HB3078 Engrossed LRB104 10923 KTG 21005 b
1		AN ACT concerning mental health.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 5. The Department of Human Services Act is amended
5		by changing Sections 1-17 and 10-8 as follows:
6		(20 ILCS 1305/1-17)
7		Sec. 1-17. Inspector General.
8		(a) Nature and purpose. It is the express intent of the
9		General Assembly to ensure the health, safety, and financial
10		condition of individuals receiving services in this State due
11		to mental illness, developmental disability, or both by
12		protecting those persons from acts of abuse, neglect, or both
13		by service providers. To that end, the Office of the Inspector
14		General for the Department of Human Services is created to
15		investigate and report upon allegations of the abuse, neglect,
16		or financial exploitation of individuals receiving services
17		within mental health facilities, developmental disabilities
18		facilities, and community agencies operated, licensed, funded,
19		or certified by the Department of Human Services, but not
20		licensed or certified by any other State agency.
21		(b) Definitions. The following definitions apply to this
22		Section:
23		"Agency" or "community agency" means (i) a community

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1		agency licensed, funded, or certified by the Department, but
2		not licensed or certified by any other human services agency
3		of the State, to provide mental health service or
4		developmental disabilities service, or (ii) a program
5		licensed, funded, or certified by the Department, but not
6		licensed or certified by any other human services agency of
7		the State, to provide mental health service or developmental
8		disabilities service.
9		"Aggravating circumstance" means a factor that is
10		attendant to a finding and that tends to compound or increase
11		the culpability of the accused.
12		"Allegation" means an assertion, complaint, suspicion, or
13		incident involving any of the following conduct by an
14		employee, facility, or agency against an individual or
15		individuals: mental abuse, physical abuse, sexual abuse,
16		neglect, financial exploitation, or material obstruction of an
17		investigation.
18		"Day" means working day, unless otherwise specified.
19		"Deflection" means a situation in which an individual is
20		presented for admission to a facility or agency, and the
21		facility staff or agency staff do not admit the individual.
22		"Deflection" includes triage, redirection, and denial of
23		admission.
24		"Department" means the Department of Human Services.
25		"Developmental disability" means "developmental
26		disability" as defined in the Mental Health and Developmental

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1		Disabilities Code.
2		"Egregious neglect" means a finding of neglect as
3		determined by the Inspector General that (i) represents a
4		gross failure to adequately provide for, or a callused
5		indifference to, the health, safety, or medical needs of an
6		individual and (ii) results in an individual's death or other
7		serious deterioration of an individual's physical condition or
8		mental condition.
9		"Employee" means any person who provides services at the
10		facility or agency on-site or off-site. The service
11		relationship can be with the individual or with the facility
12		or agency. Also, "employee" includes any employee or
13		contractual agent of the Department of Human Services or the
14		community agency involved in providing or monitoring or
15		administering mental health or developmental disability
16		services. This includes but is not limited to: owners,
17		operators, payroll personnel, contractors, subcontractors, and
18		volunteers.
19		"Facility" or "State-operated facility" means a mental
20		health facility or developmental disabilities facility
21		operated by the Department.
22		"Financial exploitation" means taking unjust advantage of
23		an individual's assets, property, or financial resources
24		through deception, intimidation, or conversion for the
25		employee's, facility's, or agency's own advantage or benefit.
26		"Finding" means the Office of Inspector General's

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1		determination regarding whether an allegation is
2		substantiated, unsubstantiated, or unfounded.
3		"Health Care Worker Registry" or "Registry" means the
4		Health Care Worker Registry under the Health Care Worker
5		Background Check Act.
6		"Individual" means any person receiving mental health
7		service, developmental disabilities service, or both from a
8		facility or agency, while either on-site or off-site.
9		"Material obstruction of an investigation" means the
10		purposeful interference with an investigation of physical
11		abuse, sexual abuse, mental abuse, neglect, or financial
12		exploitation and includes, but is not limited to, the
13		withholding or altering of documentation or recorded evidence;
14		influencing, threatening, or impeding witness testimony;
15		presenting untruthful information during an interview; failing
16		to cooperate with an investigation conducted by the Office of
17		the Inspector General. If an employee, following a criminal
18		investigation of physical abuse, sexual abuse, mental abuse,
19		neglect, or financial exploitation, is convicted of an offense
20		that is factually predicated on the employee presenting
21		untruthful information during the course of the investigation,
22		that offense constitutes obstruction of an investigation.
23		Obstruction of an investigation does not include: an
24		employee's lawful exercising of his or her constitutional
25		right against self-incrimination, an employee invoking his or
26		her lawful rights to union representation as provided by a

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1		collective bargaining agreement or the Illinois Public Labor
2		Relations Act, or a union representative's lawful activities
3		providing representation under a collective bargaining
4		agreement or the Illinois Public Labor Relations Act.
5		Obstruction of an investigation is considered material when it
6		could significantly impair an investigator's ability to gather
7		all relevant facts. An employee shall not be placed on the
8		Health Care Worker Registry for presenting untruthful
9		information during an interview conducted by the Office of the
10		Inspector General, unless, prior to the interview, the
11		employee was provided with any previous signed statements he
12		or she made during the course of the investigation.
13		"Mental abuse" means the use of demeaning, intimidating,
14		or threatening words, signs, gestures, or other actions by an
15		employee about an individual and in the presence of an
16		individual or individuals that results in emotional distress
17		or maladaptive behavior, or could have resulted in emotional
18		distress or maladaptive behavior, for any individual present.
19		"Mental illness" means "mental illness" as defined in the
20		Mental Health and Developmental Disabilities Code.
21		"Mentally ill" means having a mental illness.
22		"Mitigating circumstance" means a condition that (i) is
23		attendant to a finding, (ii) does not excuse or justify the
24		conduct in question, but (iii) may be considered in evaluating
25		the severity of the conduct, the culpability of the accused,
26		or both the severity of the conduct and the culpability of the

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1		accused.
2		"Neglect" means an employee's, agency's, or facility's
3		failure to provide adequate medical care, personal care, or
4		maintenance and that, as a consequence, (i) causes an
5		individual pain, injury, or emotional distress, (ii) results
6		in either an individual's maladaptive behavior or the
7		deterioration of an individual's physical condition or mental
8		condition, or (iii) places the individual's health or safety
9		at substantial risk.
10		"Person with a developmental disability" means a person
11		having a developmental disability.
12		"Physical abuse" means an employee's non-accidental and
13		inappropriate contact with an individual that causes bodily
14		harm. "Physical abuse" includes actions that cause bodily harm
15		as a result of an employee directing an individual or person to
16		physically abuse another individual.
17		"Presenting untruthful information" means making a false
18		statement, material to an investigation of physical abuse,
19		sexual abuse, mental abuse, neglect, or financial
20		exploitation, knowing the statement is false.
21		"Recommendation" means an admonition, separate from a
22		finding, that requires action by the facility, agency, or
23		Department to correct a systemic issue, problem, or deficiency
24		identified during an investigation. "Recommendation" can also
25		mean an admonition to correct a systemic issue, problem or
26		deficiency during a review.

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1		"Required reporter" means any employee who suspects,
2		witnesses, or is informed of an allegation of any one or more
3		of the following: mental abuse, physical abuse, sexual abuse,
4		neglect, or financial exploitation.
5		"Secretary" means the Chief Administrative Officer of the
6		Department.
7		"Sexual abuse" means any sexual contact or intimate
8		physical contact between an employee and an individual,
9		including an employee's coercion or encouragement of an
10		individual to engage in sexual behavior that results in sexual
11		contact, intimate physical contact, sexual behavior, or
12		intimate physical behavior. Sexual abuse also includes (i) an
13		employee's actions that result in the sending or showing of
14		sexually explicit images to an individual via computer,
15		cellular phone, electronic mail, portable electronic device,
16		or other media with or without contact with the individual or
17		(ii) an employee's posting of sexually explicit images of an
18		individual online or elsewhere whether or not there is contact
19		with the individual.
20		"Sexually explicit images" includes, but is not limited
21		to, any material which depicts nudity, sexual conduct, or
22		sado-masochistic abuse, or which contains explicit and
23		detailed verbal descriptions or narrative accounts of sexual
24		excitement, sexual conduct, or sado-masochistic abuse.
25		"Substantiated" means there is a preponderance of the
26		evidence to support the allegation.

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1		"Unfounded" means there is no credible evidence to support
2		the allegation.
3		"Unsubstantiated" means there is credible evidence, but
4		less than a preponderance of evidence to support the
5		allegation.
6		(c) Appointment. The Governor shall appoint, and the
7		Senate shall confirm, an Inspector General. The Inspector
8		General shall be appointed for a term of 4 years and shall
9		function within the Department of Human Services and report to
10		the Secretary and the Governor.
11		(d) Operation and appropriation. The Inspector General
12		shall function independently within the Department with
13		respect to the operations of the Office, including the
14		performance of investigations and issuance of findings and
15		recommendations and the performance of site visits and reviews
16		of facilities and community agencies. The appropriation for
17		the Office of Inspector General shall be separate from the
18		overall appropriation for the Department.
19		(e) Powers and duties. The Inspector General shall
20		investigate reports of suspected mental abuse, physical abuse,
21		sexual abuse, neglect, or financial exploitation of
22		individuals in any mental health or developmental disabilities
23		facility or agency and shall have authority to take immediate
24		action to prevent any one or more of the following from
25		happening to individuals under its jurisdiction: mental abuse,
26		physical abuse, sexual abuse, neglect, or financial

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1		exploitation. The Inspector General shall also investigate
2		allegations of material obstruction of an investigation by an
3		employee. Upon written request of an agency of this State, the
4		Inspector General may assist another agency of the State in
5		investigating reports of the abuse, neglect, or abuse and
6		neglect of persons with mental illness, persons with
7		developmental disabilities, or persons with both. The
8		Inspector General shall conduct annual site visits of each
9		facility and may conduct reviews of facilities and community
10		agencies. To comply with the requirements of subsection (k) of
11		this Section, the Inspector General shall also review all
12		reportable deaths for which there is no allegation of abuse or
13		neglect. Nothing in this Section shall preempt any duties of
14		the Medical Review Board set forth in the Mental Health and
15		Developmental Disabilities Code. The Inspector General shall
16		have no authority to investigate alleged violations of the
17		State Officials and Employees Ethics Act. Allegations of
18		misconduct under the State Officials and Employees Ethics Act
19		shall be referred to the Office of the Governor's Executive
20		Inspector General for investigation.
21		(f) Limitations. The Inspector General shall not conduct
22		an investigation within an agency or facility if that
23		investigation would be redundant to or interfere with an
24		investigation conducted by another State agency. The Inspector
25		General shall have no supervision over, or involvement in, the
26		routine programmatic, licensing, funding, or certification

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1		operations of the Department. Nothing in this subsection
2		limits investigations by the Department that may otherwise be
3		required by law or that may be necessary in the Department's
4		capacity as central administrative authority responsible for
5		the operation of the State's mental health and developmental
6		disabilities facilities.
7		(g) Rulemaking authority. The Inspector General shall
8		promulgate rules establishing minimum requirements for
9		reporting allegations as well as for initiating, conducting,
10		and completing investigations based upon the nature of the
11		allegation or allegations. The rules shall clearly establish
12		that if 2 or more State agencies could investigate an
13		allegation, the Inspector General shall not conduct an
14		investigation that would be redundant to, or interfere with,
15		an investigation conducted by another State agency. The rules
16		shall further clarify the method and circumstances under which
17		the Office of Inspector General may interact with the
18		licensing, funding, or certification units of the Department
19		in preventing further occurrences of mental abuse, physical
20		abuse, sexual abuse, neglect, egregious neglect, financial
21		exploitation, and material obstruction of an investigation.
22		(g-5) Site visits and review authority.
23		(1) Site visits. The Inspector General shall conduct
24		unannounced site visits to each facility at least annually
25		for the purpose of reviewing and making recommendations on
26		systemic issues relative to preventing, reporting,

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1		investigating, and responding to all of the following:
2		mental abuse, physical abuse, sexual abuse, neglect,
3		egregious neglect, financial exploitation, or material
4		obstruction of an investigation.
5		(2) Review authority. In response to complaints or
6		information gathered from investigations, the Inspector
7		General shall have and may exercise the authority to
8		initiate reviews of facilities and agencies related to
9		preventing, reporting, investigating, and responding to
10		all of the following: mental abuse, physical abuse, sexual
11		abuse, neglect, egregious neglect, financial exploitation,
12		or material obstruction of an investigation. Upon
13		concluding a review, the Inspector General shall issue a
14		written report setting forth its conclusions and
15		recommendations. The report shall be distributed to the
16		Secretary and to the director of the facility or agency
17		that was the subject of review. Within 45 calendar days,
18		the facility or agency shall submit a written response
19		addressing the Inspector General's conclusions and
20		recommendations and, in a concise and reasoned manner, the
21		actions taken, if applicable, to: (i) protect the
22		individual or individuals; (ii) prevent recurrences; and
23		(iii) eliminate the problems identified. The response
24		shall include the implementation and completion dates of
25		such actions.
26		(h) Training programs. The Inspector General shall (i)

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1		establish a comprehensive program to ensure that every person
2		authorized to conduct investigations receives ongoing training
3		relative to investigation techniques, communication skills,
4		and the appropriate means of interacting with persons
5		receiving treatment for mental illness, developmental
6		disability, or both mental illness and developmental
7		disability, and (ii) establish and conduct periodic training
8		programs for facility and agency employees concerning the
9		prevention and reporting of any one or more of the following:
10		mental abuse, physical abuse, sexual abuse, neglect, egregious
11		neglect, financial exploitation, or material obstruction of an
12		investigation. The Inspector General shall further ensure (i)
13		every person authorized to conduct investigations at community
14		agencies receives ongoing training in Title 59, Parts 115,
15		116, and 119 of the Illinois Administrative Code, and (ii)
16		every person authorized to conduct investigations shall
17		receive ongoing training in Title 59, Part 50 of the Illinois
18		Administrative Code. Nothing in this Section shall be deemed
19		to prevent the Office of Inspector General from conducting any
20		other training as determined by the Inspector General to be
21		necessary or helpful.
22		(i) Duty to cooperate.
23		(1) The Inspector General shall at all times be
24		granted access to any facility or agency for the purpose
25		of investigating any allegation, conducting unannounced
26		site visits, monitoring compliance with a written

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1		response, conducting reviews of facilities and agencies,
2		or completing any other statutorily assigned duty.
3		(2) Any employee who fails to cooperate with an Office
4		of the Inspector General investigation is in violation of
5		this Act. Failure to cooperate with an investigation
6		includes, but is not limited to, any one or more of the
7		following: (i) creating and transmitting a false report to
8		the Office of the Inspector General hotline, (ii)
9		providing false information to an Office of the Inspector
10		General Investigator during an investigation, (iii)
11		colluding with other employees to cover up evidence, (iv)
12		colluding with other employees to provide false
13		information to an Office of the Inspector General
14		investigator, (v) destroying evidence, (vi) withholding
15		evidence, or (vii) otherwise obstructing an Office of the
16		Inspector General investigation. Additionally, any
17		employee who, during an unannounced site visit, written
18		response compliance check, or review fails to cooperate
19		with requests from the Office of the Inspector General is
20		in violation of this Act.
21		(j) Subpoena powers. The Inspector General shall have the
22		power to subpoena witnesses and compel the production of all
23		documents and physical evidence relating to his or her
24		investigations and reviews and any hearings authorized by this
25		Act. This subpoena power shall not extend to persons or
26		documents of a labor organization or its representatives

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1		insofar as the persons are acting in a representative capacity
2		to an employee whose conduct is the subject of an
3		investigation or the documents relate to that representation.
4		Any person who otherwise fails to respond to a subpoena or who
5		knowingly provides false information to the Office of the
6		Inspector General by subpoena during an investigation is
7		guilty of a Class A misdemeanor.
8		(k) Reporting allegations and deaths.
9		(1) Allegations. If an employee witnesses, is told of,
10		or has reason to believe an incident of mental abuse,
11		physical abuse, sexual abuse, neglect, financial
12		exploitation, or material obstruction of an investigation
13		has occurred, the employee, agency, or facility shall
14		report the allegation by phone to the Office of the
15		Inspector General hotline according to the agency's or
16		facility's procedures, but in no event later than 4 hours
17		after the initial discovery of the incident, allegation,
18		or suspicion of any one or more of the following: mental
19		abuse, physical abuse, sexual abuse, neglect, financial
20		exploitation, or material obstruction of an investigation.
21		A required reporter as defined in subsection (b) of this
22		Section who knowingly or intentionally fails to comply
23		with these reporting requirements is guilty of a Class A
24		misdemeanor.
25		(2) Deaths. Absent an allegation, a required reporter
26		shall, within 24 hours after initial discovery, report by

