House Bill 384: Session of 2021

Introduced by: {Rep. Davis}, Rep. Harris, Rep. Burgos

Amending Title 20 of the Pennsylvania Consolidated Statutes, in incapacitated persons, further providing for provisions concerning powers, duties, and liabilities

• A guardian of the person should have the same authority as a mental health care agent in making mental health care decisions.
•  The mental health care decision by the guardian should be effective without court approval, as the same stands with the mental health care agent.
• The guardian should (practically) consult close family members of the incapacitated person in making mental health care decisions.
• The petition that is filed for the appointment of the guardian should state whether they have the power to make mental health care decisions and, if so, the guardian should have all the powers of a mental health care agent to make decisions including the power to consent to electroconvulsive therapy or experimental research procedures.
• The petition should also state any limitation of powers of the guardian.
• This power of the guardian to make mental health care decisions should only apply when the incapacitated person is subject to involuntary examination and treatment
• The guardian is not criminally liable or civilly liable for damages for performing the duties of the guardian in the absence of recklessness, intentional misconduct, and gross negligence

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House Bill 691: Session of 2021

Introduced by: {Rep. Hill-Evans}, Rep. Krajewski, Rep. Nelson, Rep. Kinsey, Rep. Lee, Rep. Bullock, Rep. Wheatley

Amending Title 42 of the Pennsylvania Consolidated Statutes, in post-trial matters, further providing for eligibility of relief, providing for postconviction review for veterans with traumatic brain injury or post-traumatic stress disorder and further providing for jurisdiction and proceedings; and, in sentencing, further providing for sentencing procedure for murder of the first degree.

• To be eligible for relief, the conviction or sentence must have resulted from failure to consider evidence that the petitioner is suffering from PTSD or a traumatic brain injury as a result of serving in the U.S. Armed Forces in a combat zone or other hazardous duty area.
• An individual serving a death sentence, awaiting execution can make a written motion to the sentencing court for a performance/review of a mental health evaluation to discover a traumatic brain injury or PTSD
• These injuries must have been sustained while in service to the U.S. Armed Forces in a combat zone or similar hazardous duty area.
• A prima facie case must be conducted to demonstrate that a mental health evaluation would establish that the applicant’s injuries were a contributing factor in their conviction.
• The court doesn’t have to order an examination/review if the record shows that the said evaluation/review will not produce any evidence leading to PTSD or a traumatic brain injury as a contributing factor in their conviction.
• If the court does order an examination/review, the Department of Military and Veterans Affairs may work with the United States Department of Veterans Affairs to ensure the applicant has the opportunity to get a complete mental health evaluation.
• After getting the results of the mental health evaluation, the applicant has 60 days to petition the court for postconviction relief
• If the court finds evaluation to present PTSD or a traumatic injury, sustained while in service to the U.S. Armed Forces in a combat zone or similar hazardous duty area, as a contributing factor in their conviction, court shall ensure the Department of Corrections know about the applicant’s disability status and they will be protected under the Americans with Disabilities Act of 1990.
• The data acquired from the evaluation may not be entered into any law enforcement databases, used in any other investigations, or be used as evidence against the applicant in any manner.

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Senate Bill 26: Session of 2021

Introduced by: {Senator A. Williams}, Senator Street

Protection of Minors from Sexual Orientation Change Counseling Act.

• Prohibiting mental health professionals from engaging in sexual orientation change efforts with an individual under 18 years of age.
• Being lesbian, gay or bisexual is not a disease disorder, illness, deficiency or shortcoming. The major professional associations of mental health practitioners and researchers in the United States have recognized this factor for nearly 40 years.
• The American Psychological Association (APA) concluded that sexual orientation change efforts can pose critical health risks to lesbian, gay, and bisexual people, including: confusion, depression, guilt, helplessness, hopelessness, shame, social withdrawal, thoughts of suicide, substance abuse, stress, disappointment, self-blame, decreased self-esteem and authenticity to others, increased self-hatred, hostility and blame toward parents, feelings of anger and betrayal, loss of friends and potential romantic partners, problems in sexual and emotional intimacy, sexual dysfunction, high-risk sexual behaviors, a feeling of being dehumanized and untrue to self, a loss of faith and a sense of having wasted time and resources.
• The APA’s resolution on Appropriate Affirmative Responses to Sexual Orientation and Distress and Change Efforts of 2009: “parents, guardians, young people, and their families to avoid sexual orientation change efforts that portray homosexuality as a mental illness or developmental disorder and to seek psychotherapy, social support, and educational services that provide accurate information on sexual orientation and sexuality, increase family and school support, and reduce rejection of sexual minority youth”.
• APA position statement states: "Psychotherapeutic modalities to convert or 'repair' homosexuality are based on developmental theories whose scientific validity is questionable. Furthermore, anecdotal reports of 'cures' are counterbalanced by anecdotal claims of psychological harm. In the last four decades, 'reparative' therapists have not produced any rigorous scientific research to substantiate their claims of cure. Until there is such research available, the American Psychiatric Association recommends that ethical practitioners refrain from attempts to change individuals' sexual orientation, keeping in mind the medical dictum to first, do no harm."
• This form of counseling does not include counseling for an individual transitioning from one gender to another, counseling that provides acceptance, social support and identity exploration, or counseling that does not seek to change sexual orientation.

