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Full Text of HB5594
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HB5594 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5594
Introduced 2/13/2026, by Rep. Suzanne M. Ness
SYNOPSIS AS INTRODUCED:
405 ILCS 5/3-752
405 ILCS 5/3-753
Amends the Mental Health and Developmental Disabilities Code. In
provisions concerning petitions for involuntary admissions on an
outpatient basis, adds a nurse practitioner to the list of examiners who
may certify that an individual is subject to involuntary admission on an
outpatient basis. Adds provisions that a certificate must contain the
clinical observations of the examining psychiatrist or nurse practitioner
when applicable. Reduces the number of certificates (from 2 to one) needed
for a court to set a hearing without additional examination of the
individual.
LRB104 19572 KTG 33020 b
A BILL FOR
HB5594
LRB104 19572 KTG 33020 b
1
AN ACT concerning mental health.
2
Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:
4
Section 5.
The Mental Health and Developmental
5
Disabilities Code is amended by changing Sections 3-752 and
6
3-753 as follows:
7
(405 ILCS 5/3-752)
8
Sec. 3-752.
Certificate.
9
(a) The petition may be accompanied by the certificate of
10
a physician, qualified examiner, psychiatrist, advanced
11
practice psychiatric nurse,
nurse practitioner,
or clinical
12
psychologist which certifies that the respondent is subject to
13
involuntary admission on an outpatient basis. The certificate
14
shall indicate that the physician, qualified examiner,
15
psychiatrist,
advanced practice psychiatric nurse,
nurse
16
practitioner,
or clinical psychologist personally examined the
17
respondent not more than 72 hours prior to the completion of
18
the certificate. It shall also contain the physician's,
19
qualified examiner's,
psychiatrist's,
advanced practice
20
psychiatric nurse's,
nurse practitioner's,
or clinical
21
psychologist's clinical observations, other factual
22
information relied upon in reaching a diagnosis, and a
23
statement as to whether the respondent was advised of his or
HB5594
- 2 -
LRB104 19572 KTG 33020 b
1
her rights under Section 3-208.
2
(b) Upon receipt of the petition either with or without a
3
certificate, if the court finds the documents are in order, it
4
may make such orders pursuant to Section 3-753 as are
5
necessary to provide for examination of the respondent. If the
6
petition is not accompanied by
a certificate
2 certificates
7
executed pursuant to Section 3-753, the court may order the
8
respondent to present himself or herself for examination at a
9
time and place designated by the court. If the petition is
10
accompanied by
a certificate
2 certificates
executed pursuant
11
to Section 3-753 and the court finds the documents are in
12
order, the court shall set the matter for hearing.
13
(Source: P.A. 101-587, eff. 1-1-20
.)
14
(405 ILCS 5/3-753)
15
Sec. 3-753.
Examination.
If no certificate was filed, the
16
respondent shall be examined separately by a physician,
17
clinical psychologist, advanced practice psychiatric nurse,
18
nurse practitioner,
or qualified examiner and by a
19
psychiatrist. If a certificate executed by a psychiatrist was
20
filed, the respondent shall be examined by a physician,
21
clinical psychologist, qualified examiner, advanced practice
22
psychiatric nurse,
nurse practitioner,
or psychiatrist. If a
23
certificate executed by a qualified examiner, clinical
24
psychologist, advanced practice psychiatric nurse,
nurse
25
practitioner,
or a physician who is not a psychiatrist was
HB5594
- 3 -
LRB104 19572 KTG 33020 b
1
filed, the respondent shall be examined by a psychiatrist. The
2
examining physician, clinical psychologist, qualified
3
examiner, advanced practice psychiatric nurse,
nurse
4
practitioner,
or psychiatrist may interview by telephone or in
5
person any witnesses or other persons listed in the petition
6
for involuntary admission. If, as a result of an examination,
7
a certificate is executed, the certificate shall be promptly
8
filed with the court. If a certificate is executed, the
9
examining physician, clinical psychologist, qualified
10
examiner, advanced practice psychiatric nurse,
nurse
11
practitioner,
or psychiatrist may also submit for filing with
12
the court a report in which his or her findings are described
13
in detail, and may rely upon such findings for his opinion that
14
the respondent is subject to involuntary admission. Copies of
15
the certificates shall be made available to the attorneys for
16
the parties upon request prior to the hearing.
17
(Source: P.A. 101-587, eff. 1-1-20
.)
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