2023 Illinois Compiled Statutes › Chapter 405 - MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES › 405 ILCS 5/ - Mental Health and Developmental Disabilities Code. › Chapter VI - Miscellaneous Provisions

(405 ILCS 5/Ch. VI heading)
CHAPTER VI
MISCELLANEOUS PROVISIONS
(405 ILCS 5/6-100) (from Ch. 91 1/2, par. 6-100)
Sec. 6-100. 
		
		Judicial proceedings conducted pursuant to this Act shall
be conducted in accordance with the Civil Practice Law, except to the
extent the provisions of this Act indicate to the contrary or are inconsistent,
in which case this Act governs.
(Source: P.A. 82-783.)
(405 ILCS 5/6-101) (from Ch. 91 1/2, par. 6-101)
Sec. 6-101. 
		
		Any person affected by a final administrative decision of
the Department or the Board of Reimbursement Appeals, pursuant to this Act,
may have such decisions reviewed only under and in accordance with
the Administrative Review Law, as now or hereafter amended.
The Administrative Review Law, as amended, and the rules adopted pursuant
thereto, apply to and govern all proceedings for the judicial review of
final administrative decisions of the Department hereunder.  The term
"administrative decision" is defined as in Section 3-101 of the Code of
Civil Procedure.
(Source: P.A. 82-783.)
(405 ILCS 5/6-102) (from Ch. 91 1/2, par. 6-102)
Sec. 6-102. 
		
		Any person who conspires unlawfully to cause, or unlawfully
causes, any person to be adjudicated as subject to involuntary or judicial
admission or as a person under legal disability or to be detained at, or
admitted to any mental health facility or developmental disabilities facility,
or any person who receives or detains a person with mental illness or person
with a developmental disability, contrary to this Act, or any person who
maltreats a person with mental illness or person with a developmental
disability, or any person who knowingly aids, abets or assists or encourages a
person with mental illness or person with a developmental disability to be
absent without permission from any facility or custodian in which or by whom
such person is lawfully detained, or any person who violates any provision
contained in this Act or rule or regulation of the Department issued under this
Act commits a Class A misdemeanor.
(Source: P.A. 88-380.)
(405 ILCS 5/6-103) (from Ch. 91 1/2, par. 6-103)
Sec. 6-103. 
		
		(a) All persons acting in good faith and without negligence in
connection with the preparation of applications, petitions, certificates
or other documents, for the apprehension, transportation, examination,
treatment, habilitation, detention or discharge of an individual under the
provisions of this Act incur no liability, civil or criminal, by reason of
such acts.
(b) There shall be no liability on the part of, and no cause of action
shall arise against, any person who is a physician, clinical psychologist,
or qualified examiner based upon that person's failure to warn of and
protect from a recipient's threatened or actual violent behavior except where
the recipient has communicated to the person a serious threat of physical
violence against a reasonably identifiable victim or victims. Nothing in
this Section shall relieve any employee or director of any residential
mental health or developmental disabilities facility from any duty he may
have to protect the residents of such a facility from any other resident.
(c) Any duty which any person may owe to anyone other than a resident
of a mental health and developmental disabilities facility shall be
discharged by that person making a reasonable effort to communicate the
threat to the victim and to a law enforcement agency, or by a reasonable
effort to obtain the hospitalization of the recipient.
(d) An act of omission or commission by a peace officer acting
in good faith in rendering emergency assistance or otherwise enforcing this
Code does not impose civil liability on the peace officer or his or
her supervisor or employer unless the act is a result of willful or wanton
misconduct.
(Source: P.A. 91-726, eff. 6-2-00.)
(405 ILCS 5/6-103.1)
Sec. 6-103.1. Adjudication as a person with a mental disability. When a person has been adjudicated as a person with a mental disability as defined in Section 1.1 of the Firearm Owners Identification Card Act, including, but not limited to, an adjudication as a person with a disability as defined in Section 11a-2 of the Probate Act of 1975, the court shall direct
the circuit court clerk to notify the
Illinois State Police, Firearm Owner's Identification
(FOID) Office, in a form and manner prescribed by the Illinois State Police, and shall forward a copy of the court order to the Department no later than 7 days after the entry of the order.  Upon receipt of the order, the Illinois State Police shall provide notification to the National Instant Criminal Background Check System.
(Source: P.A. 102-538, eff. 8-20-21.)
(405 ILCS 5/6-103.2)
Sec. 6-103.2. Developmental disability; notice. If a person 14 years old or older is determined to be a person with a developmental disability  by a physician, clinical psychologist, or qualified examiner, the physician, clinical psychologist, or qualified examiner shall notify the Department of Human Services within 7 days of making the determination that the person has a developmental disability.  The Department of Human Services shall immediately update its records and information relating to mental health and developmental disabilities, and  if appropriate, shall notify the Illinois State Police in a form and manner prescribed by the Illinois State Police.  Information disclosed under this Section shall remain privileged and confidential, and shall not be redisclosed, except as required under subsection (e) of Section 3.1 of the Firearm Owners Identification Card Act, nor used for any other purpose. The method of providing this  information shall guarantee that the information is not released beyond that which is necessary for the purpose of this Section and shall be provided by rule by the Department of Human Services. The identity of the person reporting under this Section shall not be disclosed to the subject of the report.
The physician, clinical psychologist, or qualified examiner making the determination and his or her employer may not be held criminally, civilly, or professionally liable for making or not making the notification required under this Section, except for willful or wanton misconduct.
For purposes of this Section, "developmental disability" means a disability which is attributable to any other condition which results in impairment similar to that caused by an intellectual disability and which requires services similar to those required by intellectually disabled persons. The disability must originate before the age of 18 years, be expected to continue indefinitely, and constitute a substantial disability. This disability results, in the professional opinion of a physician, clinical psychologist, or qualified examiner, in significant functional limitations in 3 or more of the following areas of major life activity:
(i) self-care;
(ii) receptive and expressive language;
(iii) learning;
(iv) mobility; or
(v) self-direction.
"Determined to be a person with a developmental disability by a physician, clinical psychologist, or qualified examiner" means in the professional opinion of the physician, clinical psychologist, or qualified examiner, a person is diagnosed, assessed, or evaluated as having a developmental disability.
(Source: P.A. 102-538, eff. 8-20-21.)
(405 ILCS 5/6-103.3)
Sec. 6-103.3. Clear and present danger; notice. If a person is determined to pose a clear and present danger to himself, herself, or to others by a physician, clinical psychologist, or qualified examiner, whether employed by the State, by any public or private mental health facility or part thereof, or by a law enforcement official or a school administrator, then the physician, clinical psychologist, qualified examiner shall notify the Department of Human Services and a law enforcement official or school administrator shall notify the Illinois State Police, within 24 hours of making the determination that the person poses a clear and present danger. The Department of Human Services shall immediately update its records and information relating to mental health and developmental disabilities, and if appropriate, shall notify the Illinois State Police in a form and manner prescribed by the Illinois State Police.  Information disclosed under this Section shall remain privileged and confidential, and shall not be redisclosed, except as required under subsection (e) of Section 3.1 of the Firearm Owners Identification Card Act, nor used for any other purpose. The method of providing this information shall guarantee that the information is not released beyond that which is necessary for the purpose of this Section and shall be provided by rule by the Department of Human Services.  The identity of the person reporting under this Section shall not be disclosed to the subject of the report. The physician, clinical psychologist, qualified examiner, law enforcement official, or school administrator making the determination and his or her employer shall not be held criminally, civilly, or professionally liable for making or not making the notification required under this Section, except for willful or wanton misconduct. This Section does not apply to a law enforcement official, if  making the notification under this Section will interfere with an ongoing or pending criminal investigation.
For the purposes of this Section:
"Clear and present danger" has the meaning ascribed     to it in Section 1.1 of the Firearm Owners Identification Card Act.
"Determined to pose a clear and present danger to     himself, herself, or to others by a physician, clinical psychologist, or qualified examiner" means in the professional opinion of the physician, clinical psychologist, or qualified examiner, a person poses a clear and present danger.
"School administrator" means the person required to     report under the School Administrator Reporting of Mental Health Clear and Present Danger Determinations Law.
(Source: P.A. 102-538, eff. 8-20-21.)
(405 ILCS 5/6-104) (from Ch. 91 1/2, par. 6-104)
Sec. 6-104. 
		