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House Resolution 127: Session of 2021

Introduced by: {Rep. Kirkland}, Rep. Hill-Evans, Rep. Young

Designating May 7, 2021 as “First Responders Mental Health Awareness Day” in Pennsylvania.

• In response to mounting evidence that shows first responders also experience traumatic stress and PTSD at alarming rates.
• Many of them avoid seeking mental healthcare due to the ‘invisible’ integrity they feel in comparison to the general public and the stigma associated with mental health disorders.
• There’s a strong possibility of an underlying fear of being subjected to ridicule, predujice, discrimination, and labeling if they seek mental healthcare.
• Studies show approximately 15% to 18% of police officers suffer from PTSD,  20% of firefighters suffer from PTSD (even higher for volunteer firefighters), and 20% of emergency medical first responders
• Public officials have a responsibility to make this a mental health priority.

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 House Bill 1077: Session of 2021

Introduced by: {Rep. Parker}, Rep. Bullock, Rep. Kenyatta, Rep. Kinsey, Rep. McClinton, Rep. Nelson

Amending Title 18 of the Pennsylvania Consolidated Statutes, in firearms and other dangerous articles, further providing for definitions, for sale or transfer of firearms and for Pennsylvania State Police and providing for self-exclusion from purchasing a firearm.

• People with mental health disabilities can put themselves on a list that excludes them from purchasing firearms, despite the background checks done by sellers already.
• Voluntary self-exclusion list’: the list established under section 6129 and maintained by the PA State Police of names and identifying of persons who have voluntarily agreed to be prohibited from purchasing a firearm or receiving a firearm in transfer. Can last from 1 - 5 years.
• No less than 20 business days before the self-exclusion time period is over, the PA State Police shall notify this person and they can either renew or remove.

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House Resolution 115: Session of 2021

Introduced by: {Rep. Lee}, Rep. Hill-Evans, Rep. Kenyatta, Rep. Krajewski, Rep. Kinsey, Rep. Harris.

Directing the Joint State Government Commission to conduct a study on the access to social workers for incarcerated individuals in Pennsylvania and the optimal ratio of social workers to incarcerated individuals and issue a report of its findings and recommendations to the House of Representatives

• There’s a current ratio of 1 social worker to 803 incarcerated individuals in the Commonwealth. The absence of an adequate amount of social workers puts the responsibility of personal and legal advice on unqualified correctional officers. Not only is this not their job, but they’re not legally required to provide advice in the best interest of the incarcerated individual.
• Social workers that are present are overworked and easily fall behind on necessary paperwork. Incarcerated individuals are bound to be neglected, ultimately decreasing their quality of life.
• To restrict access to a social worker is to belittle to experiences of mental illness in incarcerated settings
• Institutions that promise rehabilitation should produce rehabilitation and that requires an adequate amount of social workers to aid in the recidivism rate going.

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House Bill 1886: Session of 2021

Introduced by: {Rep. Bullock}, Rep. Kinsey, Rep Nelson, Rep. Hill-Evans, Rep. Kenyatta, Rep. McClinton.

The Office of Health Equity Act.

• ‘Health Disparities’: preventable differences in the burden of disease, injury, violence, or opportunities to achieve optimal health that are experienced by a population in comparison to another population
• ‘Health Equity’: the absence of unfair and avoidable or remediable differences in health among population groups, whether those population groups are defined socially, economically, demographically, or geographically.
• The office shall have the following powers and duties:
  • To research, develop, disseminate and advocate public health strategies to address health disparities in this Commonwealth.
  • To advise the department in matters relating to health disparities and health equity.
  • To collaborate with State agencies, legislators, policy makers, insurers, health care providers, community-based organizations, academic institutions and other entities, both public and private, to develop and implement policies and programs that result in a measurable and sustained improvement in health care access and health outcomes of underserved and disparate populations in this.
  • To collect and analyze data to identify and track health disparities in this Commonwealth.
  • To coordinate research and scientific studies regarding the epidemiology, sociological impact and strategy development relating to health disparities.
  • To develop and assist with the implementation of policies to reduce health disparities.

