summary
Introduced
02/06/2025
02/06/2025
In Committee
03/21/2025
03/21/2025
Crossed Over
Passed
Dead
Introduced Session
Potential new amendment
104th General Assembly
Bill Summary
Amends the Firearm Owners Identification Card Act. Provides that in cases in which a person who has had his or her Firearm Owner's Identification Card revoked or denied because he or she was a patient in a mental health facility and who has received a mental health evaluation by a physician, clinical psychologist, or qualified examiner as those terms are defined in the Mental Health and Developmental Disabilities Code, and has received a certification that he or she is not a clear and present danger to himself, herself, or others to receive a restoration of his or her right to obtain a Firearm Owner's Identification Card shall provide all collateral records to the physician, clinical psychologist, or qualified examiner making the certification and the person shall attest, by signature, that all collateral records have been provided to the evaluator prior to the mental health evaluation. In the definitions of "clinical psychologist", "physician", and "qualified examiner", provides that these persons conducting the mental health examinations shall be up to date on their continuing education and must possess a valid certification from the Department of Financial and Professional Regulation. Amends the Mental Health and Developmental Disabilities Confidentiality Act. Provides that an investigator or attorney employed by the Department of Financial and Professional Regulation investigating any provider of mental health or developmental disabilities services who is a licensee of the Department shall be entitled to inspect and copy a recipient record or any part thereof upon the presentation of a Department subpoena. Provides that a subpoena for records issued to a federally assisted substance use disorder program must be accompanied by a court order if required by 42 CFR 2.66. Provides that the Department of Human Services shall notify recipients upon receiving records obtained via subpoena. Nothing in this Act prohibits the use of a recipients records in an administrative proceeding conducted by the Department. Amends various Acts to make conforming changes.
AI Summary
This bill amends several professional licensing acts and the Firearm Owners Identification Card Act to establish new requirements for mental health professionals who conduct mental health evaluations for firearm ownership. The bill requires clinical psychologists, social workers, marriage and family therapists, physicians, nurses, and professional counselors who perform mental health evaluations for Firearm Owner's Identification (FOID) Card restoration to complete 6 hours of specialized continuing education per license year. This education must cover topics such as firearm safety, the FOID Card Act, safe firearm storage, risks associated with firearms for individuals posing a clear and present danger, and how to alert law enforcement about potentially dangerous firearm owners. Professionals must obtain a certification from their licensing department to conduct these evaluations, and those without certification will be prohibited from performing such assessments. The bill also requires individuals seeking FOID Card restoration after mental health treatment to provide all collateral records to their evaluating professional and attest to the completeness of these records. Additionally, the legislation allows investigators from the Department of Financial and Professional Regulation to access mental health records via subpoena when investigating licensed mental health service providers, with specific provisions for federally assisted substance use disorder programs. The overall aim is to enhance public safety by ensuring thorough and informed mental health evaluations in the context of firearm ownership.
Committee Categories
Justice
Sponsors (1)
Last Action
House Committee Amendment No. 2 Rule 19(c) / Re-referred to Rules Committee (on 03/21/2025)
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.ilga.gov/legislation/BillStatus.asp?DocNum=3157&GAID=18&DocTypeID=HB&SessionID=114&GA=104 |
| House Amendment 002 | https://www.ilga.gov/legislation/104/HB/10400HB3157ham002.htm |
| House Amendment 001 | https://www.ilga.gov/legislation/104/HB/10400HB3157ham001.htm |
| BillText | https://www.ilga.gov/legislation/104/HB/10400HB3157.htm |
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