Bill Text: IL HR0179 | 2013-2014 | 98th General Assembly | Introduced

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Bill Title: Creates the Task Force on Mental Health Diagnosis within Illinois Law. Describes the duties of the task force and provides that the task force submit a final report by December 31, 2014.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2013-05-22 - Resolution Lost 022-092-000 [HR0179 Detail]

Download: Illinois-2013-HR0179-Introduced.html

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HOUSE RESOLUTION
WHEREAS, Mental illness is a critical underlying concept in
various areas of our law affecting mitigation of criminal
responsibility and fundamental rights to property, individual
liberty, and personal privacy; and
WHEREAS, For at least 2 generations, mental illness has
been presumed to be brain disease which is best confronted as a
treatable medical problem; and
WHEREAS, Vast amounts of State resources and tax monies,
not to mention the creative energies and work of our citizens
and civil servants, are continuously expended in accordance
with Illinois laws and regulations dependent upon derived
psychiatric definitions, formulations, and diagnostic criteria
for mental disorders, in particular upon those definitions,
formulations, and criteria which are found in the American
Psychiatric Association's nearly 20-year-old Diagnostic and
Statistical Manual of Mental Disorders, Fourth Edition
(DSM-IV); and
WHEREAS, Some experts in the field of mental health are
currently in major and substantial disagreement about methods
and standards of psychiatric diagnosis; and

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WHEREAS, Despite explicit admonitions in DSM-IV against
the use of psychiatric diagnosis for legal purposes such as
establishing competence, criminal responsibility or
disability, Illinois courts and agencies have nonetheless
habitually relied upon the formulations and criteria in the DSM
for the precise expertise which the text itself disclaims; and
WHEREAS, A new edition of the American Psychiatric
Association's manual, DSM-5, is scheduled for publication in
May of 2013, but proposed changes for this upcoming DSM are
provoking intense criticism from a diverse range of mental
health experts; and
WHEREAS, the DSM-V is attracting criticism from numerous
publications such as the Chicago Tribune, Forbes Magazine, and
the Huffington Post, that the new manual may lead to
over-diagnosis of new or rare disorders, the loss of access to
mental health services by persons whose condition may no longer
be recognized, and possible misdiagnosis of autism due to the
DSM-V's consideration of autism, Asperger's disorder, and
other developmental disorders as a single diagnosis on a
spectrum; and
WHEREAS, Forbes magazine outlines new disorders being
introduced in the DSM-V which have the potential to result in
the over-medication of patients, including Disruptive Mood

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Dysregulation Disorder, which requires a child to have at least
3 tantrums a week for a one-year period in order to be
diagnosed, binge-eating disorder, hoarding disorder, and skin
excoriation; and
WHEREAS, These examples will now be understood by the DSM-V
to be legitimate disorders and therapists treating patients
with these symptoms can be reimbursed by insurance companies;
and
WHEREAS, Due to the changes in such a pivotal mental health
diagnostic tool and the volume of critiques being voiced from
mental health professionals, it is imperative that we have an
open and transparent discussion on the DSM-5 as it relates to
the diagnosis of persons with mental disease and disorders;
therefore, be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE
NINETY-EIGHTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that
the Task Force on Mental Health Diagnosis within Illinois Law
be created to:
(1) thoroughly survey the Illinois Compiled Statutes and
Administrative Code to identify all instances where our
laws and government functions depend upon purported
understanding of mental illness or disorder, mental
capacity, mental health, behavior or psychology, which may

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have been recently discredited or found to be incorrect or
seriously called into question;
(2) forward initial recommendations of urgent legislative
actions which may be needed to avoid gross injustice or
waste of public resources to the General Assembly as soon
as possible; and
(3) produce a final report summarizing the task force's
findings and detailing recommended statutory or
constitutional strategies to recognize best practices and
highlight any areas of major disagreement within the
profession; and be it further
RESOLVED, That the task force shall consist of the
following members: 5 task force members appointed by the
Speaker of the House, 2 of whom are State representatives (one
who will serve as co-chairperson), and 3 of whom are
professionals in the mental health field; 5 task force members
appointed by the minority leader of the House, 2 of whom are
State representatives (one who will serve as co-chairperson),
and 3 of whom are professionals in the mental health field; one
task force member appointed by the Governor under the Division
of Mental Health under the Department of Human Services; and
one task force member appointed by the Attorney General as a
representative of her office and trained in a related field;
and be it further

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RESOLVED, That the task force be appointed and hold its
first meeting by March 1, 2014; and be it further
RESOLVED, That in appointing members of the task force, the
Speaker and minority leader shall consider that professional
experience in diverse mental health-related fields may be a
positive qualification; and be it further
RESOLVED, That the task force shall take voluntary
assistance and testimony from individuals and professional
organizations and institutions; and be it further
RESOLVED, That the members of the task force shall serve
without compensation; and be it further
RESOLVED, That the Department of Human Services shall
provide staffing and administrative support services to the
task force upon request; and be it further
RESOLVED, That the task force shall submit its final report
to the General Assembly, the Governor, and the Attorney General
no later than December 31, 2014.