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1		phone to the Office of the Inspector General hotline each
2		of the following:
3		(i) Any death of an individual occurring within 14
4		calendar days after discharge or transfer of the
5		individual from a residential program or facility.
6		(ii) Any death of an individual occurring within
7		24 hours after deflection from a residential program
8		or facility.
9		(iii) Any other death of an individual occurring
10		at an agency or facility or at any Department-funded
11		site.
12		(3) Retaliation. It is a violation of this Act for any
13		employee or administrator of an agency or facility to take
14		retaliatory action against an employee who acts in good
15		faith in conformance with his or her duties as a required
16		reporter.
17		(l) Reporting to law enforcement. Reporting criminal acts.
18		Within 24 hours after determining that there is credible
19		evidence indicating that a criminal act may have been
20		committed or that special expertise may be required in an
21		investigation, the Inspector General shall notify the Illinois
22		State Police or other appropriate law enforcement authority,
23		or ensure that such notification is made. The Illinois State
24		Police shall investigate any report from a State-operated
25		facility indicating a possible murder, sexual assault, or
26		other felony by an employee. All investigations conducted by

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1		the Inspector General shall be conducted in a manner designed
2		to ensure the preservation of evidence for possible use in a
3		criminal prosecution.
4		(m) Investigative reports. Upon completion of an
5		investigation, the Office of Inspector General shall issue an
6		investigative report identifying whether the allegations are
7		substantiated, unsubstantiated, or unfounded. Within 10
8		business days after the transmittal of a completed
9		investigative report substantiating an allegation, finding an
10		allegation is unsubstantiated, or if a recommendation is made,
11		the Inspector General shall provide the investigative report
12		on the case to the Secretary and to the director of the
13		facility or agency where any one or more of the following
14		occurred: mental abuse, physical abuse, sexual abuse, neglect,
15		egregious neglect, financial exploitation, or material
16		obstruction of an investigation. The director of the facility
17		or agency shall be responsible for maintaining the
18		confidentiality of the investigative report consistent with
19		State and federal law. In a substantiated case, the
20		investigative report shall include any mitigating or
21		aggravating circumstances that were identified during the
22		investigation. If the case involves substantiated neglect, the
23		investigative report shall also state whether egregious
24		neglect was found. An investigative report may also set forth
25		recommendations. All investigative reports prepared by the
26		Office of the Inspector General shall be considered

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1		confidential and shall not be released except as provided by
2		the law of this State or as required under applicable federal
3		law. Unsubstantiated and unfounded reports shall not be
4		disclosed except as allowed under Section 6 of the Abused and
5		Neglected Long Term Care Facility Residents Reporting Act. Raw
6		data used to compile the investigative report shall not be
7		subject to release unless required by law or a court order.
8		"Raw data used to compile the investigative report" includes,
9		but is not limited to, any one or more of the following: the
10		initial complaint, witness statements, photographs,
11		investigator's notes, police reports, or incident reports. If
12		the allegations are substantiated, the victim, the victim's
13		guardian, and the accused shall be provided with a redacted
14		copy of the investigative report. Death reports where there
15		was no allegation of abuse or neglect shall only be released to
16		the Secretary, or the Secretary's designee, and to the
17		director of the facility or agency when a recommendation is
18		made and pursuant to applicable State or federal law or a valid
19		court order. Unredacted investigative reports, as well as raw
20		data, may be shared with a local law enforcement entity, a
21		State's Attorney's office, or a county coroner's office upon
22		written request. Unredacted investigative reports, as well as
23		raw data, may be shared with the Department of Financial and
24		Professional Regulation when there is a substantiated finding
25		against a person licensed by the Department of Financial and
26		Professional Regulation who is within the Office of the

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1		Inspector General's jurisdiction, upon written request. If,
2		during its investigation, the Office of the Inspector General
3		found credible evidence of neglect by a person licensed by the
4		Department of Financial and Professional Regulation who is not
5		within the Office's jurisdiction, the Office may provide an
6		unfounded or unsubstantiated investigative report or death
7		report, as well as raw data, with the Department of Financial
8		and Professional Regulation, upon written request.
9		(n) Written responses, clarification requests, and
10		reconsideration requests.
11		(1) Written responses. Within 30 calendar days from
12		receipt of a substantiated investigative report or an
13		investigative report which contains recommendations,
14		absent a reconsideration request, the facility or agency
15		shall file a written response that addresses, in a concise
16		and reasoned manner, the actions taken to: (i) protect the
17		individual; (ii) prevent recurrences; and (iii) eliminate
18		the problems identified. The response shall include the
19		implementation and completion dates of such actions. If
20		the written response is not filed within the allotted 30
21		calendar day period, the Secretary, or the Secretary's
22		designee, shall determine the appropriate corrective
23		action to be taken.
24		(2) Requests for clarification. The facility, agency,
25		victim or guardian, or the subject employee may request
26		that the Office of Inspector General clarify the finding

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1		or findings for which clarification is sought.
2		(3) Requests for reconsideration. The facility,
3		agency, victim or guardian, or the subject employee may
4		request that the Office of the Inspector General
5		reconsider the finding or findings or the recommendations.
6		A request for reconsideration shall be subject to a
7		multi-layer review and shall include at least one reviewer
8		who did not participate in the investigation or approval
9		of the original investigative report. After the
10		multi-layer review process has been completed, the
11		Inspector General shall make the final determination on
12		the reconsideration request. The investigation shall be
13		reopened if the reconsideration determination finds that
14		additional information is needed to complete the
15		investigative record.
16		(o) Disclosure of the finding by the Inspector General.
17		The Inspector General shall disclose the finding of an
18		investigation to the following persons: (i) the Governor, (ii)
19		the Secretary, (iii) the director of the facility or agency,
20		(iv) the alleged victims and their guardians, (v) the
21		complainant, and (vi) the accused. This information shall
22		include whether the allegations were deemed substantiated,
23		unsubstantiated, or unfounded.
24		(p) Secretary review. Upon review of the Inspector
25		General's investigative report and any agency's or facility's
26		written response, the Secretary, or the Secretary's designee,

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1		shall accept or reject the written response and notify the
2		Inspector General of that determination. The Secretary, or the
3		Secretary's designee, may further direct that other
4		administrative action be taken, including, but not limited to,
5		any one or more of the following: (i) additional site visits,
6		(ii) training, (iii) provision of technical assistance
7		relative to administrative needs, licensure, or certification,
8		or (iv) the imposition of appropriate sanctions.
9		(q) Action by facility or agency. Within 30 days of the
10		date the Secretary, or the Secretary's designee, approves the
11		written response or directs that further administrative action
12		be taken, the facility or agency shall provide an
13		implementation report to the Inspector General that provides
14		the status of the action taken. The facility or agency shall be
15		allowed an additional 30 days to send notice of completion of
16		the action or to send an updated implementation report. If the
17		action has not been completed within the additional 30-day
18		period, the facility or agency shall send updated
19		implementation reports every 60 days until completion. The
20		Inspector General shall conduct a review of any implementation
21		plan that takes more than 120 days after approval to complete,
22		and shall monitor compliance through a random review of
23		approved written responses, which may include, but are not
24		limited to: (i) site visits, (ii) telephone contact, and (iii)
25		requests for additional documentation evidencing compliance.
26		(r) Sanctions. Sanctions, if imposed by the Secretary

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1		under Subdivision (p)(iv) of this Section, shall be designed
2		to prevent further acts of mental abuse, physical abuse,
3		sexual abuse, neglect, egregious neglect, or financial
4		exploitation or some combination of one or more of those acts
5		at a facility or agency, and may include any one or more of the
6		following:
7		(1) Appointment of on-site monitors.
8		(2) Transfer or relocation of an individual or
9		individuals.
10		(3) Closure of units.
11		(4) Termination of any one or more of the following:
12		(i) Department licensing, (ii) funding, or (iii)
13		certification.
14		The Inspector General may seek the assistance of the
15		Illinois Attorney General or the office of any State's
16		Attorney in implementing sanctions.
17		(s) Health Care Worker Registry.
18		(1) Reporting to the Registry. The Inspector General
19		shall report to the Department of Public Health's Health
20		Care Worker Registry, a public registry, the identity and
21		finding of each employee of a facility or agency against
22		whom there is a final investigative report prepared by the
23		Office of the Inspector General containing a substantiated
24		allegation of physical or sexual abuse, financial
25		exploitation, egregious neglect of an individual, or
26		material obstruction of an investigation, unless the

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1		Inspector General requests a stipulated disposition of the
2		investigative report that does not include the reporting
3		of the employee's name to the Health Care Worker Registry
4		and the Secretary of Human Services agrees with the
5		requested stipulated disposition.
6		(2) Notice to employee. Prior to reporting the name of
7		an employee, the employee shall be notified of the
8		Department's obligation to report and shall be granted an
9		opportunity to request an administrative hearing, the sole
10		purpose of which is to determine if the substantiated
11		finding warrants reporting to the Registry. Notice to the
12		employee shall contain a clear and concise statement of
13		the grounds on which the report to the Registry is based,
14		offer the employee an opportunity for a hearing, and
15		identify the process for requesting such a hearing. Notice
16		is sufficient if provided by certified mail to the
17		employee's last known address. If the employee fails to
18		request a hearing within 30 days from the date of the
19		notice, the Inspector General shall report the name of the
20		employee to the Registry. Nothing in this subdivision
21		(s)(2) shall diminish or impair the rights of a person who
22		is a member of a collective bargaining unit under the
23		Illinois Public Labor Relations Act or under any other
24		federal labor statute.
25		(3) Registry hearings. If the employee requests an
26		administrative hearing, the employee shall be granted an

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1		opportunity to appear before an administrative law judge
2		to present reasons why the employee's name should not be
3		reported to the Registry. The Department shall bear the
4		burden of presenting evidence that establishes, by a
5		preponderance of the evidence, that the substantiated
6		finding warrants reporting to the Registry. After
7		considering all the evidence presented, the administrative
8		law judge shall make a recommendation to the Secretary as
9		to whether the substantiated finding warrants reporting
10		the name of the employee to the Registry. The Secretary
11		shall render the final decision. The Department and the
12		employee shall have the right to request that the
13		administrative law judge consider a stipulated disposition
14		of these proceedings.
15		(4) Testimony at Registry hearings. A person who makes
16		a report or who investigates a report under this Act shall
17		testify fully in any judicial proceeding resulting from
18		such a report, as to any evidence of physical abuse,
19		sexual abuse, egregious neglect, financial exploitation,
20		or material obstruction of an investigation, or the cause
21		thereof. No evidence shall be excluded by reason of any
22		common law or statutory privilege relating to
23		communications between the alleged perpetrator of abuse or
24		neglect, or the individual alleged as the victim in the
25		report, and the person making or investigating the report.
26		Testimony at hearings is exempt from the confidentiality

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1		requirements of subsection (f) of Section 10 of the Mental
2		Health and Developmental Disabilities Confidentiality Act.
3		(5) Employee's rights to collateral action. No
4		reporting to the Registry shall occur and no hearing shall
5		be set or proceed if an employee notifies the Inspector
6		General in writing, including any supporting
7		documentation, that he or she is formally contesting an
8		adverse employment action resulting from a substantiated
9		finding by complaint filed with the Illinois Civil Service
10		Commission, or which otherwise seeks to enforce the
11		employee's rights pursuant to any applicable collective
12		bargaining agreement. If an action taken by an employer
13		against an employee as a result of a finding of physical
14		abuse, sexual abuse, egregious neglect, financial
15		exploitation, or material obstruction of an investigation
16		is overturned through an action filed with the Illinois
17		Civil Service Commission or under any applicable
18		collective bargaining agreement and if that employee's
19		name has already been sent to the Registry, the employee's
20		name shall be removed from the Registry.
21		(6) Removal from Registry. At any time after the
22		report to the Registry, but no more than once in any
23		12-month period, an employee may petition the Department
24		in writing to remove his or her name from the Registry.
25		Upon receiving notice of such request, the Inspector
26		General shall conduct an investigation into the petition.

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1		Upon receipt of such request, an administrative hearing
2		will be set by the Department. At the hearing, the
3		employee shall bear the burden of presenting evidence that
4		establishes, by a preponderance of the evidence, that
5		removal of the name from the Registry is in the public
6		interest. The parties may jointly request that the
7		administrative law judge consider a stipulated disposition
8		of these proceedings.
9		(t) Review of Administrative Decisions. The Department
10		shall preserve a record of all proceedings at any formal
11		hearing conducted by the Department involving Health Care
12		Worker Registry hearings. Final administrative decisions of
13		the Department are subject to judicial review pursuant to
14		provisions of the Administrative Review Law.
15		(u) Quality Care Board. There is created, within the
16		Office of the Inspector General, a Quality Care Board to be
17		composed of 7 members appointed by the Governor with the
18		advice and consent of the Senate. One of the members shall be
19		designated as chairman by the Governor. Of the initial
20		appointments made by the Governor, 4 Board members shall each
21		be appointed for a term of 4 years and 3 members shall each be
22		appointed for a term of 2 years. Upon the expiration of each
23		member's term, a successor shall be appointed for a term of 4
24		years. In the case of a vacancy in the office of any member,
25		the Governor shall appoint a successor for the remainder of
26		the unexpired term.

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1		Members appointed by the Governor shall be qualified by
2		professional knowledge or experience in the area of law,
3		investigatory techniques, or in the area of care of the
4		mentally ill or care of persons with developmental
5		disabilities. Two members appointed by the Governor shall be
6		persons with a disability or parents of persons with a
7		disability. Members shall serve without compensation, but
8		shall be reimbursed for expenses incurred in connection with
9		the performance of their duties as members.
10		The Board shall meet quarterly, and may hold other
11		meetings on the call of the chairman. Four members shall
12		constitute a quorum allowing the Board to conduct its
13		business. The Board may adopt rules and regulations it deems
14		necessary to govern its own procedures.
15		The Board shall monitor and oversee the operations,
16		policies, and procedures of the Inspector General to ensure
17		the prompt and thorough investigation of allegations of
18		neglect and abuse. In fulfilling these responsibilities, the
19		Board may do the following:
20		(1) Provide independent, expert consultation to the
21		Inspector General on policies and protocols for
22		investigations of alleged abuse, neglect, or both abuse
23		and neglect.
24		(2) Review existing regulations relating to the
25		operation of facilities.
26		(3) Advise the Inspector General as to the content of

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1		training activities authorized under this Section.
2		(4) Recommend policies concerning methods for
3		improving the intergovernmental relationships between the
4		Office of the Inspector General and other State or federal
5		offices.
6		(v) Annual report. The Inspector General shall provide to
7		the General Assembly and the Governor, no later than January 1
8		of each year, a summary of reports and investigations made
9		under this Act for the prior fiscal year with respect to
10		individuals receiving mental health or developmental
11		disabilities services. The report shall detail the imposition
12		of sanctions, if any, and the final disposition of any
13		corrective or administrative action directed by the Secretary.
14		The summaries shall not contain any confidential or
15		identifying information of any individual, but shall include
16		objective data identifying any trends in the number of
17		reported allegations, the timeliness of the Office of the
18		Inspector General's investigations, and their disposition, for
19		each facility and Department-wide, for the most recent 3-year
20		time period. The report shall also identify, by facility, the
21		staff-to-patient ratios taking account of direct care staff
22		only. The report shall also include detailed recommended
23		administrative actions and matters for consideration by the
24		General Assembly.
25		(w) Program audit. The Auditor General shall conduct a
26		program audit of the Office of the Inspector General on an

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1		as-needed basis, as determined by the Auditor General. The
2		audit shall specifically include the Inspector General's
3		compliance with the Act and effectiveness in investigating
4		reports of allegations occurring in any facility or agency.
5		The Auditor General shall conduct the program audit according
6		to the provisions of the Illinois State Auditing Act and shall
7		report its findings to the General Assembly no later than
8		January 1 following the audit period.
9		(x) Nothing in this Section shall be construed to mean
10		that an individual is a victim of abuse or neglect because of
11		health care services appropriately provided or not provided by
12		health care professionals.
13		(y) Nothing in this Section shall require a facility,
14		including its employees, agents, medical staff members, and
15		health care professionals, to provide a service to an
16		individual in contravention of that individual's stated or
17		implied objection to the provision of that service on the
18		ground that that service conflicts with the individual's
19		religious beliefs or practices, nor shall the failure to
20		provide a service to an individual be considered abuse under
21		this Section if the individual has objected to the provision
22		of that service based on his or her religious beliefs or
23		practices.
24		(Source: P.A. 102-538, eff. 8-20-21; 102-883, eff. 5-13-22;
25		102-1071, eff. 6-10-22; 103-76, eff. 6-9-23; 103-154, eff.
26		6-30-23; 103-752, eff. 1-1-25.)