		Unless otherwise specifically provided elsewhere by law, nothing
contained in this Act or in any Act amendatory thereof affects or impairs
the validity of any act done or right accruing, accrued, acquired,
or any order, judgment or status established prior to the enactment of this
Act or prior to the enactment of any Act amendatory thereof, and, as to
any persons admitted or committed pursuant to any Act in effect prior to
the effective date of this Act, the provisions of any such prior Act shall
continue to govern, except where there are express provisions in this Act relating
to such persons.
(Source: P.A. 80-1414.)
(405 ILCS 5/6-104.3)
Sec. 6-104.3. Comparable programs for the services contained
in the Specialized Mental Health Rehabilitation Act of 2013. The Division of Mental Health of the Department of Human
Services shall oversee the creation of comparable programs for
the services contained in the Specialized Mental Health
Rehabilitation Act of 2013 for community-based providers to
provide the following services:
(1) triage center;
(2) crisis stabilization; and
(3) transitional living.
These comparable programs shall operate under the
regulations that may currently exist for such programs, or, if
no such regulations are in existence, regulations shall be
created. The comparable programs shall be provided through a
managed care entity, a coordinated care entity, or an
accountable care entity. The Department shall work in concert
with any managed care entity, care coordination entity, or
accountable care entity to gather the data necessary to report
and monitor the progress of the services offered under this
Section. The services to be provided under this Section shall
be subject to a specific appropriation of the General Assembly
for the specific purposes of this Section.
The Department shall adopt any emergency rules necessary to
implement this Section.
(Source: P.A. 98-104, eff. 7-22-13.)
(405 ILCS 5/6-105) (from Ch. 91 1/2, par. 6-105)
Sec. 6-105. 
		
		The provisions for repeal contained in this Act do not in
any way affect an offense committed, an act done, a penalty, punishment
or forfeiture incurred, or a claim, right, power or remedy accrued under
any law in force prior to the effective date of this Act.
(Source: P.A. 80-1414.)
(405 ILCS 5/6-106) (from Ch. 91 1/2, par. 6-106)
Sec. 6-106. 
		
		The "Mental Health Code of 1967", approved August 14, 1967,
as amended, is repealed.
(Source: P.A. 80-1414.)
(405 ILCS 5/6-107) (from Ch. 91 1/2, par. 6-107)
Sec. 6-107. 
		This Act takes effect January 1, 1979.
(Source: P.A. 80-1414.)