HR0007 99TH GENERAL ASSEMBLY

HR0007 LRB099 03622 RLC 23630 r

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

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, The Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition (DSM-5) was released for publication in May of 2013, but the changes made in this DSM are provoking intense criticism from a diverse range of mental health experts; and

WHEREAS, the DSM-5 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-5'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-5 which have the potential to result in the over-medication of patients, including Disruptive Mood 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-5 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-NINTH 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 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

RESOLVED, That the task force be appointed and hold its first meeting by March 1, 2016; 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, 2016.