Southwest Allegheny News

State Representatives Doyle Heffley and Jason Ortitay have voiced their discontent with the Independent Regulatory Review Commission’s (IRRC) recent decision. The IRRC approved a regulation by the Pennsylvania Department of Human Services to extend Psychiatric Rehabilitation Services (PRS) to minors aged 14-18, which requires the minor's consent for services.

The new regulation contradicts Act 65 of 2020, authored by Ortitay, which allows parents or guardians to consent to treatment on behalf of minors without needing the minor's agreement. Ortitay expressed his disappointment: “I am deeply disappointed in IRRC’s decision. While I have always supported increasing access to mental health services, parents of minors should not be shut out of the process."

Heffley, who serves as the Republican chair of the House Human Services Committee, also criticized the regulation. “As a representative and chairman of the House Human Services Committee, I regularly hear from parents facing administrative hurdles when seeking mental health services for their children,” Heffley said. “I support efforts to reduce these challenges and improve access to services like PRS. However, this regulation unlawfully creates an additional barrier for parents.”

Heffley added that the new requirement could confuse providers about parental consent and potentially increase legal risks for those who deny services despite parental consent. Both representatives are concerned that this precedent could undermine Act 65.

The regulation is now subject to review by Pennsylvania Attorney General Michelle Henry for legality. Ortitay urged Attorney General Henry to disapprove it: “As IRRC Commissioner John Soroko pointed out in the meeting ‘this regulation does not meet the requirements of the Regulatory Review Act, which first and foremost fundamentally require the regulation to be in alignment with the legislation under which it is to be regulated.’ This regulation should be re-written to accomplish its worthwhile goals without violating the law.”