine examinations (NIH).
The two main categories of drug testing are laboratory testing and point-of-care testing
(POCT). Initial laboratory testing, while more accurate and informative than POCT and able to
assess a wider range of test menus, takes hours to obtain results and requires complex equipment
operated by trained technicians. POCT, which includes rapid urine drug testing, is simpler to use
and requires limited training, yielding results in minutes without the need of a confirmatory test
that takes multiple days as is the case with laboratory testing (SAMHSA).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1. Requires hospitals to test for fentanyl when conducting a urine drug screening to assist in
diagnosing a patient. FACT SHEET -- Amended
S.B. 1209
Page 2
2. Exempts hospitals without the capability or equipment to conduct a rapid urine drug test for
fentanyl from this requirement.
3. Prohibits results of fentanyl testing in pre-diagnosis urine drug screenings from being used for
law enforcement purposes.
4. Becomes effective on the general effective date.
Amendments Adopted by Committee of the Whole
• Prohibits results of fentanyl testing in pre-diagnosis urine drug screenings from being used for
law enforcement purposes.
Senate Action
HHS 2/6/24 DP 4-2-1
Prepared by Senate Research
February 20, 2024
MM/DM/slp