98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB3532

 

Introduced 2/14/2014, by Sen. Matt Murphy

 

SYNOPSIS AS INTRODUCED:
 
405 ILCS 5/3-804  from Ch. 91 1/2, par. 3-804

    Amends the Mental Health and Developmental Disabilities Code. Provides that if the respondent is unable to obtain an examination in an involuntary admission proceeding or in a proceeding seeking the administration of psychotropic medication or electroconvulsive therapy, the respondent may request that the court order an examination to be made by a physician, qualified examiner, clinical psychologist, or other expert (rather than by an impartial medical expert under Supreme Court Rules or by a qualified examiner, clinical psychologist, or other expert). Provides that the court must determine the compensation of the examiner or other expert. Provides that the compensation must be paid by the respondent's county of residence unless the respondent is not a resident of the State, in which case the fee must be paid by the county in which the proceeding is pending. Deletes provision that determination of the compensation of the physician, qualified examiner, clinical psychologist, or other expert and its payment shall be governed by Supreme Court Rule.


LRB098 15786 RLC 50818 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB3532LRB098 15786 RLC 50818 b

1    AN ACT concerning health.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Mental Health and Developmental
5Disabilities Code is amended by changing Section 3-804 as
6follows:
 
7    (405 ILCS 5/3-804)  (from Ch. 91 1/2, par. 3-804)
8    Sec. 3-804. The respondent is entitled to secure an
9independent examination by a physician, qualified examiner,
10clinical psychologist or other expert of his or her choice. If
11the respondent is unable to obtain an examination in an
12involuntary admission proceeding or in a proceeding under
13Section 2-107.1 of this Code, the respondent, he may request
14that the court order an examination to be made by a physician,
15an impartial medical expert pursuant to Supreme Court Rules or
16by a qualified examiner, clinical psychologist, or other
17expert. Any such physician or other examiner, whether secured
18by the respondent or appointed by the court, may interview by
19telephone or in person any witnesses or other persons listed in
20the petition for involuntary admission or in the petition for
21medication or therapy under Section 2-107.1 of this Code. The
22physician or other examiner may submit to the court a report in
23which his findings are described in detail. The court must

 

 

SB3532- 2 -LRB098 15786 RLC 50818 b

1determine the compensation of the examiner or other expert. The
2compensation must be paid by the respondent's county of
3residence unless the respondent is not a resident of this
4State, in which case the fee must be paid by the county in
5which the proceeding is pending. Determination of the
6compensation of the physician, qualified examiner, clinical
7psychologist or other expert and its payment shall be governed
8by Supreme Court Rule.
9(Source: P.A. 85-558.)