Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 150 - MENTAL HEALTH REPORTING FOR FIREARM OWNER'S IDENTIFICATION CARD › Subpart A - GENERAL PROVISIONS › Section 150.30 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
For the purposes of this Part, the following terms are
				  defined:
"Adjudicated a mentally disabled person" - The person is the
				  subject of a determination by a court, board, commission or other lawful
				  authority that the person, as a result of marked subnormal intelligence, mental
				  illness, mental impairment, incompetency, condition or disease:
presents a clear and present danger to himself, herself or
				  others;
lacks the mental capacity to manage his or her own affairs or
				  is adjudicated a disabled person as defined in Section 11a-2 of the Probate Act
				  of 1975 [755 ILCS 5 ];
is not guilty in a criminal case by reason of insanity,
				  mental disease or defect as provided in Section 5-2-4 of the Unified Code of
				  Corrections [730 ILCS 5 ];
is guilty but mentally ill, as provided in Section 5-2-6 of
				  the Unified Code of Corrections;
is incompetent to stand trial in a criminal case as provided
				  in Article 104 of the Code of Criminal Procedure [725 ILCS 5 ];
is not guilty by reason of lack of mental responsibility
				  pursuant to Articles 50a and 72b of the Uniform Code of Military Justice (
				  10 USC
				  850 a and 876b );
is a sexually violent person under Section 5(f) of the
				  Sexually Violent Persons Commitment Act [725 ILCS 207 ];
has been found to be a sexually dangerous person under the
				  Sexually Dangerous Persons Act [725 ILCS 205 ];
is unfit to stand trial under the Juvenile Court Act of 1987
				  [705 ILCS 405 ];
is not guilty by reason of insanity under the Juvenile Court
				  Act of 1987;
is subject to involuntary admission as an inpatient as
				  defined in Section 1-119 of the Mental Health and Development Disabilities Code
				  [405 ILCS 5 ];
is subject to involuntary admissions as an outpatient as
				  defined in Section 1-119.1 of the Mental Health and Developmental Disabilities
				  Code;
is subject to judicial admission as set forth in Section
				  4-500 of the Mental Health and Developmental Disabilities Code; or
is subject to the provisions of the Interstate Agreements on
				  Sexually Dangerous Persons Act [45 ILCS 20 ] (see Section
				  1.1 of the FOID
				  Act).
"Clear and present danger" - a person who:
communicates a serious threat of physical violence against a
				  reasonably identifiable victim or poses a clear and imminent risk of serious
				  physical injury to himself, herself or another person as determined by a
				  clinician; or
demonstrates threatening physical or verbal behavior, such as
				  violent, suicidal or assaultive threats, actions or other behavior, as
				  determined by a clinician, school administrator or law enforcement official
				  (see Section
				  1.1 of the FOID
				  Act).
"Clinical psychologist" - a person licensed by the Illinois
				  Department of Financial and Professional Regulation under the Clinical
				  Psychologist Licensing Act [225 ILCS 15 ] (see
				  405 ILCS
				  5/1-103 ).
"Clinical social worker" - a person who:
has a master's or doctoral degree in social work from an
				  accredited graduate school of social work; and
has at least 3 years of supervised postmaster's clinical
				  social work practice that shall include the provision of mental health services
				  for the evaluation, treatment and prevention of mental and emotional disorders
				  (see
				  405 ILCS
				  5/1-122.1).
"Clinician"- a physician, psychiatrist, clinical psychologist
				  or qualified examiner.
"Confidentiality Act" - the Mental Health and Developmental
				  Disabilities Confidentiality Act [740 ILCS 110 ].
"Determined" - the mandated reporter has completed a formal
				  structured evaluation and/or assessment that, in his or her clinical judgment,
				  supports the diagnosis of developmentally disabled and/or intellectual
				  disability.
"Developmentally disabled" - a person with a disability that
				  is attributable to any other condition that results in impairment similar to
				  that caused by an intellectual disability and that 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 handicap (see Section
				  1.1 of the FOID Act). This
				  can include an intellectual disability, autism, cerebral palsy and
				  epilepsy.
"DHS" - the Illinois Department of Human Services.
"DPH" - the Illinois Department of Public Health.
"FOID Act" - the Firearm Owner's Identification Card Act [430
				  ILCS 65 ].
"Intellectual disability" - significantly subaverage general
				  intellectual functioning that exists concurrently with impairment in adaptive
				  behavior and that originates before the age of 18 years.
"Involuntarily admitted" - has the meaning prescribed in
				  Sections 1-119 and 1-119.1 of the MHDD Code (see Section
				  1.1 of the FOID
				  Act).
"MHDD Code" - the Mental Health and Developmental
				  Disabilities Code [405 ILCS 5].
