Southwest Allegheny News

State Representatives Doyle Heffley and Jason Ortitay have voiced their disapproval following the Independent Regulatory Review Commission's (IRRC) decision to approve a regulation from the Pennsylvania Department of Human Services. The regulation aims to extend Psychiatric Rehabilitation Services (PRS) to minors aged 14-18, requiring that minors consent to these services.

This new requirement is seen as conflicting with Act 65 of 2020, authored by Ortitay, which permits parents or guardians to consent to treatment on behalf of minors without needing the minor's agreement. Ortitay expressed his disappointment, stating, "While I have always supported increasing access to mental health services, parents of minors should not be shut out of the process." He emphasized that his law was intended to clarify parental rights after Act 147 of 2004 allowed minors aged 14 and older to consent independently.

Heffley shared similar concerns, noting that as chairman of the House Human Services Committee, he frequently hears from parents encountering obstacles when seeking mental health services for their children. He stated that while he supports reducing these challenges, this regulation creates an unlawful barrier for parents.

Heffley further explained that the new admission requirement could lead to confusion among providers about parental consent and increase legal risks for those denying services despite parental approval. He urged the Department of Human Services to provide clearer guidance on this regulation due to its potential implications for future mental health protocols.

The regulation is now subject to review by Pennsylvania Attorney General Michelle Henry for legality. Ortitay called on Attorney General Henry to reject it, quoting IRRC Commissioner John Soroko: "this regulation does not meet the requirements of the Regulatory Review Act."

Both representatives are urging a reconsideration and rewrite of the regulation so it aligns with existing legislation while achieving its objectives.