Illinois General Assembly - Full Text of HB5594

LRB104 19572 KTG 33020 b

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.

A BILL FOR

AN ACT concerning mental 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 Sections 3-752 and 3-753 as follows:

(405 ILCS 5/3-752)

Sec. 3-752. Certificate.

(a) The petition may be accompanied by the certificate of a physician, qualified examiner, psychiatrist, advanced practice psychiatric nurse, nurse practitioner, or clinical psychologist which certifies that the respondent is subject to involuntary admission on an outpatient basis. The certificate shall indicate that the physician, qualified examiner, psychiatrist, advanced practice psychiatric nurse, nurse practitioner, or clinical psychologist personally examined the respondent not more than 72 hours prior to the completion of the certificate. It shall also contain the physician's, qualified examiner's, psychiatrist's, advanced practice psychiatric nurse's, nurse practitioner's, or clinical psychologist's clinical observations, other factual information relied upon in reaching a diagnosis, and a statement as to whether the respondent was advised of his or her rights under Section 3-208.

(b) Upon receipt of the petition either with or without a certificate, if the court finds the documents are in order, it may make such orders pursuant to Section 3-753 as are necessary to provide for examination of the respondent. If the petition is not accompanied by a certificate 2 certificates executed pursuant to Section 3-753, the court may order the respondent to present himself or herself for examination at a time and place designated by the court. If the petition is accompanied by a certificate 2 certificates executed pursuant to Section 3-753 and the court finds the documents are in order, the court shall set the matter for hearing.

(Source: P.A. 101-587, eff. 1-1-20.)

(405 ILCS 5/3-753)

Sec. 3-753. Examination. If no certificate was filed, the respondent shall be examined separately by a physician, clinical psychologist, advanced practice psychiatric nurse, nurse practitioner, or qualified examiner and by a psychiatrist. If a certificate executed by a psychiatrist was filed, the respondent shall be examined by a physician, clinical psychologist, qualified examiner, advanced practice psychiatric nurse, nurse practitioner, or psychiatrist. If a certificate executed by a qualified examiner, clinical psychologist, advanced practice psychiatric nurse, nurse practitioner, or a physician who is not a psychiatrist was filed, the respondent shall be examined by a psychiatrist. The examining physician, clinical psychologist, qualified examiner, advanced practice psychiatric nurse, nurse practitioner, or psychiatrist may interview by telephone or in person any witnesses or other persons listed in the petition for involuntary admission. If, as a result of an examination, a certificate is executed, the certificate shall be promptly filed with the court. If a certificate is executed, the examining physician, clinical psychologist, qualified examiner, advanced practice psychiatric nurse, nurse practitioner, or psychiatrist may also submit for filing with the court a report in which his or her findings are described in detail, and may rely upon such findings for his opinion that the respondent is subject to involuntary admission. Copies of the certificates shall be made available to the attorneys for the parties upon request prior to the hearing.

(Source: P.A. 101-587, eff. 1-1-20.)