Law Enforcement Mental Health Evaluations: Request for Public Comment on Proposed Rule

The Municipal Police Officers’ Education and Training Commission (Commission) proposes regulations to implement Act 59 (2020). Act 59 provides an opportunity for municipal police officers to receive mental health evaluations for post-traumatic stress disorder (PTSD) at no cost to the officer. The commission had promulgated temporary regulations in 2021 to facilitate prompt implementation of Act 59. However, the temporary regulations expired 2 years after their effective date and will be deleted as part of this proposed rulemaking.

The proposed regulation sets forth required procedures for a law enforcement agency when a law enforcement officer requests a mental health evaluation, when a police chief or other supervising law enforcement officer recommends a law enforcement officer have a mental health evaluation or when the law enforcement officer is involved in a lethal force incident. The mental health evaluation for PTSD must be done by a licensed mental health professional. The term “licensed mental health professional” includes the following professionals licensed in the Commonwealth: psychologists, clinical social workers, professional counselors, and physicians.

If during a required mental health evaluation, a licensed mental health professional determines a law enforcement officer has symptoms of PTSD and is not fit to perform the essential job functions of a police officer, the law enforcement officer shall be provided treatment by a licensed physician until the licensed physician determines, in writing, that the law enforcement officer is able to resume full duties.

Request for public comment

The public is encouraged to submit comments or objections regarding this proposed rule to the Pennsylvania State Police, Policy and Legislative Affairs Office, Attn: Regulatory Coordinator, 1800 Elmerton Avenue, Harrisburg, PA 17110, ra-spregulations@pa.gov. Comment must be received by October 5, 2026 (30 days following publication of this proposed rule in the PA Bulletin). Comments, suggestions or objections should reference Regulation 17-90.