"Mental health facility" - any licensed private hospital or
				  hospital affiliate, institution or facility, or part thereof, and any facility,
				  or part thereof, operated by the State or a political subdivision thereof that
				  provides treatment of persons with mental illness and includes all hospitals,
				  institutions, clinics, evaluation facilities, mental health centers, colleges,
				  universities, long-term care facilities, and nursing homes, or parts thereof,
				  that provides treatment of persons with mental illness whether or not the
				  primary purpose is to provide treatment of persons with mental illness (see
				  Section
				  1.1 of the FOID Act). For
				  purposes of this Part, an inpatient mental health facility includes:
State-operated mental health facility as described in Section
				  4 of the Mental Health and Developmental Disabilities Administrative Act [20
				  ILCS 1705 ];
Psychiatric hospital as authorized by DPH;
The specific units of a general hospital providing
				  psychiatric services as authorized by DPH; and
Residential settings. Residential settings include:
Nursing homes or long-term care facilities that are
				  considered Institutes for Mental Disease as that term is described in section
				  1905(i) of Title XIX of the Social Security Act (
				  42 USC
				  1396 d (i));
The specific units of a nursing home or long-term care
				  facility authorized by DPH to provide psychiatric or behavioral
				  healthcare;
The specific units of a nursing home or long-term care
				  facility held out by the facility as providing psychiatric or behavioral health
				  care;
Specialized Mental Health Rehabilitation Facilities as
				  described in the Specialized Mental Health Rehabilitation Act of 2013 [210 ILCS
				  49 ]; and
A supervised transitional residential program funded by the
				  DHS Division of Mental Health (DHS-DMH) when that level of service has been
				  determined to be medically necessary as that term is defined by 59 Ill. Adm.
				  Code 132.
For the purposes of this Part, an outpatient mental health
				  facility includes:
A community mental health agency;
A general hospital that does not provide inpatient
				  psychiatric care;
A general hospital emergency department;
The portions of a psychiatric hospital (or general hospital
				  with psychiatric services) that do not provide inpatient psychiatric
				  services;
A nursing home or long-term care facility that does not
				  provide inpatient psychiatric care;
A health counseling center or health clinic operated by a
				  college or university;
A clinic.
It is possible for a facility to qualify as both an inpatient
				  and outpatient mental health facility.
"National Instant Criminal Background Check System" or "NICS"
				  - the system that a federal firearm licensee must, with limited exceptions,
				  contact for information on whether receipt of a firearm by a person who is not
				  licensed under
				  18 USC
				  923 would violate federal or State law (
				  28
				  CFR 25.2 ).
"Patient" -
a person who voluntarily receives mental health treatment as
				  an inpatient or resident of any public or private mental health facility,
				  unless the treatment was solely for an alcohol abuse disorder and no other
				  secondary substance abuse disorder or mental illness; or
a person who voluntarily receives mental health treatment as
				  an outpatient or is provided services by a public or private mental health
				  facility, and who poses a clear and present danger to himself, herself or
				  others (see Section
				  1.1 of the FOID
				  Act).
For the purposes of this Part, a person is considered to
				  voluntarily receive mental health services on an inpatient basis if the person
				  is admitted:
On a voluntary basis as that term is used in Article IV of
				  Chapter III of the MHDD Code;
On an informal basis as that term is used in Section 3-300 of
				  the MHDD Code;
As a juvenile under the provisions of Article V of Chapter
				  III of the MHDD Code;
On a petition, or a petition and one or more certificates, as
				  described in Article VI, VII or VII-A of Chapter III of the MHDD Code;
				  or
On a court order for detention and examination under the
				  provisions of Section 3-607 of the MHDD Code.
"Physician" - any person licensed by the State of Illinois to
				  practice medicine in all its branches and includes any person holding a
				  temporary license, as provided in the Medical Practice Act of 1987 [225 ILCS 60
				  ]. Physician includes a psychiatrist as defined in this Section [405 ILCS
				  5/1-120 ].
"Psychiatrist" - a physician as defined in this Section who
				  has successfully completed a residency program in psychiatry accredited by
				  either the Accreditation Council for Graduate Medical Education (
www.acgme.org
) or the American Osteopathic
				  Association (
www.osteopathic.org
)
				  [405 ILCS
				  5/1-121 ].
"Qualified examiner" - a person who is:
A clinical social worker as defined in this Part;
A registered nurse with a master's degree in psychiatric
				  nursing who has 3 years of clinical training and experience in the evaluation
				  and treatment of mental illness that has been acquired subsequent to any
				  training and experience that constituted a part of the degree program;
A licensed clinical professional counselor with a master's or
				  doctoral degree in counseling or psychology or a similar master's or doctorate
				  program from a regionally accredited institution who has at least 3 years of
				  supervised post-master's clinical professional counseling experience that
				  includes the provision of mental health services for the evaluation, treatment
				  and prevention of mental and emotional disorders; or
A licensed marriage and family therapist with a master's or
				  doctoral degree in marriage and family therapy from a regionally accredited
				  educational institution or a similar master's program or from a program
				  accredited by either the Commission on Accreditation for Marriage and Family
				  Therapy Education
http://www.aamft.org/imis15/content/coamfte/About_COAMFTE.aspx
)
				  or the Council for Accreditation of Counseling & Related Educational
				  Programs (
www.cacrep.org
), who has at least
				  3 years of supervised post-master's experience as a marriage and family
				  therapist that includes the provisions of mental health services for the
				  evaluation, treatment and prevention of mental and emotional disorders.
A social worker who is a qualified examiner shall be a
				  licensed clinical social worker under the Clinical Social Work and Social Work
				  Practice Act [225 ILCS 20 ] (see
				  405 ILCS
				  5/1-122 ).