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1		(20 ILCS 1305/10-8)
2		Sec. 10-8. The Autism Research Checkoff Fund; grants;
3		scientific review committee. The Autism Research Checkoff Fund
4		is created as a special fund in the State treasury. From
5		appropriations to the Department from the Fund, the Department
6		must make grants to public or private entities in Illinois for
7		the purpose of funding research concerning the disorder of
8		autism. For purposes of this Section, the term "research"
9		includes, without limitation, expenditures to develop and
10		advance the understanding, techniques, and modalities
11		effective in the detection, prevention, screening, and
12		treatment of autism and may include clinical trials. No more
13		than 20% of the grant funds may be used for institutional
14		overhead costs, indirect costs, other organizational levies,
15		or costs of community-based support services.
16		Moneys received for the purposes of this Section,
17		including, without limitation, income tax checkoff receipts
18		and gifts, grants, and awards from any public or private
19		entity, must be deposited into the Fund. Any interest earned
20		on moneys in the Fund must be deposited into the Fund.
21		Each year, grantees of the grants provided under this
22		Section must submit a written report to the Department that
23		sets forth the types of research that is conducted with the
24		grant moneys and the status of that research.
25		The Department shall promulgate rules for the creation of

HB3078 Engrossed - 30 - LRB104 10923 KTG 21005 b
1		a scientific review committee to review and assess
2		applications for the grants authorized under this Section. The
3		Committee shall serve without compensation.
4		Notwithstanding any other provision of law, on July 1,
5		2025, or as soon thereafter as practical, the State
6		Comptroller shall direct and the State Treasurer shall
7		transfer the remaining balance from the Autism Research
8		Checkoff Fund into the Autism Awareness Fund. Upon completion
9		of the transfers, the Autism Research Checkoff Fund is
10		dissolved, and any future deposits due to that Fund and any
11		outstanding obligations or liabilities of that Fund shall pass
12		to the Autism Awareness Fund. This Section is repealed on
13		January 1, 2026.
14		(Source: P.A. 98-463, eff. 8-16-13.)
15		Section 10. The Rehabilitation of Persons with
16		Disabilities Act is amended by changing Sections 11 and 17 by
17		adding Section 11a as follows:
18		(20 ILCS 2405/11)    (from Ch. 23, par. 3442)
19		Sec. 11. Illinois Center for Rehabilitation and
20		Education-Roosevelt. The Department shall operate and maintain
21		the Illinois Center for Rehabilitation and Education-Roosevelt
22		for the care and education of educable young adults with one or
23		more physical disabilities and provide in connection therewith
24		nursing and medical care and academic, occupational, and

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1		related training to such young adults.
2		Any Illinois resident under the age of 22 years who is
3		educable but has such a severe physical disability as a result
4		of cerebral palsy, muscular dystrophy, spina bifida, or other
5		cause that he or she is unable to take advantage of the system
6		of free education in the State of Illinois, may be admitted to
7		the Center or be entitled to services and facilities provided
8		hereunder. Young adults shall be admitted to the Center or be
9		eligible for such services and facilities only after diagnosis
10		according to procedures approved for this purpose. The
11		Department may avail itself of the services of other public or
12		private agencies in determining any young adult's eligibility
13		for admission to, or discharge from, the Center.
14		The Department may call upon other agencies of the State
15		for such services as they are equipped to render in the care of
16		young adults with one or more physical disabilities, and such
17		agencies are instructed to render those services which are
18		consistent with their legal and administrative
19		responsibilities.
20		(Source: P.A. 102-264, eff. 8-6-21.)
21		(20 ILCS 2405/11a new)
22		Sec. 11a. Illinois Center for Rehabilitation and
23		Education-Wood. The Department shall operate and maintain the
24		Illinois Center for Rehabilitation and Education-Wood for the
25		education of individuals who are blind, visually impaired, or

HB3078 Engrossed - 32 - LRB104 10923 KTG 21005 b
1		DeafBlind and are seeking competitive integrated employment.
2		Individuals who are blind, visually impaired, or DeafBlind
3		seeking services through the Illinois Center for
4		Rehabilitation and Education-Wood must meet all requirements
5		set forth in 89 Ill. Adm. Code 730.
6		The Department may avail itself of the services of other
7		public or private agencies in determining eligibility for
8		admission to or discharge from the Illinois Center for
9		Rehabilitation and Education-Wood.
10		The Department may call upon other agencies of the State
11		for such services as they are equipped to render in the
12		education of individuals who are blind, visually impaired, or
13		DeafBlind seeking competitive integrated employment, and such
14		agencies are instructed to render those services which are
15		consistent with their legal and administrative
16		responsibilities.
17		(20 ILCS 2405/17)    (from Ch. 23, par. 3448)
18		Sec. 17. Child Abuse and Neglect Reports.
19		(a) All applicants for employment at the Illinois School
20		for the Visually Impaired, the Illinois School for the Deaf,
21		the Illinois Center for the Rehabilitation and
22		Education-Roosevelt, and the Illinois Center for the
23		Rehabilitation and Education-Wood shall as a condition of
24		employment authorize, in writing on a form prescribed by the
25		Department of Children and Family Services, an investigation

HB3078 Engrossed - 33 - LRB104 10923 KTG 21005 b
1		of the Central Register, as defined in the Abused and
2		Neglected Child Reporting Act, to ascertain if the applicant
3		has been determined to be a perpetrator in an indicated report
4		of child abuse or neglect.
5		(b) The information concerning a prospective employee
6		obtained by the Department shall be confidential and exempt
7		from public inspection and copying, as provided under Section
8		7 of The Freedom of Information Act, and the information shall
9		not be transmitted outside the Department, except as provided
10		in the Abused and Neglected Child Reporting Act, and shall not
11		be transmitted to anyone within the Department except as
12		needed for the purposes of evaluation of an application for
13		employment.
14		(Source: P.A. 88-172.)
15		Section 12. The School Code is amended by changing Section
16		14-8.02 as follows:
17		(105 ILCS 5/14-8.02)    (from Ch. 122, par. 14-8.02)
18		Sec. 14-8.02. Identification, evaluation, and placement of
19		children.
20		(a) The State Board of Education shall make rules under
21		which local school boards shall determine the eligibility of
22		children to receive special education. Such rules shall ensure
23		that a free appropriate public education be available to all
24		children with disabilities as defined in Section 14-1.02. The

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1		State Board of Education shall require local school districts
2		to administer non-discriminatory procedures or tests to
3		English learners coming from homes in which a language other
4		than English is used to determine their eligibility to receive
5		special education. The placement of low English proficiency
6		students in special education programs and facilities shall be
7		made in accordance with the test results reflecting the
8		student's linguistic, cultural and special education needs.
9		For purposes of determining the eligibility of children the
10		State Board of Education shall include in the rules
11		definitions of "case study", "staff conference",
12		"individualized educational program", and "qualified
13		specialist" appropriate to each category of children with
14		disabilities as defined in this Article. For purposes of
15		determining the eligibility of children from homes in which a
16		language other than English is used, the State Board of
17		Education shall include in the rules definitions for
18		"qualified bilingual specialists" and "linguistically and
19		culturally appropriate individualized educational programs".
20		For purposes of this Section, as well as Sections 14-8.02a,
21		14-8.02b, and 14-8.02c of this Code, "parent" means a parent
22		as defined in the federal Individuals with Disabilities
23		Education Act (20 U.S.C. 1401(23)).
24		(b) No child shall be eligible for special education
25		facilities except with a carefully completed case study fully
26		reviewed by professional personnel in a multidisciplinary

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1		staff conference and only upon the recommendation of qualified
2		specialists or a qualified bilingual specialist, if available.
3		At the conclusion of the multidisciplinary staff conference,
4		the parent of the child and, if the child is in the legal
5		custody of the Department of Children and Family Services, the
6		Department's Office of Education and Transition Services shall
7		be given a copy of the multidisciplinary conference summary
8		report and recommendations, which includes options considered,
9		and, in the case of the parent, be informed of his or her right
10		to obtain an independent educational evaluation if he or she
11		disagrees with the evaluation findings conducted or obtained
12		by the school district. If the school district's evaluation is
13		shown to be inappropriate, the school district shall reimburse
14		the parent for the cost of the independent evaluation. The
15		State Board of Education shall, with advice from the State
16		Advisory Council on Education of Children with Disabilities on
17		the inclusion of specific independent educational evaluators,
18		prepare a list of suggested independent educational
19		evaluators. The State Board of Education shall include on the
20		list clinical psychologists licensed pursuant to the Clinical
21		Psychologist Licensing Act. Such psychologists shall not be
22		paid fees in excess of the amount that would be received by a
23		school psychologist for performing the same services. The
24		State Board of Education shall supply school districts with
25		such list and make the list available to parents at their
26		request. School districts shall make the list available to

HB3078 Engrossed - 36 - LRB104 10923 KTG 21005 b
1		parents at the time they are informed of their right to obtain
2		an independent educational evaluation. However, the school
3		district may initiate an impartial due process hearing under
4		this Section within 5 days of any written parent request for an
5		independent educational evaluation to show that its evaluation
6		is appropriate. If the final decision is that the evaluation
7		is appropriate, the parent still has a right to an independent
8		educational evaluation, but not at public expense. An
9		independent educational evaluation at public expense must be
10		completed within 30 days of a parent's written request unless
11		the school district initiates an impartial due process hearing
12		or the parent or school district offers reasonable grounds to
13		show that such 30-day time period should be extended. If the
14		due process hearing decision indicates that the parent is
15		entitled to an independent educational evaluation, it must be
16		completed within 30 days of the decision unless the parent or
17		the school district offers reasonable grounds to show that
18		such 30-day period should be extended. If a parent disagrees
19		with the summary report or recommendations of the
20		multidisciplinary conference or the findings of any
21		educational evaluation which results therefrom, the school
22		district shall not proceed with a placement based upon such
23		evaluation and the child shall remain in his or her regular
24		classroom setting. No child shall be eligible for admission to
25		a special class for children with a mental disability who are
26		educable or for children with a mental disability who are

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1		trainable except with a psychological evaluation and
2		recommendation by a school psychologist. Consent shall be
3		obtained from the parent of a child before any evaluation is
4		conducted. If consent is not given by the parent or if the
5		parent disagrees with the findings of the evaluation, then the
6		school district may initiate an impartial due process hearing
7		under this Section. The school district may evaluate the child
8		if that is the decision resulting from the impartial due
9		process hearing and the decision is not appealed or if the
10		decision is affirmed on appeal. The determination of
11		eligibility shall be made and the IEP meeting shall be
12		completed within 60 school days from the date of written
13		parental consent. In those instances when written parental
14		consent is obtained with fewer than 60 pupil attendance days
15		left in the school year, the eligibility determination shall
16		be made and the IEP meeting shall be completed prior to the
17		first day of the following school year. Special education and
18		related services must be provided in accordance with the
19		student's IEP no later than 10 school attendance days after
20		notice is provided to the parents pursuant to Section 300.503
21		of Title 34 of the Code of Federal Regulations and
22		implementing rules adopted by the State Board of Education.
23		The appropriate program pursuant to the individualized
24		educational program of students whose native tongue is a
25		language other than English shall reflect the special
26		education, cultural and linguistic needs. No later than

HB3078 Engrossed - 38 - LRB104 10923 KTG 21005 b
1		September 1, 1993, the State Board of Education shall
2		establish standards for the development, implementation and
3		monitoring of appropriate bilingual special individualized
4		educational programs. The State Board of Education shall
5		further incorporate appropriate monitoring procedures to
6		verify implementation of these standards. The district shall
7		indicate to the parent, the State Board of Education, and, if
8		applicable, the Department's Office of Education and
9		Transition Services the nature of the services the child will
10		receive for the regular school term while awaiting placement
11		in the appropriate special education class. At the child's
12		initial IEP meeting and at each annual review meeting, the
13		child's IEP team shall provide the child's parent or guardian
14		and, if applicable, the Department's Office of Education and
15		Transition Services with a written notification that informs
16		the parent or guardian or the Department's Office of Education
17		and Transition Services that the IEP team is required to
18		consider whether the child requires assistive technology in
19		order to receive free, appropriate public education. The
20		notification must also include a toll-free telephone number
21		and internet address for the State's assistive technology
22		program.
23		If the child is deaf, hard of hearing, blind, or visually
24		impaired or has an orthopedic impairment or physical
25		disability and he or she might be eligible to receive services
26		from the Illinois School for the Deaf, the Illinois School for

HB3078 Engrossed - 39 - LRB104 10923 KTG 21005 b
1		the Visually Impaired, the Illinois Center for Rehabilitation
2		and Education-Wood, or the Illinois Center for Rehabilitation
3		and Education-Roosevelt, the school district shall notify the
4		parents, in writing, of the existence of these schools and the
5		services they provide and shall make a reasonable effort to
6		inform the parents of the existence of other, local schools
7		that provide similar services and the services that these
8		other schools provide. This notification shall include,
9		without limitation, information on school services, school
10		admissions criteria, and school contact information.
11		In the development of the individualized education program
12		for a student who has a disability on the autism spectrum
13		(which includes autistic disorder, Asperger's disorder,
14		pervasive developmental disorder not otherwise specified,
15		childhood disintegrative disorder, and Rett Syndrome, as
16		defined in the Diagnostic and Statistical Manual of Mental
17		Disorders, fourth edition (DSM-IV, 2000)), the IEP team shall
18		consider all of the following factors:
19		(1) The verbal and nonverbal communication needs of
20		the child.
21		(2) The need to develop social interaction skills and
22		proficiencies.
23		(3) The needs resulting from the child's unusual
24		responses to sensory experiences.
25		(4) The needs resulting from resistance to
26		environmental change or change in daily routines.

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1		(5) The needs resulting from engagement in repetitive
2		activities and stereotyped movements.
3		(6) The need for any positive behavioral
4		interventions, strategies, and supports to address any
5		behavioral difficulties resulting from autism spectrum
6		disorder.
7		(7) Other needs resulting from the child's disability
8		that impact progress in the general curriculum, including
9		social and emotional development.
10		Public Act 95-257 does not create any new entitlement to a
11		service, program, or benefit, but must not affect any
12		entitlement to a service, program, or benefit created by any
13		other law.
14		If the student may be eligible to participate in the
15		Home-Based Support Services Program for Adults with Mental
16		Disabilities authorized under the Developmental Disability and
17		Mental Disability Services Act upon becoming an adult, the
18		student's individualized education program shall include plans
19		for (i) determining the student's eligibility for those
20		home-based services, (ii) enrolling the student in the program
21		of home-based services, and (iii) developing a plan for the
22		student's most effective use of the home-based services after
23		the student becomes an adult and no longer receives special
24		educational services under this Article. The plans developed
25		under this paragraph shall include specific actions to be
26		taken by specified individuals, agencies, or officials.

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1		(c) In the development of the individualized education
2		program for a student who is functionally blind, it shall be
3		presumed that proficiency in Braille reading and writing is
4		essential for the student's satisfactory educational progress.
5		For purposes of this subsection, the State Board of Education
6		shall determine the criteria for a student to be classified as
7		functionally blind. Students who are not currently identified
8		as functionally blind who are also entitled to Braille
9		instruction include: (i) those whose vision loss is so severe
10		that they are unable to read and write at a level comparable to
11		their peers solely through the use of vision, and (ii) those
12		who show evidence of progressive vision loss that may result
13		in functional blindness. Each student who is functionally
14		blind shall be entitled to Braille reading and writing
15		instruction that is sufficient to enable the student to
16		communicate with the same level of proficiency as other
17		students of comparable ability. Instruction should be provided
18		to the extent that the student is physically and cognitively
19		able to use Braille. Braille instruction may be used in
20		combination with other special education services appropriate
21		to the student's educational needs. The assessment of each
22		student who is functionally blind for the purpose of
23		developing the student's individualized education program
24		shall include documentation of the student's strengths and
25		weaknesses in Braille skills. Each person assisting in the
26		development of the individualized education program for a

HB3078 Engrossed - 42 - LRB104 10923 KTG 21005 b
1		student who is functionally blind shall receive information
2		describing the benefits of Braille instruction. The
3		individualized education program for each student who is
4		functionally blind shall specify the appropriate learning
5		medium or media based on the assessment report.
6		(d) To the maximum extent appropriate, the placement shall
7		provide the child with the opportunity to be educated with
8		children who do not have a disability; provided that children
9		with disabilities who are recommended to be placed into
10		regular education classrooms are provided with supplementary
11		services to assist the children with disabilities to benefit
12		from the regular classroom instruction and are included on the
13		teacher's regular education class register. Subject to the
14		limitation of the preceding sentence, placement in special
15		classes, separate schools or other removal of the child with a
16		disability from the regular educational environment shall
17		occur only when the nature of the severity of the disability is
18		such that education in the regular classes with the use of
19		supplementary aids and services cannot be achieved
20		satisfactorily. The placement of English learners with
21		disabilities shall be in non-restrictive environments which
22		provide for integration with peers who do not have
23		disabilities in bilingual classrooms. Annually, each January,
24		school districts shall report data on students from
25		non-English speaking backgrounds receiving special education
26		and related services in public and private facilities as

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1		prescribed in Section 2-3.30. If there is a disagreement
2		between parties involved regarding the special education
3		placement of any child, either in-state or out-of-state, the
4		placement is subject to impartial due process procedures
5		described in Article 10 of the Rules and Regulations to Govern
6		the Administration and Operation of Special Education.
7		(e) No child who comes from a home in which a language
8		other than English is the principal language used may be
9		assigned to any class or program under this Article until he
10		has been given, in the principal language used by the child and
11		used in his home, tests reasonably related to his cultural
12		environment. All testing and evaluation materials and
13		procedures utilized for evaluation and placement shall not be
14		linguistically, racially or culturally discriminatory.
15		(f) Nothing in this Article shall be construed to require
16		any child to undergo any physical examination or medical
17		treatment whose parents object thereto on the grounds that
18		such examination or treatment conflicts with his religious
19		beliefs.
20		(g) School boards or their designee shall provide to the
21		parents of a child or, if applicable, the Department of
22		Children and Family Services' Office of Education and
23		Transition Services prior written notice of any decision (a)
24		proposing to initiate or change, or (b) refusing to initiate
25		or change, the identification, evaluation, or educational
26		placement of the child or the provision of a free appropriate