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House Bill 368: Session of 2021

Introduced by: {Rep. A. Davis}, Rep. Krajewski, Rep. Hill-Evans, Rep. Harris, Rep. Kirkland.

The COVID-19 Pandemic Front Line Employee Health and Safety Protection Act.

• Imposing duties on employers for the health and safety of employees relating to limiting exposure to COVID-19; and providing for the right to bring own personal protective equipment, for notification of illness in the workplace, for whistleblower protection and for enforcement.
• A health care or emergency responder employer shall:
  • Comply with the precautions mandated by the Department of Health and all relevant health alerts, advisories and updates issued by the health alert network of the Department of Health.
  • Incorporate, as appropriate, guidelines issued by the Centers for Disease Control and Prevention and the National Institute for Occupational Safety and Health designed to prevent the transmission of COVID-19 in health care settings.
  • Maintain on file, and make available to an employee upon request, a written plan developed by the employer to provide sufficient personal protective equipment to all employees.
• Employees of health care or emergency response should be afforded confidential access to employer supported mental health benefit coverage, including:
  • Mental Health Hotline information
  • Trained mental health counselors
  • Psychologists
  • Psychiatrists
• If possible, health care and emergency response workers should limit their time working in person.
• A health care or emergency response employer should test employees once for every 40 hours a week.
• An employee of a health care or emergency response employer must immediately report a positive test to the employer and comply with all quarantine/isolation tactics.
• If an employee in another sector tests positive for COVID-19 they must report it to the employer, who will then report it to their other employees.

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House Resolution 131: Session of 2021

Introduced by: {Rep. Kirkland}, Rep. Kenyatta, Rep. Kinsey, Rep. Hill-Evans, Rep. Lee, Rep. A. Davis.

Declaring youth violence as a public health epidemic and supporting the establishment of Statewide trauma-informed education.

• According to the CDC, violence is a serious public health problem.
  • Erodes communities by halting productivity, decreasing property values, and disrupting social services.
• Every year, youth homicides and nonfatal physical assault-related injuries result in more than $20 billion in combined medical and lost productivity costs.
• The CDC reports that though many people survive violent acts, they’re left with permanent physical and emotional scars.
• Striving to Reduce Youth Violence Everywhere: assists communities in applying a public health perspective to preventing youth violence.
• An individual’s characteristics, experiences, and environmental conditions during childhood and adolescence as indicators of future violent behavior.
• Exposure to violence in families and communities, as well as exposure to homicidal death can lead to youth-specific PTSD.
• Most youth violence stems from trauma that cannot be easily navigated through without correctly assessing and trauma education.
• Statewide trauma-informed education.

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House Bill 1176: Session of 2021

Introduced by: {Rep. Cephas}, Rep. D. Williams, Rep. Parker, Rep. Hill-Evans, Rep. A. Davis, Rep. Guzman, Rep. Lee, Rep. Kinsey, Rep. Bullock, Rep. McClinton, Rep. Kim.

Amending Title 63 of the Pennsylvania Consolidated Statutes, providing for administration.

• Cultural Competence: the ability to understand, communicate with, and effectively interact with people of different races, ethnicities, and cultures relating to health and delivery of health care.
• Implicit Bias: A belief or set of associations about a group or individual based upon physical characteristics, race, ethnicity, gender, age, religious creed, or sexual orientation, which can result in the inaccurate attribution of particular qualitites to the group or individual.
• The department shall require each person applying for a license or certification issued by a health-related State board to complete training regarding implicit bias and cultural competence in accordance with the continuing education requirements of the health-related State board. At a minimum, the training must include the understanding of implicit bias, including, but not limited to, practical techniques to mitigate implicit bias and improve cultural competence.

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House Resolution 132: Session of 2021

Introduced by: {Rep. Kirkland}, Rep. Kenyatta, Rep. Kinsey, Rep. Hill-Evans.

Condemning tobacco companies’ practice of targeted advertising in low-income communities.

• Tobacco use amongst adults living below the FPL is considerably higher than adults living above the FPL.
• Tobacco use amongst adults decreases as they move away from poverty.
• More tobacco sellers in low-income communities than in wealthier neighborhoods.
  • They’ll hand out free cigarettes, offer tobacco coupons, anything to attract people.
• Customers in low-income communities hardly know the health dangers of tobacco.
• That the House of Representatives support initiatives to educate low-income Pennsylvanians on the health risks associated with tobacco use and encourage the utilization of public and private resources to assist individuals seeking to quit tobacco use.

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