Governor signs Malcolm’s law on fentanyl testing
After Absolon and Thurraya Kent of Annandale lost their 17-year-old son, Malcolm, to a drug overdose two years ago, they discovered he could have been saved if the hospital had tested him for fentanyl poisoning.
As a result, they worked on drafting legislation, which was introduced in the House of Delegates by Del. Irene Shin (D-8th District), to require hospital emergency rooms to test for fentanyl when they conduct urine screenings to diagnose a patient’s condition.
Known as Malcolm’s Law, the measure was passed by both the House and Senate. On March 21, Gov. Glenn Youngkin signed it into law. It takes effect on Jan. 1, 2026.
Malcolm had been struggling with drug abuse in the past and had been banned from Falls Church High School for using drugs on school grounds. After he transferred to Quander Road School he was doing much better. He was committed to sobriety, regularly attended meetings, and planned to attend trade school after he graduated.
When he told his parents he had messed up and had taken drugs, they took him to the emergency room. The hospital didn’t test him for fentanyl poisoning and sent him home.
Thurraya called the hospital that night to report that Malcolm was sleeping oddly and snoring heavily. They told her his body was trying to work something out and to let him rest. He died the next morning, on Jan. 28, 2023.
If the hospital had tested for fentanyl, she says they likely would have given him Narcan and kept him overnight.
One thing you say after a child dies is “we did the best we could with the information we had,” she says.
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Malcolm was on the autism spectrum – he was high-functioning – and had ADHD, which led to his behavior issues. The Kents believe he turned to substance abuse as a coping mechanism. “He was trying to fit into a neurotypical world,” Thurraya says.
Throughout the grieving process, Thurraya met other moms in a similar situation. One of them told her about Tyler’s Law, passed in California in 2022. It is named for Tyler Shamash, a Los Angeles teen who died from an overdose a day after doctors at an emergency room failed to test him for fentanyl poisoning.
Tyler’s mom encouraged the Kents to seek similar legislation in Virginia. Thurraya attended a workshop hosted by Del. Shin and prepared a draft bill, which Shin agreed to sponsor. Thurraya lobbied for its passage and testified before a House of Delegates subcommittee.
The Kents are happy the bill was passed. “It won’t bring Malcolm back, but at least it could help other families,” Absolon says. “Our hope is that with more effective screening, fewer lives will be lost.”
Fairfax County Public Schools urges parents to talk to teens about the dangers of fentanyl.
This isn’t the first time Malcolm was the inspiration for legislation.
Both Absolon and Thurraya were active-duty members of the military in Nebraska when they were waiting to adopt a baby. When they learned parents in the military couldn’t take leave to bond with an adopted child, they urged members of Congress to change that rule.
Sen. Bill Nelson (D-Neb.), also an adoptive parent, introduced a bill, which was ultimately passed in 2005, requiring the Armed Forces to give 21 days of leave to members of the military adopting a child.
“Malcom’s legacy far exceeds his 17 years,” Thurraya says.