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1		public education to their child, and the reasons therefor. For
2		a parent, such written notification shall also inform the
3		parent of the opportunity to present complaints with respect
4		to any matter relating to the educational placement of the
5		student, or the provision of a free appropriate public
6		education and to have an impartial due process hearing on the
7		complaint. The notice shall inform the parents in the parents'
8		native language, unless it is clearly not feasible to do so, of
9		their rights and all procedures available pursuant to this Act
10		and the federal Individuals with Disabilities Education
11		Improvement Act of 2004 (Public Law 108-446); it shall be the
12		responsibility of the State Superintendent to develop uniform
13		notices setting forth the procedures available under this Act
14		and the federal Individuals with Disabilities Education
15		Improvement Act of 2004 (Public Law 108-446) to be used by all
16		school boards. The notice shall also inform the parents of the
17		availability upon request of a list of free or low-cost legal
18		and other relevant services available locally to assist
19		parents in initiating an impartial due process hearing. The
20		State Superintendent shall revise the uniform notices required
21		by this subsection (g) to reflect current law and procedures
22		at least once every 2 years. Any parent who is deaf or does not
23		normally communicate using spoken English and who participates
24		in a meeting with a representative of a local educational
25		agency for the purposes of developing an individualized
26		educational program or attends a multidisciplinary conference

HB3078 Engrossed - 45 - LRB104 10923 KTG 21005 b
1		shall be entitled to the services of an interpreter. The State
2		Board of Education must adopt rules to establish the criteria,
3		standards, and competencies for a bilingual language
4		interpreter who attends an individualized education program
5		meeting under this subsection to assist a parent who has
6		limited English proficiency.
7		(g-5) For purposes of this subsection (g-5), "qualified
8		professional" means an individual who holds credentials to
9		evaluate the child in the domain or domains for which an
10		evaluation is sought or an intern working under the direct
11		supervision of a qualified professional, including a master's
12		or doctoral degree candidate.
13		To ensure that a parent can participate fully and
14		effectively with school personnel in the development of
15		appropriate educational and related services for his or her
16		child, the parent, an independent educational evaluator, or a
17		qualified professional retained by or on behalf of a parent or
18		child must be afforded reasonable access to educational
19		facilities, personnel, classrooms, and buildings and to the
20		child as provided in this subsection (g-5). The requirements
21		of this subsection (g-5) apply to any public school facility,
22		building, or program and to any facility, building, or program
23		supported in whole or in part by public funds. Prior to
24		visiting a school, school building, or school facility, the
25		parent, independent educational evaluator, or qualified
26		professional may be required by the school district to inform

HB3078 Engrossed - 46 - LRB104 10923 KTG 21005 b
1		the building principal or supervisor in writing of the
2		proposed visit, the purpose of the visit, and the approximate
3		duration of the visit. The visitor and the school district
4		shall arrange the visit or visits at times that are mutually
5		agreeable. Visitors shall comply with school safety, security,
6		and visitation policies at all times. School district
7		visitation policies must not conflict with this subsection
8		(g-5). Visitors shall be required to comply with the
9		requirements of applicable privacy laws, including those laws
10		protecting the confidentiality of education records such as
11		the federal Family Educational Rights and Privacy Act and the
12		Illinois School Student Records Act. The visitor shall not
13		disrupt the educational process.
14		(1) A parent must be afforded reasonable access of
15		sufficient duration and scope for the purpose of observing
16		his or her child in the child's current educational
17		placement, services, or program or for the purpose of
18		visiting an educational placement or program proposed for
19		the child.
20		(2) An independent educational evaluator or a
21		qualified professional retained by or on behalf of a
22		parent or child must be afforded reasonable access of
23		sufficient duration and scope for the purpose of
24		conducting an evaluation of the child, the child's
25		performance, the child's current educational program,
26		placement, services, or environment, or any educational

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1		program, placement, services, or environment proposed for
2		the child, including interviews of educational personnel,
3		child observations, assessments, tests or assessments of
4		the child's educational program, services, or placement or
5		of any proposed educational program, services, or
6		placement. If one or more interviews of school personnel
7		are part of the evaluation, the interviews must be
8		conducted at a mutually agreed-upon time, date, and place
9		that do not interfere with the school employee's school
10		duties. The school district may limit interviews to
11		personnel having information relevant to the child's
12		current educational services, program, or placement or to
13		a proposed educational service, program, or placement.
14		(h) In the development of the individualized education
15		program or federal Section 504 plan for a student, if the
16		student needs extra accommodation during emergencies,
17		including natural disasters or an active shooter situation,
18		then that accommodation shall be taken into account when
19		developing the student's individualized education program or
20		federal Section 504 plan.
21		(Source: P.A. 102-199, eff. 7-1-22; 102-264, eff. 8-6-21;
22		102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 102-1072, eff.
23		6-10-22; 103-197, eff. 1-1-24; 103-605, eff. 7-1-24.)
24		Section 15. The Community-Integrated Living Arrangements
25		Licensure and Certification Act is amended by changing

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1		Sections 2, 3, 4, 6, 8, and 10, as follows:
2		(210 ILCS 135/2)    (from Ch. 91 1/2, par. 1702)
3		Sec. 2. The purpose of this Act is to promote the operation
4		of community-integrated living arrangements for the
5		supervision of persons with mental illness and persons with a
6		developmental disability by licensing community mental health
7		or developmental services agencies to provide an array of
8		community-integrated living arrangements for such individuals.
9		These community-integrated living arrangements are intended to
10		promote independence in daily living and economic
11		self-sufficiency. The licensed community mental health or
12		developmental services agencies in turn shall be required to
13		certify to the Department that the programs and placements
14		provided in the community-integrated living arrangements
15		comply with this Act, the Mental Health and Developmental
16		Disabilities Code, and applicable Department rules and
17		regulations.
18		(Source: P.A. 88-380.)
19		(210 ILCS 135/3)    (from Ch. 91 1/2, par. 1703)
20		Sec. 3. As used in this Act, unless the context requires
21		otherwise:
22		(a) "Applicant" means a person, group of persons,
23		association, partnership or corporation that applies for a
24		license as a community mental health or developmental services

HB3078 Engrossed - 49 - LRB104 10923 KTG 21005 b
1		agency under this Act.
2		(b) "Community mental health or developmental services
3		agency" or "agency" means a public or private agency,
4		association, partnership, corporation or organization which,
5		pursuant to this Act, certifies community-integrated living
6		arrangements for persons with mental illness or persons with a
7		developmental disability.
8		(c) "Department" means the Department of Human Services
9		(as successor to the Department of Mental Health and
10		Developmental Disabilities).
11		(d) "Community-integrated living arrangement" means a
12		living arrangement certified by a community mental health or
13		developmental services agency under this Act where 8 or fewer
14		recipients with mental illness or recipients with a
15		developmental disability who reside under the supervision of
16		the agency. Examples of community-integrated living
17		arrangements include but are not limited to the following:
18		(1) "Adult foster care", a living arrangement for
19		recipients in residences of families unrelated to them,
20		for the purpose of providing family care for the
21		recipients on a full-time basis;
22		(2) "Assisted residential care", an independent living
23		arrangement where recipients are intermittently supervised
24		by off-site staff;
25		(3) "Crisis residential care", a non-medical living
26		arrangement where recipients in need of non-medical,

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1		crisis services are supervised by on-site staff 24 hours a
2		day;
3		(4) "Home individual programs", living arrangements
4		for 2 unrelated adults outside the family home;
5		(5) "Supported residential care", a living arrangement
6		where recipients are supervised by on-site staff and such
7		supervision is provided less than 24 hours a day;
8		(6) "Community residential alternatives", as defined
9		in the Community Residential Alternatives Licensing Act;
10		and
11		(7) "Special needs trust-supported residential care",
12		a living arrangement where recipients are supervised by
13		on-site staff and that supervision is provided 24 hours
14		per day or less, as dictated by the needs of the
15		recipients, and determined by service providers. As used
16		in this item (7), "special needs trust" means a trust for
17		the benefit of a beneficiary with a disability as
18		described in Section 1213 of the Illinois Trust Code.
19		(e) "Recipient" means a person who has received, is
20		receiving, or is in need of treatment or habilitation as those
21		terms are defined in the Mental Health and Developmental
22		Disabilities Code.
23		(f) "Unrelated" means that persons residing together in
24		programs or placements certified by a community mental health
25		or developmental services agency under this Act do not have
26		any of the following relationships by blood, marriage or

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1		adoption: parent, son, daughter, brother, sister, grandparent,
2		uncle, aunt, nephew, niece, great grandparent, great uncle,
3		great aunt, stepbrother, stepsister, stepson, stepdaughter,
4		stepparent or first cousin.
5		(Source: P.A. 101-48, eff. 1-1-20.)
6		(210 ILCS 135/4)    (from Ch. 91 1/2, par. 1704)
7		Sec. 4. (a) Any community mental health or developmental
8		services agency who wishes to develop and support a variety of
9		community-integrated living arrangements may do so pursuant to
10		a license issued by the Department under this Act. However,
11		programs established under or otherwise subject to the Child
12		Care Act of 1969, the Nursing Home Care Act, the Specialized
13		Mental Health Rehabilitation Act of 2013, the ID/DD Community
14		Care Act, or the MC/DD Act, as now or hereafter amended, shall
15		remain subject thereto, and this Act shall not be construed to
16		limit the application of those Acts.
17		(b) The system of licensure established under this Act
18		shall be for the purposes of:
19		(1) ensuring that all recipients residing in
20		community-integrated living arrangements are receiving
21		appropriate community-based services, including
22		treatment, training and habilitation or rehabilitation;
23		(2) ensuring that recipients' rights are protected and
24		that all programs provided to and placements arranged for
25		recipients comply with this Act, the Mental Health and

HB3078 Engrossed - 52 - LRB104 10923 KTG 21005 b
1		Developmental Disabilities Code, and applicable Department
2		rules and regulations;
3		(3) maintaining the integrity of communities by
4		requiring regular monitoring and inspection of placements
5		and other services provided in community-integrated living
6		arrangements.
7		The licensure system shall be administered by a quality
8		assurance unit within the Department which shall be
9		administratively independent of units responsible for funding
10		of agencies or community services.
11		(c) As a condition of being licensed by the Department as a
12		community mental health or developmental services agency under
13		this Act, the agency shall certify to the Department that:
14		(1) all recipients residing in community-integrated
15		living arrangements are receiving appropriate
16		community-based services, including treatment, training
17		and habilitation or rehabilitation;
18		(2) all programs provided to and placements arranged
19		for recipients are supervised by the agency; and
20		(3) all programs provided to and placements arranged
21		for recipients comply with this Act, the Mental Health and
22		Developmental Disabilities Code, and applicable Department
23		rules and regulations.
24		(c-5) Each developmental services agency licensed under
25		this Act shall submit an annual report to the Department, as a
26		contractual requirement between the Department and the

HB3078 Engrossed - 53 - LRB104 10923 KTG 21005 b
1		developmental services agency, certifying that all
2		legislatively or administratively mandated wage increases to
3		benefit workers are passed through in accordance with the
4		legislative or administrative mandate. The Department shall
5		determine the manner and form of the annual report.
6		(d) An applicant for licensure as a community mental
7		health or developmental services agency under this Act shall
8		submit an application pursuant to the application process
9		established by the Department by rule and shall pay an
10		application fee in an amount established by the Department,
11		which amount shall not be more than $200.
12		(e) If an applicant meets the requirements established by
13		the Department to be licensed as a community mental health or
14		developmental services agency under this Act, after payment of
15		the licensing fee, the Department shall issue a license valid
16		for 3 years from the date thereof unless suspended or revoked
17		by the Department or voluntarily surrendered by the agency.
18		(f) Upon application to the Department, the Department may
19		issue a temporary permit to an applicant for up to a 2-year
20		period to allow the holder of such permit reasonable time to
21		become eligible for a license under this Act.
22		(g)(1) The Department may conduct site visits to an agency
23		licensed under this Act, or to any program or placement
24		certified by the agency, and inspect the records or premises,
25		or both, of such agency, program or placement as it deems
26		appropriate, for the purpose of determining compliance with

HB3078 Engrossed - 54 - LRB104 10923 KTG 21005 b
1		this Act, the Mental Health and Developmental Disabilities
2		Code, and applicable Department rules and regulations. The
3		Department shall conduct inspections of the records and
4		premises of each community-integrated living arrangement
5		certified under this Act at least once every 2 years.
6		(2) If the Department determines that an agency licensed
7		under this Act is not in compliance with this Act or the rules
8		and regulations promulgated under this Act, the Department
9		shall serve a notice of violation upon the licensee. Each
10		notice of violation shall be prepared in writing and shall
11		specify the nature of the violation, the statutory provision
12		or rule alleged to have been violated, and that the licensee
13		submit a plan of correction to the Department if required. The
14		notice shall also inform the licensee of any other action
15		which the Department might take pursuant to this Act and of the
16		right to a hearing.
17		(g-5) As determined by the Department, a disproportionate
18		number or percentage of licensure complaints; a
19		disproportionate number or percentage of substantiated cases
20		of abuse, neglect, or exploitation involving an agency; an
21		apparent unnatural death of an individual served by an agency;
22		any egregious or life-threatening abuse or neglect within an
23		agency; or any other significant event as determined by the
24		Department shall initiate a review of the agency's license by
25		the Department, as well as a review of its service agreement
26		for funding. The Department shall adopt rules to establish the

HB3078 Engrossed - 55 - LRB104 10923 KTG 21005 b
1		process by which the determination to initiate a review shall
2		be made and the timeframe to initiate a review upon the making
3		of such determination.
4		(h) Upon the expiration of any license issued under this
5		Act, a license renewal application shall be required of and a
6		license renewal fee in an amount established by the Department
7		shall be charged to a community mental health or developmental
8		services agency, provided that such fee shall not be more than
9		$200.
10		(i) A public or private agency, association, partnership,
11		corporation, or organization that has had a license revoked
12		under subsection (b) of Section 6 of this Act may not apply for
13		or possess a license under a different name.
14		(Source: P.A. 102-944, eff. 1-1-23.)
15		(210 ILCS 135/6)    (from Ch. 91 1/2, par. 1706)
16		Sec. 6. (a) The Department shall deny an application for a
17		license, or revoke or refuse to renew the license of a
18		community mental health or developmental services agency, or
19		refuse to issue a license to the holder of a temporary permit,
20		if the Department determines that the applicant, agency or
21		permit holder has not complied with a provision of this Act,
22		the Mental Health and Developmental Disabilities Code, or
23		applicable Department rules and regulations. Specific grounds
24		for denial or revocation of a license, or refusal to renew a
25		license or to issue a license to the holder of a temporary

HB3078 Engrossed - 56 - LRB104 10923 KTG 21005 b
1		permit, shall include but not be limited to:
2		(1) Submission of false information either on
3		Department licensure forms or during an inspection;
4		(2) Refusal to allow an inspection to occur;
5		(3) Violation of this Act or rules and regulations
6		promulgated under this Act;
7		(4) Violation of the rights of a recipient;
8		(5) Failure to submit or implement a plan of
9		correction within the specified time period; or
10		(6) Failure to submit a workplace violence prevention
11		plan in compliance with the Health Care Workplace Violence
12		Prevention Act.
13		(b) If the Department determines that the operation of a
14		community mental health or developmental services agency or
15		one or more of the programs or placements certified by the
16		agency under this Act jeopardizes the health, safety or
17		welfare of the recipients served by the agency, the Department
18		may immediately revoke the agency's license and may direct the
19		agency to withdraw recipients from any such program or
20		placement. If an agency's license is revoked under this
21		subsection, then the Department or the Department's agents
22		shall have unimpeded, immediate, and full access to the
23		recipients served by that agency and the recipients'
24		medications, records, and personal possessions in order to
25		ensure a timely, safe, and smooth transition of those
26		individuals from the program or placement.

