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House of Representatives
Session of 2017 - 2018 Regular Session


Posted: September 17, 2018 11:09 AM
From: Representative Jason Ortitay
To: All House members
Subject: Amending the Allowing Minors to Consent to Medical Care Act (Act 147 of 2004) and Mental Health Procedures Act (Act 143 of 1976) to raise the age of consent from 14 to 18
I plan to introduce a two bill package that will raise the current age of consent for mental health care from 14 to 18 years of age. The first bill in this package will amend the Allowing Minors to Consent to Medical Care Act (Act 147 of 2004). The second bill will amend the Mental Health Procedures Act (Act 143 of 1976). Because both bills address the same issue, they must be enacted together to change the current law. For more information about this legislation, please see the attachments. Thank you for your consideration. If you have any questions, please contact Lauren Moss at lmoss@pahousegop.com.

Document #1

Description: In spite of an abundance of clarity in the existing law, there is much confusion among providers, minors, and parents regarding the rights of each party.  Act 147 of 2004 provides that parents are permitted to consent for any mental health treatment their child may require.  However, minors are allowed to refuse treatment even if the parent consents.
My observation based on constituent inquiries is that we need to further simplify things to eliminate any confusion.  Children from the age of 14 to 18 need parental guidance for decisions of this magnitude, especially when they are struggling with a mental health concern.
  View Attachment

Document #2

Description: My amendment to Act 143 of 1976 will simply raise the age of consent from 14 to 18, eliminating any issues where a young person under 18 may be asked to consent on his or her own behalf. 
  View Attachment