HR0007 LRB099 03622 RLC 23630 r
1		HOUSE RESOLUTION
2		WHEREAS, Mental illness is a critical underlying concept in
3		various areas of our law affecting mitigation of criminal
4		responsibility and fundamental rights to property, individual
5		liberty, and personal privacy; and
6		WHEREAS, For at least 2 generations, mental illness has
7		been presumed to be brain disease which is best confronted as a
8		treatable medical problem; and
9		WHEREAS, Vast amounts of State resources and tax monies,
10		not to mention the creative energies and work of our citizens
11		and civil servants, are continuously expended in accordance
12		with Illinois laws and regulations dependent upon derived
13		psychiatric definitions, formulations, and diagnostic criteria
14		for mental disorders, in particular upon those definitions,
15		formulations, and criteria which are found in the American
16		Psychiatric Association's nearly 20-year-old Diagnostic and
17		Statistical Manual of Mental Disorders, Fourth Edition
18		(DSM-IV); and
19		WHEREAS, Some experts in the field of mental health are
20		currently in major and substantial disagreement about methods
21		and standards of psychiatric diagnosis; and

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1		WHEREAS, Despite explicit admonitions in DSM-IV against
2		the use of psychiatric diagnosis for legal purposes such as
3		establishing competence, criminal responsibility or
4		disability, Illinois courts and agencies have nonetheless
5		habitually relied upon the formulations and criteria in the DSM
6		for the precise expertise which the text itself disclaims; and
7		WHEREAS, The Diagnostic and Statistical Manual of Mental
8		Disorders, Fifth Edition (DSM-5) was released for publication
9		in May of 2013, but the changes made in this DSM are provoking
10		intense criticism from a diverse range of mental health
11		experts; and
12		WHEREAS, the DSM-5 is attracting criticism from numerous
13		publications such as the Chicago Tribune, Forbes Magazine, and
14		the Huffington Post, that the new manual may lead to
15		over-diagnosis of new or rare disorders, the loss of access to
16		mental health services by persons whose condition may no longer
17		be recognized, and possible misdiagnosis of autism due to the
18		DSM-5's consideration of autism, Asperger's disorder, and
19		other developmental disorders as a single diagnosis on a
20		spectrum; and
21		WHEREAS, Forbes magazine outlines new disorders being
22		introduced in the DSM-5 which have the potential to result in
23		the over-medication of patients, including Disruptive Mood

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1		Dysregulation Disorder, which requires a child to have at least
2		3 tantrums a week for a one-year period in order to be
3		diagnosed, binge-eating disorder, hoarding disorder, and skin
4		excoriation; and
5		WHEREAS, These examples will now be understood by the DSM-5
6		to be legitimate disorders and therapists treating patients
7		with these symptoms can be reimbursed by insurance companies;
8		and
9		WHEREAS, Due to the changes in such a pivotal mental health
10		diagnostic tool and the volume of critiques being voiced from
11		mental health professionals, it is imperative that we have an
12		open and transparent discussion on the DSM-5 as it relates to
13		the diagnosis of persons with mental disease and disorders;
14		therefore, be it
15		RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE
16		NINETY-NINTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that
17		the Task Force on Mental Health Diagnosis within Illinois Law
18		be created to:
19		(1) thoroughly survey the Illinois Compiled Statutes and
20		Administrative Code to identify all instances where our
21		laws and government functions depend upon purported
22		understanding of mental illness or disorder, mental
23		capacity, mental health, behavior or psychology, which may

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

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1		RESOLVED, That the task force be appointed and hold its
2		first meeting by March 1, 2016; and be it further
3		RESOLVED, That in appointing members of the task force, the
4		Speaker and Minority Leader shall consider that professional
5		experience in diverse mental health-related fields may be a
6		positive qualification; and be it further
7		RESOLVED, That the task force shall take voluntary
8		assistance and testimony from individuals and professional
9		organizations and institutions; and be it further
10		RESOLVED, That the members of the task force shall serve
11		without compensation; and be it further
12		RESOLVED, That the Department of Human Services shall
13		provide staffing and administrative support services to the
14		task force upon request; and be it further
15		RESOLVED, That the task force shall submit its final report
16		to the General Assembly, the Governor, and the Attorney General
17		no later than December 31, 2016.