HB3078 Engrossed - 57 - LRB104 10923 KTG 21005 b
1		(c) Upon revocation of an agency's license under
2		subsection (b) of this Section, the agency shall continue
3		providing for the health, safety, and welfare of the
4		individuals that the agency was serving at the time the
5		agency's license was revoked during the period of transition.
6		The private, not-for-profit corporation designated by the
7		Governor to administer the State plan to protect and advocate
8		for the rights of persons with developmental disabilities
9		under Section 1 of the Protection and Advocacy for Persons
10		with Developmental Disabilities Act, contingent on State
11		funding from the Department, shall have unimpeded, immediate,
12		and full access to recipients and recipients' guardians to
13		inform them of the recipients' and recipients' guardians'
14		rights and options during the revocation and transition
15		process.
16		(d) The Office of Inspector General of the Department of
17		Human Services shall continue to have jurisdiction over an
18		agency and the individuals it served at the time the agency's
19		license was revoked for up to one year after the date that the
20		license was revoked.
21		(Source: P.A. 100-313, eff. 8-24-17.)
22		(210 ILCS 135/8)    (from Ch. 91 1/2, par. 1708)
23		Sec. 8. (a) Any community mental health or developmental
24		services agency that continues to operate after its license is
25		revoked under this Act, or after its license expires and the

HB3078 Engrossed - 58 - LRB104 10923 KTG 21005 b
1		Department refuses to renew the license, is guilty of a
2		business offense and shall be fined an amount in excess of $500
3		but not exceeding $2,000, and each day of violation is a
4		separate offense. All fines shall be paid to the Mental Health
5		Fund.
6		(b) Whenever the Department is advised or has reason to
7		believe that any person, group of persons, association,
8		partnership or corporation is operating an agency without a
9		license or permit in violation of this Act, the Department may
10		investigate to ascertain the facts, may notify the person or
11		other entity that he is in violation of this Act, and may make
12		referrals to appropriate investigatory or law enforcement
13		agencies. Any person, group of persons, association,
14		partnership or corporation who continues to operate a
15		community mental health or developmental services agency as
16		defined in subsection (b) of Section 3 of this Act without a
17		license or temporary permit issued by the Department, after
18		receiving notice from the Department that such operation is in
19		violation of this Act, shall be guilty of a business offense
20		and shall be fined an amount in excess of $500 but not
21		exceeding $2,000, and each day of operation after receiving
22		such notice is a separate offense. All fines shall be paid to
23		the Mental Health Fund.
24		(Source: P.A. 85-1250.)
25		(210 ILCS 135/10)    (from Ch. 91 1/2, par. 1710)

HB3078 Engrossed - 59 - LRB104 10923 KTG 21005 b
1		Sec. 10. Community integration.
2		(a) Community-integrated living arrangements shall be
3		located so as to enable residents to participate in and be
4		integrated into their community or neighborhood. The location
5		of such arrangements shall promote community integration of
6		persons with developmental mental disabilities.
7		(b) Beginning January 1, 1990, no Department of State
8		government, as defined in the Civil Administrative Code of
9		Illinois, shall place any person in or utilize any services of
10		a community-integrated living arrangement which is not
11		certified by an agency under this Act.
12		(Source: P.A. 100-602, eff. 7-13-18.)
13		Section 20. The Health Care Worker Background Check Act is
14		amended by changing Section 15 as follows:
15		(225 ILCS 46/15)
16		Sec. 15. Definitions. In this Act:
17		"Applicant" means an individual enrolling in a training
18		program, seeking employment, whether paid or on a volunteer
19		basis, with a health care employer who has received a bona fide
20		conditional offer of employment.
21		"Conditional offer of employment" means a bona fide offer
22		of employment by a health care employer to an applicant, which
23		is contingent upon the receipt of a report from the Department
24		of Public Health indicating that the applicant does not have a

HB3078 Engrossed - 60 - LRB104 10923 KTG 21005 b
1		record of conviction of any of the criminal offenses
2		enumerated in Section 25.
3		"Department" means the Department of Public Health.
4		"Direct care" means the provision of nursing care or
5		assistance with feeding, dressing, movement, bathing,
6		toileting, or other personal needs, including home services as
7		defined in the Home Health, Home Services, and Home Nursing
8		Agency Licensing Act.
9		The entity responsible for inspecting and licensing,
10		certifying, or registering the health care employer may, by
11		administrative rule, prescribe guidelines for interpreting
12		this definition with regard to the health care employers that
13		it licenses.
14		"Director" means the Director of Public Health.
15		"Disqualifying offenses" means those offenses set forth in
16		Section 25 of this Act.
17		"Employee" means any individual hired, employed, or
18		retained, whether paid or on a volunteer basis, to which this
19		Act applies.
20		"Finding" means the Department's determination of whether
21		an allegation is verified and substantiated.
22		"Fingerprint-based criminal history records check" means a
23		livescan fingerprint-based criminal history records check
24		submitted as a fee applicant inquiry in the form and manner
25		prescribed by the Illinois State Police.
26		"Health care employer" means:

HB3078 Engrossed - 61 - LRB104 10923 KTG 21005 b
1		(1) the owner or licensee of any of the following:
2		(i) a community living facility, as defined in the
3		Community Living Facilities Licensing Act;
4		(ii) a life care facility, as defined in the Life
5		Care Facilities Act;
6		(iii) a long-term care facility;
7		(iv) a home health agency, home services agency,
8		or home nursing agency as defined in the Home Health,
9		Home Services, and Home Nursing Agency Licensing Act;
10		(v) a hospice care program or volunteer hospice
11		program, as defined in the Hospice Program Licensing
12		Act;
13		(vi) a hospital, as defined in the Hospital
14		Licensing Act;
15		(vii) (blank);
16		(viii) a nurse agency, as defined in the Nurse
17		Agency Licensing Act;
18		(ix) a respite care provider, as defined in the
19		Respite Program Act;
20		(ix-a) an establishment licensed under the
21		Assisted Living and Shared Housing Act;
22		(x) a supportive living program, as defined in the
23		Illinois Public Aid Code;
24		(xi) early childhood intervention programs as
25		described in 59 Ill. Adm. Code 121;
26		(xii) the University of Illinois Hospital,

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1		Chicago;
2		(xiii) programs funded by the Department on Aging
3		through the Community Care Program;
4		(xiv) programs certified to participate in the
5		Supportive Living Program authorized pursuant to
6		Section 5-5.01a of the Illinois Public Aid Code;
7		(xv) programs listed by the Emergency Medical
8		Services (EMS) Systems Act as Freestanding Emergency
9		Centers;
10		(xvi) locations licensed under the Alternative
11		Health Care Delivery Act;
12		(2) a day training program certified by the Department
13		of Human Services;
14		(3) a community integrated living arrangement operated
15		by a community mental health and developmental service
16		agency, as defined in the Community-Integrated Living
17		Arrangements Licensure and Certification Act;
18		(4) the State Long Term Care Ombudsman Program,
19		including any regional long term care ombudsman programs
20		under Section 4.04 of the Illinois Act on the Aging, only
21		for the purpose of securing background checks;
22		(5) the Department of Corrections or a third-party
23		vendor employing certified nursing assistants working with
24		the Department of Corrections;
25		(6) a financial management services entity contracted
26		with the Department of Human Services, Division of

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1		Developmental Disabilities, which is not the employer of
2		personal support workers but supports individuals
3		receiving participant directed services, to administer the
4		individuals' employer authority. A financial management
5		services entity assists participants in completing
6		background check requirements, collecting and processing
7		time sheets for support workers, and processing payroll,
8		withholding, filing, and payment of applicable federal,
9		State, and local employment-related taxes and insurance;
10		or
11		(7) a Comprehensive Community Mental Health Center
12		certified by the Department of Human Services.
13		"Initiate" means obtaining from a student, applicant, or
14		employee his or her social security number, demographics, a
15		disclosure statement, and an authorization for the Department
16		of Public Health or its designee to request a
17		fingerprint-based criminal history records check; transmitting
18		this information electronically to the Department of Public
19		Health; conducting Internet searches on certain web sites,
20		including without limitation the Illinois Sex Offender
21		Registry, the Department of Corrections' Sex Offender Search
22		Engine, the Department of Corrections' Inmate Search Engine,
23		the Department of Corrections Wanted Fugitives Search Engine,
24		the National Sex Offender Public Registry, and the List of
25		Excluded Individuals and Entities database on the website of
26		the Health and Human Services Office of Inspector General to

HB3078 Engrossed - 64 - LRB104 10923 KTG 21005 b
1		determine if the applicant has been adjudicated a sex
2		offender, has been a prison inmate, or has committed Medicare
3		or Medicaid fraud, or conducting similar searches as defined
4		by rule; and having the student, applicant, or employee's
5		fingerprints collected and transmitted electronically to the
6		Illinois State Police.
7		"Livescan vendor" means an entity whose equipment has been
8		certified by the Illinois State Police to collect an
9		individual's demographics and inkless fingerprints and, in a
10		manner prescribed by the Illinois State Police and the
11		Department of Public Health, electronically transmit the
12		fingerprints and required data to the Illinois State Police
13		and a daily file of required data to the Department of Public
14		Health. The Department of Public Health shall negotiate a
15		contract with one or more vendors that effectively demonstrate
16		that the vendor has 2 or more years of experience transmitting
17		fingerprints electronically to the Illinois State Police and
18		that the vendor can successfully transmit the required data in
19		a manner prescribed by the Department of Public Health. Vendor
20		authorization may be further defined by administrative rule.
21		"Long-term care facility" means a facility licensed by the
22		State or certified under federal law as a long-term care
23		facility, including without limitation facilities licensed
24		under the Nursing Home Care Act, the Specialized Mental Health
25		Rehabilitation Act of 2013, the ID/DD Community Care Act, or
26		the MC/DD Act, a supportive living facility, an assisted

HB3078 Engrossed - 65 - LRB104 10923 KTG 21005 b
1		living establishment, or a shared housing establishment or
2		registered as a board and care home.
3		"Resident" means a person, individual, or patient under
4		the direct care of a health care employer or who has been
5		provided goods or services by a health care employer.
6		(Source: P.A. 102-226, eff. 7-30-21; 102-503, eff. 8-20-21;
7		102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 103-303, eff.
8		1-1-24; 103-1032, eff. 1-1-25.)
9		Section 23. The Department of Early Childhood Act is
10		amended by changing Section 10-65 as follows:
11		(325 ILCS 3/10-65)
12		Sec. 10-65. Individualized Family Service Plans.
13		(a) Each eligible infant or toddler and that infant's or
14		toddler's family shall receive:
15		(1) timely, comprehensive, multidisciplinary
16		assessment of the unique strengths and needs of each
17		eligible infant and toddler, and assessment of the
18		concerns and priorities of the families to appropriately
19		assist them in meeting their needs and identify supports
20		and services to meet those needs; and
21		(2) a written Individualized Family Service Plan
22		developed by a multidisciplinary team which includes the
23		parent or guardian. The individualized family service plan
24		shall be based on the multidisciplinary team's assessment

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1		of the resources, priorities, and concerns of the family
2		and its identification of the supports and services
3		necessary to enhance the family's capacity to meet the
4		developmental needs of the infant or toddler, and shall
5		include the identification of services appropriate to meet
6		those needs, including the frequency, intensity, and
7		method of delivering services. During and as part of the
8		initial development of the individualized family services
9		plan, and any periodic reviews of the plan, the
10		multidisciplinary team may seek consultation from the lead
11		agency's designated experts, if any, to help determine
12		appropriate services and the frequency and intensity of
13		those services. All services in the individualized family
14		services plan must be justified by the multidisciplinary
15		assessment of the unique strengths and needs of the infant
16		or toddler and must be appropriate to meet those needs. At
17		the periodic reviews, the team shall determine whether
18		modification or revision of the outcomes or services is
19		necessary.
20		(b) The Individualized Family Service Plan shall be
21		evaluated once a year and the family shall be provided a review
22		of the Plan at 6-month intervals or more often where
23		appropriate based on infant or toddler and family needs. The
24		lead agency shall create a quality review process regarding
25		Individualized Family Service Plan development and changes
26		thereto, to monitor and help ensure that resources are being

HB3078 Engrossed - 67 - LRB104 10923 KTG 21005 b
1		used to provide appropriate early intervention services.
2		(c) The initial evaluation and initial assessment and
3		initial Plan meeting must be held within 45 days after the
4		initial contact with the early intervention services system.
5		The 45-day timeline does not apply for any period when the
6		child or parent is unavailable to complete the initial
7		evaluation, the initial assessments of the child and family,
8		or the initial Plan meeting, due to exceptional family
9		circumstances that are documented in the child's early
10		intervention records, or when the parent has not provided
11		consent for the initial evaluation or the initial assessment
12		of the child despite documented, repeated attempts to obtain
13		parental consent. As soon as exceptional family circumstances
14		no longer exist or parental consent has been obtained, the
15		initial evaluation, the initial assessment, and the initial
16		Plan meeting must be completed as soon as possible. With
17		parental consent, early intervention services may commence
18		before the completion of the comprehensive assessment and
19		development of the Plan. All early intervention services shall
20		be initiated as soon as possible but not later than 30 calendar
21		days after the consent of the parent or guardian has been
22		obtained for the individualized family service plan, in
23		accordance with rules adopted by the lead agency.
24		(d) Parents must be informed that early intervention
25		services shall be provided to each eligible infant and
26		toddler, to the maximum extent appropriate, in the natural

HB3078 Engrossed - 68 - LRB104 10923 KTG 21005 b
1		environment, which may include the home or other community
2		settings. Parents must also be informed of the availability of
3		early intervention services provided through telehealth
4		services. Parents shall make the final decision to accept or
5		decline early intervention services, including whether
6		accepted services are delivered in person or via telehealth
7		services. A decision to decline such services shall not be a
8		basis for administrative determination of parental fitness, or
9		other findings or sanctions against the parents. Parameters of
10		the Plan shall be set forth in rules.
11		(e) The regional intake offices shall explain to each
12		family, orally and in writing, all of the following:
13		(1) That the early intervention program will pay for
14		all early intervention services set forth in the
15		individualized family service plan that are not covered or
16		paid under the family's public or private insurance plan
17		or policy and not eligible for payment through any other
18		third party payor.
19		(2) That services will not be delayed due to any rules
20		or restrictions under the family's insurance plan or
21		policy.
22		(3) That the family may request, with appropriate
23		documentation supporting the request, a determination of
24		an exemption from private insurance use under Section
25		10-100.
26		(4) That responsibility for co-payments or

HB3078 Engrossed - 69 - LRB104 10923 KTG 21005 b
1		co-insurance under a family's private insurance plan or
2		policy will be transferred to the lead agency's central
3		billing office.
4		(5) That families will be responsible for payments of
5		family fees, which will be based on a sliding scale
6		according to the State's definition of ability to pay
7		which is comparing household size and income to the
8		sliding scale and considering out-of-pocket medical or
9		disaster expenses, and that these fees are payable to the
10		central billing office. Families who fail to provide
11		income information shall be charged the maximum amount on
12		the sliding scale.
13		(f) The individualized family service plan must state
14		whether the family has private insurance coverage and, if the
15		family has such coverage, must have attached to it a copy of
16		the family's insurance identification card or otherwise
17		include all of the following information:
18		(1) The name, address, and telephone number of the
19		insurance carrier.
20		(2) The contract number and policy number of the
21		insurance plan.
22		(3) The name, address, and social security number of
23		the primary insured.
24		(4) The beginning date of the insurance benefit year.
25		(g) A copy of the individualized family service plan must
26		be provided to each enrolled provider who is providing early

HB3078 Engrossed - 70 - LRB104 10923 KTG 21005 b
1		intervention services to the child who is the subject of that
2		plan.
3		(h) Children receiving services under this Act shall
4		receive a smooth and effective transition by their third
5		birthday consistent with federal regulations adopted pursuant
6		to Sections 1431 through 1444 of Title 20 of the United States
7		Code. On and after the effective date of this amendatory Act of
8		the 104th General Assembly Beginning January 1, 2022, children
9		who receive early intervention services prior to their third
10		birthday, who have been found eligible for early childhood
11		special education services under the Individuals with
12		Disabilities Education Act, 20 U.S.C. 1414(d)(1)(A), and this
13		Section, who have an individualized education program
14		developed and are found eligible for an individualized
15		education program under the Individuals with Disabilities
16		Education Act, 20 U.S.C. 1414(d)(1)(A), and under Section
17		14-8.02 of the School Code, and whose birthday falls between
18		May 1 and August 31 may continue to receive early intervention
19		services until the beginning of the school year following
20		their third birthday in order to minimize gaps in services,
21		ensure better continuity of care, and align practices for the
22		enrollment of preschool children with special needs to the
23		enrollment practices of typically developing preschool
24		children.
25		(Source: P.A. 103-594, eff. 6-25-24.)

