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90_HB1694
40 ILCS 5/3-115 from Ch. 108 1/2, par. 3-115
755 ILCS 5/11a-9 from Ch. 110 1/2, par. 11a-9
Amends the Downstate Police Article of the Pension Code
in relation to proof of disability. Provides that if the
disability is psychiatric, psychological, or emotional in
nature, the board may select a practicing clinical
psychologist rather than a practicing physician to certify
the disability or perform the annual examination. Amends the
Probate Act of 1975 in relation to the report required to
accompany a petition for adjudication of disability and
appointment of a guardian. Allows the report to be signed by
a licensed clinical psychologist rather than a physician.
LRB9003929EGfg
LRB9003929EGfg
1 AN ACT in relation to clinical psychologists, amending
2 named Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Pension Code is amended by
6 changing Section 3-115 as follows:
7 (40 ILCS 5/3-115) (from Ch. 108 1/2, par. 3-115)
8 Sec. 3-115. Certificate of disability. A disability
9 pension shall not be paid unless there is filed with the
10 board certificates of the police officer's disability,
11 subscribed and sworn to by the police officer if not under
12 legal disability, or by a representative if the officer is
13 under legal disability, and by the police surgeon (if there
14 be one) and 3 practicing physicians selected by the board.
15 The board may require other evidence of disability.
16 Medical examination of a police officer retired for
17 disability shall be made at least once each year prior to
18 attainment of age 50, as verification of the continuance of
19 disability for service as a police officer. No examination
20 shall be required after age 50.
21 If the disability is psychiatric, psychological, or
22 emotional in nature, the board may select a practicing
23 clinical psychologist rather than a practicing physician to
24 certify the disability or perform the annual examination.
25 (Source: P.A. 83-1440.)
26 Section 10. The Probate Act of 1975 is amended by
27 changing Section 11a-9 as follows:
28 (755 ILCS 5/11a-9) (from Ch. 110 1/2, par. 11a-9)
29 Sec. 11a-9. Report.)
-2- LRB9003929EGfg
1 (a) The petition for adjudication of disability and for
2 appointment of a guardian should be accompanied by a report
3 which contains (1) a description of the nature and type of
4 the respondent's disability and an assessment of how the
5 disability impacts on the ability of the respondent to make
6 decisions or to function independently; (2) an analysis and
7 results of evaluations of the respondent's mental and
8 physical condition and, where appropriate, educational
9 condition, adaptive behavior and social skills, which have
10 been performed within 3 months of the date of the filing of
11 the petition; (3) an opinion as to whether guardianship is
12 needed, the type and scope of the guardianship needed, and
13 the reasons therefor; (4) a recommendation as to the most
14 suitable living arrangement and, where appropriate, treatment
15 or habilitation plan for the respondent and the reasons
16 therefor; (5) the signatures of all persons who performed the
17 evaluations upon which the report is based, one of whom shall
18 be a licensed physician or a licensed clinical psychologist,
19 and a statement of the certification, license, or other
20 credentials that qualify the evaluators who prepared the
21 report.
22 (b) If for any reason no report accompanies the
23 petition, the court shall order appropriate evaluations to be
24 performed by a qualified person or persons and a report
25 prepared and filed with the court at least 10 days prior to
26 the hearing.
27 (c) Unless the court otherwise directs, any report
28 prepared pursuant to this Section shall not be made part of
29 the public record of the proceedings but shall be available
30 to the court or an appellate court in which the proceedings
31 are subject to review, to the respondent, the petitioner, the
32 guardian, and their attorneys, to the respondent's guardian
33 ad litem, and to such other persons as the court may direct.
34 (Source: P.A. 89-396, eff. 8-20-95.)