Bill Text: IL HB1007 | 2013-2014 | 98th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: 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.

Sponsorship: Partisan Bill (Republican 1)

Status: (Failed) 2014-12-03 - Session Sine Die [HB1007 Detail]

Download: Illinois-2013-HB1007-Introduced.html

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98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 HB1007 Introduced , by Rep. Ron Sandack 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.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning health.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Mental Health and Developmental
Disabilities Code is amended by changing Section 3-804 as
follows:
(405 ILCS 5/3-804) (from Ch. 91 1/2, par. 3-804)
Sec. 3-804. The respondent is entitled to secure an
independent examination by a physician, qualified examiner,
clinical psychologist or other expert of his or her choice. If
the respondent is unable to obtain an examination in an
involuntary admission proceeding or in a proceeding under
Section 2-107.1 of this Code, the respondent, he may request
that the court order an examination to be made by a physician,
an impartial medical expert pursuant to Supreme Court Rules or
by a qualified examiner, clinical psychologist, or other
expert. Any such physician or other examiner, whether secured
by the respondent or appointed by the court, may interview by
telephone or in person any witnesses or other persons listed in
the petition for involuntary admission or in the petition for
medication or therapy under Section 2-107.1 of this Code. The
physician or other examiner may submit to the court a report in
which his findings are described in detail. The court must

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