HB3078 Engrossed - 71 - LRB104 10923 KTG 21005 b
1		Section 25. The Early Intervention Services System Act is
2		amended by changing Section 11 as follows:
3		(325 ILCS 20/11)    (from Ch. 23, par. 4161)
4		(Section scheduled to be repealed on July 1, 2026)
5		Sec. 11. Individualized Family Service Plans.
6		(a) Each eligible infant or toddler and that infant's or
7		toddler's family shall receive:
8		(1) timely, comprehensive, multidisciplinary
9		assessment of the unique strengths and needs of each
10		eligible infant and toddler, and assessment of the
11		concerns and priorities of the families to appropriately
12		assist them in meeting their needs and identify supports
13		and services to meet those needs; and
14		(2) a written Individualized Family Service Plan
15		developed by a multidisciplinary team which includes the
16		parent or guardian. The individualized family service plan
17		shall be based on the multidisciplinary team's assessment
18		of the resources, priorities, and concerns of the family
19		and its identification of the supports and services
20		necessary to enhance the family's capacity to meet the
21		developmental needs of the infant or toddler, and shall
22		include the identification of services appropriate to meet
23		those needs, including the frequency, intensity, and
24		method of delivering services. During and as part of the
25		initial development of the individualized family services

HB3078 Engrossed - 72 - LRB104 10923 KTG 21005 b
1		plan, and any periodic reviews of the plan, the
2		multidisciplinary team may seek consultation from the lead
3		agency's designated experts, if any, to help determine
4		appropriate services and the frequency and intensity of
5		those services. All services in the individualized family
6		services plan must be justified by the multidisciplinary
7		assessment of the unique strengths and needs of the infant
8		or toddler and must be appropriate to meet those needs. At
9		the periodic reviews, the team shall determine whether
10		modification or revision of the outcomes or services is
11		necessary.
12		(b) The Individualized Family Service Plan shall be
13		evaluated once a year and the family shall be provided a review
14		of the Plan at 6-month intervals or more often where
15		appropriate based on infant or toddler and family needs. The
16		lead agency shall create a quality review process regarding
17		Individualized Family Service Plan development and changes
18		thereto, to monitor and help ensure that resources are being
19		used to provide appropriate early intervention services.
20		(c) The initial evaluation and initial assessment and
21		initial Plan meeting must be held within 45 days after the
22		initial contact with the early intervention services system.
23		The 45-day timeline does not apply for any period when the
24		child or parent is unavailable to complete the initial
25		evaluation, the initial assessments of the child and family,
26		or the initial Plan meeting, due to exceptional family

HB3078 Engrossed - 73 - LRB104 10923 KTG 21005 b
1		circumstances that are documented in the child's early
2		intervention records, or when the parent has not provided
3		consent for the initial evaluation or the initial assessment
4		of the child despite documented, repeated attempts to obtain
5		parental consent. As soon as exceptional family circumstances
6		no longer exist or parental consent has been obtained, the
7		initial evaluation, the initial assessment, and the initial
8		Plan meeting must be completed as soon as possible. With
9		parental consent, early intervention services may commence
10		before the completion of the comprehensive assessment and
11		development of the Plan. All early intervention services shall
12		be initiated as soon as possible but not later than 30 calendar
13		days after the consent of the parent or guardian has been
14		obtained for the individualized family service plan, in
15		accordance with rules adopted by the Department of Human
16		Services.
17		(d) Parents must be informed that early intervention
18		services shall be provided to each eligible infant and
19		toddler, to the maximum extent appropriate, in the natural
20		environment, which may include the home or other community
21		settings. Parents must also be informed of the availability of
22		early intervention services provided through telehealth
23		services. Parents shall make the final decision to accept or
24		decline early intervention services, including whether
25		accepted services are delivered in person or via telehealth
26		services. A decision to decline such services shall not be a

HB3078 Engrossed - 74 - LRB104 10923 KTG 21005 b
1		basis for administrative determination of parental fitness, or
2		other findings or sanctions against the parents. Parameters of
3		the Plan shall be set forth in rules.
4		(e) The regional intake offices shall explain to each
5		family, orally and in writing, all of the following:
6		(1) That the early intervention program will pay for
7		all early intervention services set forth in the
8		individualized family service plan that are not covered or
9		paid under the family's public or private insurance plan
10		or policy and not eligible for payment through any other
11		third party payor.
12		(2) That services will not be delayed due to any rules
13		or restrictions under the family's insurance plan or
14		policy.
15		(3) That the family may request, with appropriate
16		documentation supporting the request, a determination of
17		an exemption from private insurance use under Section
18		13.25.
19		(4) That responsibility for co-payments or
20		co-insurance under a family's private insurance plan or
21		policy will be transferred to the lead agency's central
22		billing office.
23		(5) That families will be responsible for payments of
24		family fees, which will be based on a sliding scale
25		according to the State's definition of ability to pay
26		which is comparing household size and income to the

HB3078 Engrossed - 75 - LRB104 10923 KTG 21005 b
1		sliding scale and considering out-of-pocket medical or
2		disaster expenses, and that these fees are payable to the
3		central billing office. Families who fail to provide
4		income information shall be charged the maximum amount on
5		the sliding scale.
6		(f) The individualized family service plan must state
7		whether the family has private insurance coverage and, if the
8		family has such coverage, must have attached to it a copy of
9		the family's insurance identification card or otherwise
10		include all of the following information:
11		(1) The name, address, and telephone number of the
12		insurance carrier.
13		(2) The contract number and policy number of the
14		insurance plan.
15		(3) The name, address, and social security number of
16		the primary insured.
17		(4) The beginning date of the insurance benefit year.
18		(g) A copy of the individualized family service plan must
19		be provided to each enrolled provider who is providing early
20		intervention services to the child who is the subject of that
21		plan.
22		(h) Children receiving services under this Act shall
23		receive a smooth and effective transition by their third
24		birthday consistent with federal regulations adopted pursuant
25		to Sections 1431 through 1444 of Title 20 of the United States
26		Code. On and after the effective date of this amendatory Act of

HB3078 Engrossed - 76 - LRB104 10923 KTG 21005 b
1		the 104th General Assembly Beginning January 1, 2022, children
2		who receive early intervention services prior to their third
3		birthday, who have been found eligible for early childhood
4		special education services under the Individuals with
5		Disabilities Education Act, 20 U.S.C. 1414(d)(1)(A), and this
6		Section, who have an individualized education program
7		developed and are found eligible for an individualized
8		education program under the Individuals with Disabilities
9		Education Act, 20 U.S.C. 1414(d)(1)(A), and under Section
10		14-8.02 of the School Code, and whose birthday falls between
11		May 1 and August 31 may continue to receive early intervention
12		services until the beginning of the school year following
13		their third birthday in order to minimize gaps in services,
14		ensure better continuity of care, and align practices for the
15		enrollment of preschool children with special needs to the
16		enrollment practices of typically developing preschool
17		children.
18		(Source: P.A. 101-654, eff. 3-8-21; 102-104, eff. 7-22-21;
19		102-209, eff. 11-30-21 (See Section 5 of P.A. 102-671 for
20		effective date of P.A. 102-209); 102-813, eff. 5-13-22;
21		102-962, eff. 7-1-22.)
22		Section 30. The Mental Health and Developmental
23		Disabilities Code is amended by changing Sections 1-122,
24		6-103, 6-103.2, and 6-103.3 and by adding Section 1-120.1 as
25		follows:

HB3078 Engrossed - 77 - LRB104 10923 KTG 21005 b
1		(405 ILCS 5/1-120.1 new)
2		Sec. 1-120.1. Physician assistant. "Physician assistant"
3		means a person who is licensed as a physician assistant under
4		the Physician Assistant Practice Act of 1987 and is authorized
5		to practice under a collaborating physician.
6		(405 ILCS 5/1-122)    (from Ch. 91 1/2, par. 1-122)
7		Sec. 1-122. Qualified examiner. "Qualified examiner" means
8		a person who is:
9		(a) a Clinical social worker as defined in this Act
10		and who is also a licensed clinical social worker licensed
11		under the Clinical Social Work and Social Work Practice
12		Act,
13		(b) a registered nurse with a master's degree in
14		psychiatric nursing who has 3 years of clinical training
15		and experience in the evaluation and treatment of mental
16		illness which has been acquired subsequent to any training
17		and experience which constituted a part of the degree
18		program,
19		(c) a licensed clinical professional counselor with a
20		master's or doctoral degree in counseling or psychology or
21		a similar master's or doctorate program from a regionally
22		accredited institution who has at least 3 years of
23		supervised post-master's clinical professional counseling
24		experience that includes the provision of mental health

HB3078 Engrossed - 78 - LRB104 10923 KTG 21005 b
1		services for the evaluation, treatment, and prevention of
2		mental and emotional disorders, or
3		(d) a licensed marriage and family therapist with a
4		master's or doctoral degree in marriage and family therapy
5		from a regionally accredited educational institution or a
6		similar master's program or from a program accredited by
7		either the Commission on Accreditation for Marriage and
8		Family Therapy or the Commission on Accreditation for
9		Counseling Related Educational Programs, who has at least
10		3 years of supervised post-master's experience as a
11		marriage and family therapist that includes the provision
12		of mental health services for the evaluation, treatment,
13		and prevention of mental and emotional disorders, or .
14		(e) a physician assistant who has 3 years of clinical
15		training and experience in the evaluation and treatment of
16		mental illness which has been acquired subsequent to any
17		training and experience which constituted a part of the
18		degree program.
19		A social worker who is a qualified examiner shall be a
20		licensed clinical social worker under the Clinical Social Work
21		and Social Work Practice Act.
22		(Source: P.A. 96-1357, eff. 1-1-11; 97-333, eff. 8-12-11.)
23		(405 ILCS 5/6-103)    (from Ch. 91 1/2, par. 6-103)
24		Sec. 6-103. (a) All persons acting in good faith and
25		without negligence in connection with the preparation of

HB3078 Engrossed - 79 - LRB104 10923 KTG 21005 b
1		applications, petitions, certificates or other documents, for
2		the apprehension, transportation, examination, treatment,
3		habilitation, detention or discharge of an individual under
4		the provisions of this Act incur no liability, civil or
5		criminal, by reason of such acts.
6		(b) There shall be no liability on the part of, and no
7		cause of action shall arise against, any person who is a
8		physician, clinical psychologist, advanced practice
9		psychiatric nurse, or qualified examiner based upon that
10		person's failure to warn of and protect from a recipient's
11		threatened or actual violent behavior except where the
12		recipient has communicated to the person a serious threat of
13		physical violence against a reasonably identifiable victim or
14		victims. Nothing in this Section shall relieve any employee or
15		director of any residential mental health or developmental
16		disabilities facility from any duty he may have to protect the
17		residents of such a facility from any other resident.
18		(c) Any duty which any person may owe to anyone other than
19		a resident of a mental health and developmental disabilities
20		facility shall be discharged by that person making a
21		reasonable effort to communicate the threat to the victim and
22		to a law enforcement agency, or by a reasonable effort to
23		obtain the hospitalization of the recipient.
24		(d) An act of omission or commission by a peace officer
25		acting in good faith in rendering emergency assistance or
26		otherwise enforcing this Code does not impose civil liability

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1		on the peace officer or his or her supervisor or employer
2		unless the act is a result of willful or wanton misconduct.
3		(Source: P.A. 91-726, eff. 6-2-00.)
4		(405 ILCS 5/6-103.2)
5		Sec. 6-103.2. Developmental disability; notice. If a
6		person 14 years old or older is determined to be a person with
7		a developmental disability by a physician, clinical
8		psychologist, advanced practice psychiatric nurse, or
9		qualified examiner, the physician, clinical psychologist,
10		advanced practice psychiatric nurse, or qualified examiner
11		shall notify the Department of Human Services within 7 days of
12		making the determination that the person has a developmental
13		disability. The Department of Human Services shall immediately
14		update its records and information relating to mental health
15		and developmental disabilities, and if appropriate, shall
16		notify the Illinois State Police in a form and manner
17		prescribed by the Illinois State Police. Information disclosed
18		under this Section shall remain privileged and confidential,
19		and shall not be redisclosed, except as required under
20		subsection (e) of Section 3.1 of the Firearm Owners
21		Identification Card Act, nor used for any other purpose. The
22		method of providing this information shall guarantee that the
23		information is not released beyond that which is necessary for
24		the purpose of this Section and shall be provided by rule by
25		the Department of Human Services. The identity of the person

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1		reporting under this Section shall not be disclosed to the
2		subject of the report.
3		The physician, clinical psychologist, advanced practice
4		psychiatric nurse, or qualified examiner making the
5		determination and his or her employer may not be held
6		criminally, civilly, or professionally liable for making or
7		not making the notification required under this Section,
8		except for willful or wanton misconduct.
9		For purposes of this Section, "developmental disability"
10		means a disability which is attributable to any other
11		condition which results in impairment similar to that caused
12		by an intellectual disability and which requires services
13		similar to those required by intellectually disabled persons.
14		The disability must originate before the age of 18 years, be
15		expected to continue indefinitely, and constitute a
16		substantial disability. This disability results, in the
17		professional opinion of a physician, clinical psychologist,
18		advanced practice psychiatric nurse, or qualified examiner, in
19		significant functional limitations in 3 or more of the
20		following areas of major life activity:
21		(i) self-care;
22		(ii) receptive and expressive language;
23		(iii) learning;
24		(iv) mobility; or
25		(v) self-direction.
26		"Determined to be a person with a developmental disability

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1		by a physician, clinical psychologist, advanced practice
2		psychiatric nurse, or qualified examiner" means in the
3		professional opinion of the physician, clinical psychologist,
4		advanced practice psychiatric nurse, or qualified examiner, a
5		person, with whom the physician, psychologist, nurse, or
6		examiner has a formal relationship in his or her professional
7		or official capacity, is diagnosed, assessed, or evaluated as
8		having a developmental disability.
9		(Source: P.A. 102-538, eff. 8-20-21.)
10		(405 ILCS 5/6-103.3)
11		Sec. 6-103.3. Clear and present danger; notice. If a
12		person is determined to pose a clear and present danger to
13		himself, herself, or to others by a physician, clinical
14		psychologist, advanced practice psychiatric nurse, or
15		qualified examiner, whether employed by the State, by any
16		public or private mental health facility or part thereof, or
17		by a law enforcement official or a school administrator, then
18		the physician, clinical psychologist, advanced practice
19		psychiatric nurse, or qualified examiner shall notify the
20		Department of Human Services and a law enforcement official or
21		school administrator shall notify the Illinois State Police,
22		within 24 hours of making the determination that the person
23		poses a clear and present danger. The Department of Human
24		Services shall immediately update its records and information
25		relating to mental health and developmental disabilities, and

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1		if appropriate, shall notify the Illinois State Police in a
2		form and manner prescribed by the Illinois State Police.
3		Information disclosed under this Section shall remain
4		privileged and confidential, and shall not be redisclosed,
5		except as required under subsection (e) of Section 3.1 of the
6		Firearm Owners Identification Card Act, nor used for any other
7		purpose. The method of providing this information shall
8		guarantee that the information is not released beyond that
9		which is necessary for the purpose of this Section and shall be
10		provided by rule by the Department of Human Services. The
11		identity of the person reporting under this Section shall not
12		be disclosed to the subject of the report. The physician,
13		clinical psychologist, advanced practice psychiatric nurse,
14		qualified examiner, law enforcement official, or school
15		administrator making the determination and his or her employer
16		shall not be held criminally, civilly, or professionally
17		liable for making or not making the notification required
18		under this Section, except for willful or wanton misconduct.
19		This Section does not apply to a law enforcement official, if
20		making the notification under this Section will interfere with
21		an ongoing or pending criminal investigation.
22		For the purposes of this Section:
23		"Clear and present danger" has the meaning ascribed to
24		it in Section 1.1 of the Firearm Owners Identification
25		Card Act.
26		"Determined to pose a clear and present danger to

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1		himself, herself, or to others by a physician, clinical
2		psychologist, advanced practice psychiatric nurse, or
3		qualified examiner" means in the professional opinion of
4		the physician, clinical psychologist, advanced practice
5		psychiatric nurse, or qualified examiner, a person, with
6		whom the physician, psychologist, nurse, or examiner has a
7		formal relationship in his or her official capacity, poses
8		a clear and present danger.
9		"School administrator" means the person required to
10		report under the School Administrator Reporting of Mental
11		Health Clear and Present Danger Determinations Law.
12		(Source: P.A. 102-538, eff. 8-20-21.)
13		Section 35. The Firearm Owners Identification Card Act is
14		amended by changing Sections 1.1, 8, 8.1, and 10 as follows:
15		(430 ILCS 65/1.1)
16		Sec. 1.1. For purposes of this Act:
17		"Addicted to narcotics" means a person who has been:
18		(1) convicted of an offense involving the use or
19		possession of cannabis, a controlled substance, or
20		methamphetamine within the past year; or
21		(2) determined by the Illinois State Police to be
22		addicted to narcotics based upon federal law or federal
23		guidelines.
24		"Addicted to narcotics" does not include possession or use

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1		of a prescribed controlled substance under the direction and
2		authority of a physician or other person authorized to
3		prescribe the controlled substance when the controlled
4		substance is used in the prescribed manner.
5		"Adjudicated as a person with a mental disability" means
6		the person is the subject of a determination by a court, board,
7		commission or other lawful authority that the person, as a
8		result of marked subnormal intelligence, or mental illness,
9		mental impairment, incompetency, condition, or disease:
10		(1) presents a clear and present danger to himself,
11		herself, or to others;
12		(2) lacks the mental capacity to manage his or her own
13		affairs or is adjudicated a person with a disability as
14		defined in Section 11a-2 of the Probate Act of 1975;
15		(3) is not guilty in a criminal case by reason of
16		insanity, mental disease or defect;
17		(3.5) is guilty but mentally ill, as provided in
18		Section 5-2-6 of the Unified Code of Corrections;
19		(4) is incompetent to stand trial in a criminal case;
20		(5) is not guilty by reason of lack of mental
21		responsibility under Articles 50a and 72b of the Uniform
22		Code of Military Justice, 10 U.S.C. 850a, 876b;
23		(6) is a sexually violent person under subsection (f)
24		of Section 5 of the Sexually Violent Persons Commitment
25		Act;
26		(7) is a sexually dangerous person under the Sexually

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1		Dangerous Persons Act;
2		(8) is unfit to stand trial under the Juvenile Court
3		Act of 1987;
4		(9) is not guilty by reason of insanity under the
5		Juvenile Court Act of 1987;
6		(10) is subject to involuntary admission as an
7		inpatient as defined in Section 1-119 of the Mental Health
8		and Developmental Disabilities Code;
9		(11) is subject to involuntary admission as an
10		outpatient as defined in Section 1-119.1 of the Mental
11		Health and Developmental Disabilities Code;
12		(12) is subject to judicial admission as set forth in
13		Section 4-500 of the Mental Health and Developmental
14		Disabilities Code; or
15		(13) is subject to the provisions of the Interstate
16		Agreements on Sexually Dangerous Persons Act.
17		"Advanced practice psychiatric nurse" has the meaning
18		ascribed to that term in Section 1-101.3 of the Mental Health
19		and Developmental Disabilities Code.
20		"Clear and present danger" means a person who:
21		(1) communicates a serious threat of physical violence
22		against a reasonably identifiable victim or poses a clear
23		and imminent risk of serious physical injury to himself,
24		herself, or another person as determined by a physician,
25		clinical psychologist, advanced practice psychiatric
26		nurse, or qualified examiner; or

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1		(2) demonstrates threatening physical or verbal
2		behavior, such as violent, suicidal, or assaultive
3		threats, actions, or other behavior, as determined by a
4		physician, clinical psychologist, advanced practice
5		psychiatric nurse, qualified examiner, school
6		administrator, or law enforcement official.
7		"Clinical psychologist" has the meaning provided in
8		Section 1-103 of the Mental Health and Developmental
9		Disabilities Code.
10		"Controlled substance" means a controlled substance or
11		controlled substance analog as defined in the Illinois
12		Controlled Substances Act.
13		"Counterfeit" means to copy or imitate, without legal
14		authority, with intent to deceive.
15		"Developmental disability" means a severe, chronic
16		disability of an individual that:
17		(1) is attributable to a mental or physical impairment
18		or combination of mental and physical impairments;
19		(2) is manifested before the individual attains age
20		22;
21		(3) is likely to continue indefinitely;
22		(4) results in substantial functional limitations in 3
23		or more of the following areas of major life activity:
24		(A) Self-care.
25		(B) Receptive and expressive language.
26		(C) Learning.

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1		(D) Mobility.
2		(E) Self-direction.
3		(F) Capacity for independent living.
4		(G) Economic self-sufficiency; and
5		(5) reflects the individual's need for a combination
6		and sequence of special, interdisciplinary, or generic
7		services, individualized supports, or other forms of
8		assistance that are of lifelong or extended duration and
9		are individually planned and coordinated.
10		"Federally licensed firearm dealer" means a person who is
11		licensed as a federal firearms dealer under Section 923 of the
12		federal Gun Control Act of 1968 (18 U.S.C. 923).
13		"Firearm" means any device, by whatever name known, which
14		is designed to expel a projectile or projectiles by the action
15		of an explosion, expansion of gas or escape of gas; excluding,
16		however:
17		(1) any pneumatic gun, spring gun, paint ball gun, or
18		B-B gun which expels a single globular projectile not
19		exceeding .18 inch in diameter or which has a maximum
20		muzzle velocity of less than 700 feet per second;
21		(1.1) any pneumatic gun, spring gun, paint ball gun,
22		or B-B gun which expels breakable paint balls containing
23		washable marking colors;
24		(2) any device used exclusively for signaling or
25		safety and required or recommended by the United States
26		Coast Guard or the Interstate Commerce Commission;

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1		(3) any device used exclusively for the firing of stud
2		cartridges, explosive rivets or similar industrial
3		ammunition; and
4		(4) an antique firearm (other than a machine-gun)
5		which, although designed as a weapon, the Illinois State
6		Police finds by reason of the date of its manufacture,
7		value, design, and other characteristics is primarily a
8		collector's item and is not likely to be used as a weapon.
9		"Firearm ammunition" means any self-contained cartridge or
10		shotgun shell, by whatever name known, which is designed to be
11		used or adaptable to use in a firearm; excluding, however:
12		(1) any ammunition exclusively designed for use with a
13		device used exclusively for signaling or safety and
14		required or recommended by the United States Coast Guard
15		or the Interstate Commerce Commission; and
16		(2) any ammunition designed exclusively for use with a
17		stud or rivet driver or other similar industrial
18		ammunition.
19		"Gun show" means an event or function:
20		(1) at which the sale and transfer of firearms is the
21		regular and normal course of business and where 50 or more
22		firearms are displayed, offered, or exhibited for sale,
23		transfer, or exchange; or
24		(2) at which not less than 10 gun show vendors
25		display, offer, or exhibit for sale, sell, transfer, or
26		exchange firearms.

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1		"Gun show" includes the entire premises provided for an
2		event or function, including parking areas for the event or
3		function, that is sponsored to facilitate the purchase, sale,
4		transfer, or exchange of firearms as described in this
5		Section. Nothing in this definition shall be construed to
6		exclude a gun show held in conjunction with competitive
7		shooting events at the World Shooting Complex sanctioned by a
8		national governing body in which the sale or transfer of
9		firearms is authorized under subparagraph (5) of paragraph (g)
10		of subsection (A) of Section 24-3 of the Criminal Code of 2012.
11		Unless otherwise expressly stated, "gun show" does not
12		include training or safety classes, competitive shooting
13		events, such as rifle, shotgun, or handgun matches, trap,
14		skeet, or sporting clays shoots, dinners, banquets, raffles,
15		or any other event where the sale or transfer of firearms is
16		not the primary course of business.
17		"Gun show promoter" means a person who organizes or
18		operates a gun show.
19		"Gun show vendor" means a person who exhibits, sells,
20		offers for sale, transfers, or exchanges any firearms at a gun
21		show, regardless of whether the person arranges with a gun
22		show promoter for a fixed location from which to exhibit,
23		sell, offer for sale, transfer, or exchange any firearm.
24		"Intellectual disability" means significantly subaverage
25		general intellectual functioning, existing concurrently with
26		deficits in adaptive behavior and manifested during the

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1		developmental period, which is defined as before the age of
2		22, that adversely affects a child's educational performance.
3		"Involuntarily admitted" has the meaning as prescribed in
4		Sections 1-119 and 1-119.1 of the Mental Health and
5		Developmental Disabilities Code.
6		"Mental health facility" means any licensed private
7		hospital or hospital affiliate, institution, or facility, or
8		part thereof, and any facility, or part thereof, operated by
9		the State or a political subdivision thereof which provides
10		treatment of persons with mental illness and includes all
11		hospitals, institutions, clinics, evaluation facilities,
12		mental health centers, colleges, universities, long-term care
13		facilities, and nursing homes, or parts thereof, which provide
14		treatment of persons with mental illness whether or not the
15		primary purpose is to provide treatment of persons with mental
16		illness.
17		"National governing body" means a group of persons who
18		adopt rules and formulate policy on behalf of a national
19		firearm sporting organization.
20		"Noncitizen" means a person who is not a citizen of the
21		United States, but is a person who is a foreign-born person who
22		lives in the United States, has not been naturalized, and is
23		still a citizen of a foreign country.
24		"Patient" means:
25		(1) a person who is admitted as an inpatient or
26		resident of a public or private mental health facility for

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1		mental health treatment under Chapter III of the Mental
2		Health and Developmental Disabilities Code as an informal
3		admission, a voluntary admission, a minor admission, an
4		emergency admission, or an involuntary admission, unless
5		the treatment was solely for an alcohol abuse disorder; or
6		(2) a person who voluntarily or involuntarily receives
7		mental health treatment as an out-patient or is otherwise
8		provided services by a public or private mental health
9		facility and who poses a clear and present danger to
10		himself, herself, or others.
11		"Physician" has the meaning as defined in Section 1-120 of
12		the Mental Health and Developmental Disabilities Code.
13		"Protective order" means any orders of protection issued
14		under the Illinois Domestic Violence Act of 1986, stalking no
15		contact orders issued under the Stalking No Contact Order Act,
16		civil no contact orders issued under the Civil No Contact
17		Order Act, and firearms restraining orders issued under the
18		Firearms Restraining Order Act or a substantially similar
19		order issued by the court of another state, tribe, or United
20		States territory or military judge.
21		"Qualified examiner" has the meaning provided in Section
22		1-122 of the Mental Health and Developmental Disabilities
23		Code.
24		"Sanctioned competitive shooting event" means a shooting
25		contest officially recognized by a national or state shooting
26		sport association, and includes any sight-in or practice

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1		conducted in conjunction with the event.
2		"School administrator" means the person required to report
3		under the School Administrator Reporting of Mental Health
4		Clear and Present Danger Determinations Law.
5		"Stun gun or taser" has the meaning ascribed to it in
6		Section 24-1 of the Criminal Code of 2012.
7		(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
8		102-813, eff. 5-13-22; 102-890, eff. 5-19-22; 102-972, eff.
9		1-1-23; 102-1030, eff. 5-27-22; 103-154, eff. 6-30-23;
10		103-407, eff. 7-28-23.)
11		(430 ILCS 65/8)    (from Ch. 38, par. 83-8)
12		Sec. 8. Grounds for denial and revocation. The Illinois
13		State Police has authority to deny an application for or to
14		revoke and seize a Firearm Owner's Identification Card
15		previously issued under this Act only if the Illinois State
16		Police finds that the applicant or the person to whom such card
17		was issued is or was at the time of issuance:
18		(a) A person under 21 years of age who has been
19		convicted of a misdemeanor other than a traffic offense or
20		adjudged delinquent;
21		(b) This subsection (b) applies through the 180th day
22		following July 12, 2019 (the effective date of Public Act
23		101-80). A person under 21 years of age who does not have
24		the written consent of his parent or guardian to acquire
25		and possess firearms and firearm ammunition, or whose

HB3078 Engrossed - 94 - LRB104 10923 KTG 21005 b
1		parent or guardian has revoked such written consent, or
2		where such parent or guardian does not qualify to have a
3		Firearm Owner's Identification Card;
4		(b-5) This subsection (b-5) applies on and after the
5		181st day following July 12, 2019 (the effective date of
6		Public Act 101-80). A person under 21 years of age who is
7		not an active duty member of the United States Armed
8		Forces or the Illinois National Guard and does not have
9		the written consent of his or her parent or guardian to
10		acquire and possess firearms and firearm ammunition, or
11		whose parent or guardian has revoked such written consent,
12		or where such parent or guardian does not qualify to have a
13		Firearm Owner's Identification Card;
14		(c) A person convicted of a felony under the laws of
15		this or any other jurisdiction;
16		(d) A person addicted to narcotics;
17		(e) A person who has been a patient of a mental health
18		facility within the past 5 years or a person who has been a
19		patient in a mental health facility more than 5 years ago
20		who has not received the certification required under
21		subsection (u) of this Section. An active law enforcement
22		officer employed by a unit of government or a Department
23		of Corrections employee authorized to possess firearms who
24		is denied, revoked, or has his or her Firearm Owner's
25		Identification Card seized under this subsection (e) may
26		obtain relief as described in subsection (c-5) of Section

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1		10 of this Act if the officer or employee did not act in a
2		manner threatening to the officer or employee, another
3		person, or the public as determined by the treating
4		clinical psychologist or physician, and the officer or
5		employee seeks mental health treatment;
6		(f) A person whose mental condition is of such a
7		nature that it poses a clear and present danger to the
8		applicant, any other person or persons, or the community;
9		(g) A person who has an intellectual disability;
10		(h) A person who intentionally makes a false statement
11		in the Firearm Owner's Identification Card application or
12		endorsement affidavit;
13		(i) A noncitizen who is unlawfully present in the
14		United States under the laws of the United States;
15		(i-5) A noncitizen who has been admitted to the United
16		States under a non-immigrant visa (as that term is defined
17		in Section 101(a)(26) of the Immigration and Nationality
18		Act (8 U.S.C. 1101(a)(26))), except that this subsection
19		(i-5) does not apply to any noncitizen who has been
20		lawfully admitted to the United States under a
21		non-immigrant visa if that noncitizen is:
22		(1) admitted to the United States for lawful
23		hunting or sporting purposes;
24		(2) an official representative of a foreign
25		government who is:
26		(A) accredited to the United States Government

HB3078 Engrossed - 96 - LRB104 10923 KTG 21005 b
1		or the Government's mission to an international
2		organization having its headquarters in the United
3		States; or
4		(B) en route to or from another country to
5		which that noncitizen is accredited;
6		(3) an official of a foreign government or
7		distinguished foreign visitor who has been so
8		designated by the Department of State;
9		(4) a foreign law enforcement officer of a
10		friendly foreign government entering the United States
11		on official business; or
12		(5) one who has received a waiver from the
13		Attorney General of the United States pursuant to 18
14		U.S.C. 922(y)(3);
15		(j) (Blank);
16		(k) A person who has been convicted within the past 5
17		years of battery, assault, aggravated assault, violation
18		of an order of protection, or a substantially similar
19		offense in another jurisdiction, in which a firearm was
20		used or possessed;
21		(l) A person who has been convicted of domestic
22		battery, aggravated domestic battery, or a substantially
23		similar offense in another jurisdiction committed before,
24		on or after January 1, 2012 (the effective date of Public
25		Act 97-158). If the applicant or person who has been
26		previously issued a Firearm Owner's Identification Card

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1		under this Act knowingly and intelligently waives the
2		right to have an offense described in this paragraph (l)
3		tried by a jury, and by guilty plea or otherwise, results
4		in a conviction for an offense in which a domestic
5		relationship is not a required element of the offense but
6		in which a determination of the applicability of 18 U.S.C.
7		922(g)(9) is made under Section 112A-11.1 of the Code of
8		Criminal Procedure of 1963, an entry by the court of a
9		judgment of conviction for that offense shall be grounds
10		for denying an application for and for revoking and
11		seizing a Firearm Owner's Identification Card previously
12		issued to the person under this Act;
13		(m) (Blank);
14		(n) A person who is prohibited from acquiring or
15		possessing firearms or firearm ammunition by any Illinois
16		State statute or by federal law;
17		(o) A minor subject to a petition filed under Section
18		5-520 of the Juvenile Court Act of 1987 alleging that the
19		minor is a delinquent minor for the commission of an
20		offense that if committed by an adult would be a felony;
21		(p) An adult who had been adjudicated a delinquent
22		minor under the Juvenile Court Act of 1987 for the
23		commission of an offense that if committed by an adult
24		would be a felony;
25		(q) A person who is not a resident of the State of
26		Illinois, except as provided in subsection (a-10) of

HB3078 Engrossed - 98 - LRB104 10923 KTG 21005 b
1		Section 4;
2		(r) A person who has been adjudicated as a person with
3		a mental disability;
4		(s) A person who has been found to have a
5		developmental disability;
6		(t) A person involuntarily admitted into a mental
7		health facility; or
8		(u) A person who has had his or her Firearm Owner's
9		Identification Card revoked or denied under subsection (e)
10		of this Section or item (iv) of paragraph (2) of
11		subsection (a) of Section 4 of this Act because he or she
12		was a patient in a mental health facility as provided in
13		subsection (e) of this Section, shall not be permitted to
14		obtain a Firearm Owner's Identification Card, after the
15		5-year period has lapsed, unless he or she has received a
16		mental health evaluation by a physician, clinical
17		psychologist, advanced practice psychiatric nurse, or
18		qualified examiner as those terms are defined in the
19		Mental Health and Developmental Disabilities Code, and has
20		received a certification that he or she is not a clear and
21		present danger to himself, herself, or others. The
22		physician, clinical psychologist, advanced practice
23		psychiatric nurse, or qualified examiner making the
24		certification and his or her employer shall not be held
25		criminally, civilly, or professionally liable for making
26		or not making the certification required under this

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1		subsection, except for willful or wanton misconduct. This
2		subsection does not apply to a person whose firearm
3		possession rights have been restored through
4		administrative or judicial action under Section 10 or 11
5		of this Act.
6		Upon revocation of a person's Firearm Owner's
7		Identification Card, the Illinois State Police shall provide
8		notice to the person and the person shall comply with Section
9		9.5 of this Act.
10		(Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21;
11		102-645, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff.
12		5-27-22; 102-1116, eff. 1-10-23.)
13		(430 ILCS 65/8.1)    (from Ch. 38, par. 83-8.1)
14		Sec. 8.1. Notifications to the Illinois State Police.
15		(a) The Circuit Clerk shall, in the form and manner
16		required by the Supreme Court, notify the Illinois State
17		Police of all final dispositions of cases for which the
18		Department has received information reported to it under
19		Sections 2.1 and 2.2 of the Criminal Identification Act.
20		(b) Upon adjudication of any individual as a person with a
21		mental disability as defined in Section 1.1 of this Act or a
22		finding that a person has been involuntarily admitted, the
23		court shall direct the circuit court clerk to immediately
24		notify the Illinois State Police, Firearm Owner's
25		Identification (FOID) department, and shall forward a copy of

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1		the court order to the Department.
2		(b-1) Beginning July 1, 2016, and each July 1 and December
3		30 of every year thereafter, the circuit court clerk shall, in
4		the form and manner prescribed by the Illinois State Police,
5		notify the Illinois State Police, Firearm Owner's
6		Identification (FOID) department if the court has not directed
7		the circuit court clerk to notify the Illinois State Police,
8		Firearm Owner's Identification (FOID) department under
9		subsection (b) of this Section, within the preceding 6 months,
10		because no person has been adjudicated as a person with a
11		mental disability by the court as defined in Section 1.1 of
12		this Act or if no person has been involuntarily admitted. The
13		Supreme Court may adopt any orders or rules necessary to
14		identify the persons who shall be reported to the Illinois
15		State Police under subsection (b), or any other orders or
16		rules necessary to implement the requirements of this Act.
17		(c) The Department of Human Services shall, in the form
18		and manner prescribed by the Illinois State Police, report all
19		information collected under subsection (b) of Section 12 of
20		the Mental Health and Developmental Disabilities
21		Confidentiality Act for the purpose of determining whether a
22		person who may be or may have been a patient in a mental health
23		facility is disqualified under State or federal law from
24		receiving or retaining a Firearm Owner's Identification Card,
25		or purchasing a weapon.
26		(d) If a person is determined to pose a clear and present

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1		danger to himself, herself, or to others:
2		(1) by a physician, clinical psychologist, advanced
3		practice psychiatric nurse, or qualified examiner, or is
4		determined to have a developmental disability by a
5		physician, clinical psychologist, advanced practice
6		psychiatric nurse, or qualified examiner, whether employed
7		by the State or privately, then the physician, clinical
8		psychologist, advanced practice psychiatric nurse, or
9		qualified examiner shall, within 24 hours of making the
10		determination, notify the Department of Human Services
11		that the person poses a clear and present danger or has a
12		developmental disability; or
13		(2) by a law enforcement official or school
14		administrator, then the law enforcement official or school
15		administrator shall, within 24 hours of making the
16		determination, notify the Illinois State Police that the
17		person poses a clear and present danger.
18		The Department of Human Services shall immediately update
19		its records and information relating to mental health and
20		developmental disabilities, and if appropriate, shall notify
21		the Illinois State Police in a form and manner prescribed by
22		the Illinois State Police. The Illinois State Police shall
23		determine whether to revoke the person's Firearm Owner's
24		Identification Card under Section 8 of this Act. Any
25		information disclosed under this subsection shall remain
26		privileged and confidential, and shall not be redisclosed,

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1		except as required under subsection (e) of Section 3.1 of this
2		Act, nor used for any other purpose. The method of providing
3		this information shall guarantee that the information is not
4		released beyond what is necessary for the purpose of this
5		Section and shall be provided by rule by the Department of
6		Human Services. The identity of the person reporting under
7		this Section shall not be disclosed to the subject of the
8		report. The physician, clinical psychologist, advanced
9		practice psychiatric nurse, qualified examiner, law
10		enforcement official, or school administrator making the
11		determination and his or her employer shall not be held
12		criminally, civilly, or professionally liable for making or
13		not making the notification required under this subsection,
14		except for willful or wanton misconduct.
15		(e) The Illinois State Police shall adopt rules to
16		implement this Section.
17		(Source: P.A. 102-538, eff. 8-20-21.)
18		(430 ILCS 65/10)    (from Ch. 38, par. 83-10)
19		Sec. 10. Appeals; hearing; relief from firearm
20		prohibitions.
21		(a) Whenever an application for a Firearm Owner's
22		Identification Card is denied or whenever such a Card is
23		revoked or seized as provided for in Section 8 of this Act, the
24		aggrieved party may (1) file a record challenge with the
25		Director regarding the record upon which the decision to deny

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1		or revoke the Firearm Owner's Identification Card was based
2		under subsection (a-5); or (2) appeal to the Director of the
3		Illinois State Police through December 31, 2022, or beginning
4		January 1, 2023, the Firearm Owner's Identification Card
5		Review Board for a hearing seeking relief from such denial or
6		revocation unless the denial or revocation was based upon a
7		forcible felony, stalking, aggravated stalking, domestic
8		battery, any violation of the Illinois Controlled Substances
9		Act, the Methamphetamine Control and Community Protection Act,
10		or the Cannabis Control Act that is classified as a Class 2 or
11		greater felony, any felony violation of Article 24 of the
12		Criminal Code of 1961 or the Criminal Code of 2012, or any
13		adjudication as a delinquent minor for the commission of an
14		offense that if committed by an adult would be a felony, in
15		which case the aggrieved party may petition the circuit court
16		in writing in the county of his or her residence for a hearing
17		seeking relief from such denial or revocation.
18		(a-5) There is created a Firearm Owner's Identification
19		Card Review Board to consider any appeal under subsection (a)
20		beginning January 1, 2023, other than an appeal directed to
21		the circuit court and except when the applicant is challenging
22		the record upon which the decision to deny or revoke was based
23		as provided in subsection (a-10).
24		(0.05) In furtherance of the policy of this Act that
25		the Board shall exercise its powers and duties in an
26		independent manner, subject to the provisions of this Act

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1		but free from the direction, control, or influence of any
2		other agency or department of State government. All
3		expenses and liabilities incurred by the Board in the
4		performance of its responsibilities hereunder shall be
5		paid from funds which shall be appropriated to the Board
6		by the General Assembly for the ordinary and contingent
7		expenses of the Board.
8		(1) The Board shall consist of 7 members appointed by
9		the Governor, with the advice and consent of the Senate,
10		with 3 members residing within the First Judicial District
11		and one member residing within each of the 4 remaining
12		Judicial Districts. No more than 4 members shall be
13		members of the same political party. The Governor shall
14		designate one member as the chairperson. The members shall
15		have actual experience in law, education, social work,
16		behavioral sciences, law enforcement, or community affairs
17		or in a combination of those areas.
18		(2) The terms of the members initially appointed after
19		January 1, 2022 (the effective date of Public Act 102-237)
20		shall be as follows: one of the initial members shall be
21		appointed for a term of one year, 3 shall be appointed for
22		terms of 2 years, and 3 shall be appointed for terms of 4
23		years. Thereafter, members shall hold office for 4 years,
24		with terms expiring on the second Monday in January
25		immediately following the expiration of their terms and
26		every 4 years thereafter. Members may be reappointed.

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1		Vacancies in the office of member shall be filled in the
2		same manner as the original appointment, for the remainder
3		of the unexpired term. The Governor may remove a member
4		for incompetence, neglect of duty, malfeasance, or
5		inability to serve. Members shall receive compensation in
6		an amount equal to the compensation of members of the
7		Executive Ethics Commission and, beginning July 1, 2023,
8		shall be compensated from appropriations provided to the
9		Comptroller for this purpose. Members may be reimbursed,
10		from funds appropriated for such a purpose, for reasonable
11		expenses actually incurred in the performance of their
12		Board duties. The Illinois State Police shall designate an
13		employee to serve as Executive Director of the Board and
14		provide logistical and administrative assistance to the
15		Board.
16		(3) The Board shall meet at least quarterly each year
17		and at the call of the chairperson as often as necessary to
18		consider appeals of decisions made with respect to
19		applications for a Firearm Owner's Identification Card
20		under this Act. If necessary to ensure the participation
21		of a member, the Board shall allow a member to participate
22		in a Board meeting by electronic communication. Any member
23		participating electronically shall be deemed present for
24		purposes of establishing a quorum and voting.
25		(4) The Board shall adopt rules for the review of
26		appeals and the conduct of hearings. The Board shall

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1		maintain a record of its decisions and all materials
2		considered in making its decisions. All Board decisions
3		and voting records shall be kept confidential and all
4		materials considered by the Board shall be exempt from
5		inspection except upon order of a court.
6		(5) In considering an appeal, the Board shall review
7		the materials received concerning the denial or revocation
8		by the Illinois State Police. By a vote of at least 4
9		members, the Board may request additional information from
10		the Illinois State Police or the applicant or the
11		testimony of the Illinois State Police or the applicant.
12		The Board may require that the applicant submit electronic
13		fingerprints to the Illinois State Police for an updated
14		background check if the Board determines it lacks
15		sufficient information to determine eligibility. The Board
16		may consider information submitted by the Illinois State
17		Police, a law enforcement agency, or the applicant. The
18		Board shall review each denial or revocation and determine
19		by a majority of members whether an applicant should be
20		granted relief under subsection (c).
21		(6) The Board shall by order issue summary decisions.
22		The Board shall issue a decision within 45 days of
23		receiving all completed appeal documents from the Illinois
24		State Police and the applicant. However, the Board need
25		not issue a decision within 45 days if:
26		(A) the Board requests information from the

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1		applicant, including, but not limited to, electronic
2		fingerprints to be submitted to the Illinois State
3		Police, in accordance with paragraph (5) of this
4		subsection, in which case the Board shall make a
5		decision within 30 days of receipt of the required
6		information from the applicant;
7		(B) the applicant agrees, in writing, to allow the
8		Board additional time to consider an appeal; or
9		(C) the Board notifies the applicant and the
10		Illinois State Police that the Board needs an
11		additional 30 days to issue a decision. The Board may
12		only issue 2 extensions under this subparagraph (C).
13		The Board's notification to the applicant and the
14		Illinois State Police shall include an explanation for
15		the extension.
16		(7) If the Board determines that the applicant is
17		eligible for relief under subsection (c), the Board shall
18		notify the applicant and the Illinois State Police that
19		relief has been granted and the Illinois State Police
20		shall issue the Card.
21		(8) Meetings of the Board shall not be subject to the
22		Open Meetings Act and records of the Board shall not be
23		subject to the Freedom of Information Act.
24		(9) The Board shall report monthly to the Governor and
25		the General Assembly on the number of appeals received and
26		provide details of the circumstances in which the Board

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1		has determined to deny Firearm Owner's Identification
2		Cards under this subsection (a-5). The report shall not
3		contain any identifying information about the applicants.
4		(a-10) Whenever an applicant or cardholder is not seeking
5		relief from a firearms prohibition under subsection (c) but
6		rather does not believe the applicant is appropriately denied
7		or revoked and is challenging the record upon which the
8		decision to deny or revoke the Firearm Owner's Identification
9		Card was based, or whenever the Illinois State Police fails to
10		act on an application within 30 days of its receipt, the
11		applicant shall file such challenge with the Director. The
12		Director shall render a decision within 60 business days of
13		receipt of all information supporting the challenge. The
14		Illinois State Police shall adopt rules for the review of a
15		record challenge.
16		(b) At least 30 days before any hearing in the circuit
17		court, the petitioner shall serve the relevant State's
18		Attorney with a copy of the petition. The State's Attorney may
19		object to the petition and present evidence. At the hearing,
20		the court shall determine whether substantial justice has been
21		done. Should the court determine that substantial justice has
22		not been done, the court shall issue an order directing the
23		Illinois State Police to issue a Card. However, the court
24		shall not issue the order if the petitioner is otherwise
25		prohibited from obtaining, possessing, or using a firearm
26		under federal law.

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1		(c) Any person prohibited from possessing a firearm under
2		Sections 24-1.1 or 24-3.1 of the Criminal Code of 2012 or
3		acquiring a Firearm Owner's Identification Card under Section
4		8 of this Act may apply to the Firearm Owner's Identification
5		Card Review Board or petition the circuit court in the county
6		where the petitioner resides, whichever is applicable in
7		accordance with subsection (a) of this Section, requesting
8		relief from such prohibition and the Board or court may grant
9		such relief if it is established by the applicant to the
10		court's or the Board's satisfaction that:
11		(0.05) when in the circuit court, the State's Attorney
12		has been served with a written copy of the petition at
13		least 30 days before any such hearing in the circuit court
14		and at the hearing the State's Attorney was afforded an
15		opportunity to present evidence and object to the
16		petition;
17		(1) the applicant has not been convicted of a forcible
18		felony under the laws of this State or any other
19		jurisdiction within 20 years of the applicant's
20		application for a Firearm Owner's Identification Card, or
21		at least 20 years have passed since the end of any period
22		of imprisonment imposed in relation to that conviction;
23		(2) the circumstances regarding a criminal conviction,
24		where applicable, the applicant's criminal history and his
25		reputation are such that the applicant will not be likely
26		to act in a manner dangerous to public safety;

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1		(3) granting relief would not be contrary to the
2		public interest; and
3		(4) granting relief would not be contrary to federal
4		law.
5		(c-5) (1) An active law enforcement officer employed by a
6		unit of government or a Department of Corrections employee
7		authorized to possess firearms who is denied, revoked, or has
8		his or her Firearm Owner's Identification Card seized under
9		subsection (e) of Section 8 of this Act may apply to the
10		Firearm Owner's Identification Card Review Board requesting
11		relief if the officer or employee did not act in a manner
12		threatening to the officer or employee, another person, or the
13		public as determined by the treating clinical psychologist or
14		physician, and as a result of his or her work is referred by
15		the employer for or voluntarily seeks mental health evaluation
16		or treatment by a licensed clinical psychologist,
17		psychiatrist, advanced practice psychiatric nurse, or
18		qualified examiner, and:
19		(A) the officer or employee has not received treatment
20		involuntarily at a mental health facility, regardless of
21		the length of admission; or has not been voluntarily
22		admitted to a mental health facility for more than 30 days
23		and not for more than one incident within the past 5 years;
24		and
25		(B) the officer or employee has not left the mental
26		institution against medical advice.

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1		(2) The Firearm Owner's Identification Card Review Board
2		shall grant expedited relief to active law enforcement
3		officers and employees described in paragraph (1) of this
4		subsection (c-5) upon a determination by the Board that the
5		officer's or employee's possession of a firearm does not
6		present a threat to themselves, others, or public safety. The
7		Board shall act on the request for relief within 30 business
8		days of receipt of:
9		(A) a notarized statement from the officer or employee
10		in the form prescribed by the Board detailing the
11		circumstances that led to the hospitalization;
12		(B) all documentation regarding the admission,
13		evaluation, treatment and discharge from the treating
14		licensed clinical psychologist or psychiatrist of the
15		officer;
16		(C) a psychological fitness for duty evaluation of the
17		person completed after the time of discharge; and
18		(D) written confirmation in the form prescribed by the
19		Board from the treating licensed clinical psychologist or
20		psychiatrist that the provisions set forth in paragraph
21		(1) of this subsection (c-5) have been met, the person
22		successfully completed treatment, and their professional
23		opinion regarding the person's ability to possess
24		firearms.
25		(3) Officers and employees eligible for the expedited
26		relief in paragraph (2) of this subsection (c-5) have the

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1		burden of proof on eligibility and must provide all
2		information required. The Board may not consider granting
3		expedited relief until the proof and information is received.
4		(4) "Clinical psychologist", "psychiatrist", advanced
5		practice psychiatric nurse, and "qualified examiner" shall
6		have the same meaning as provided in Chapter I of the Mental
7		Health and Developmental Disabilities Code.
8		(c-10) (1) An applicant, who is denied, revoked, or has
9		his or her Firearm Owner's Identification Card seized under
10		subsection (e) of Section 8 of this Act based upon a
11		determination of a developmental disability or an intellectual
12		disability may apply to the Firearm Owner's Identification
13		Card Review Board requesting relief.
14		(2) The Board shall act on the request for relief within 60
15		business days of receipt of written certification, in the form
16		prescribed by the Board, from a physician or clinical
17		psychologist, advanced practice psychiatric nurse, or
18		qualified examiner, that the aggrieved party's developmental
19		disability or intellectual disability condition is determined
20		by a physician, clinical psychologist, or qualified to be
21		mild. If a fact-finding conference is scheduled to obtain
22		additional information concerning the circumstances of the
23		denial or revocation, the 60 business days the Director has to
24		act shall be tolled until the completion of the fact-finding
25		conference.
26		(3) The Board may grant relief if the aggrieved party's

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1		developmental disability or intellectual disability is mild as
2		determined by a physician, clinical psychologist, advanced
3		practice psychiatric nurse, or qualified examiner and it is
4		established by the applicant to the Board's satisfaction that:
5		(A) granting relief would not be contrary to the
6		public interest; and
7		(B) granting relief would not be contrary to federal
8		law.
9		(4) The Board may not grant relief if the condition is
10		determined by a physician, clinical psychologist, advanced
11		practice psychiatric nurse, or qualified examiner to be
12		moderate, severe, or profound.
13		(5) The changes made to this Section by Public Act 99-29
14		apply to requests for relief pending on or before July 10, 2015
15		(the effective date of Public Act 99-29), except that the
16		60-day period for the Director to act on requests pending
17		before the effective date shall begin on July 10, 2015 (the
18		effective date of Public Act 99-29). All appeals as provided
19		in subsection (a-5) pending on January 1, 2023 shall be
20		considered by the Board.
21		(d) When a minor is adjudicated delinquent for an offense
22		which if committed by an adult would be a felony, the court
23		shall notify the Illinois State Police.
24		(e) The court shall review the denial of an application or
25		the revocation of a Firearm Owner's Identification Card of a
26		person who has been adjudicated delinquent for an offense that

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1		if committed by an adult would be a felony if an application
2		for relief has been filed at least 10 years after the
3		adjudication of delinquency and the court determines that the
4		applicant should be granted relief from disability to obtain a
5		Firearm Owner's Identification Card. If the court grants
6		relief, the court shall notify the Illinois State Police that
7		the disability has been removed and that the applicant is
8		eligible to obtain a Firearm Owner's Identification Card.
9		(f) Any person who is subject to the disabilities of 18
10		U.S.C. 922(d)(4) and 922(g)(4) of the federal Gun Control Act
11		of 1968 because of an adjudication or commitment that occurred
12		under the laws of this State or who was determined to be
13		subject to the provisions of subsections (e), (f), or (g) of
14		Section 8 of this Act may apply to the Illinois State Police
15		requesting relief from that prohibition. The Board shall grant
16		the relief if it is established by a preponderance of the
17		evidence that the person will not be likely to act in a manner
18		dangerous to public safety and that granting relief would not
19		be contrary to the public interest. In making this
20		determination, the Board shall receive evidence concerning (i)
21		the circumstances regarding the firearms disabilities from
22		which relief is sought; (ii) the petitioner's mental health
23		and criminal history records, if any; (iii) the petitioner's
24		reputation, developed at a minimum through character witness
25		statements, testimony, or other character evidence; and (iv)
26		changes in the petitioner's condition or circumstances since

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1		the disqualifying events relevant to the relief sought. If
2		relief is granted under this subsection or by order of a court
3		under this Section, the Director shall as soon as practicable
4		but in no case later than 15 business days, update, correct,
5		modify, or remove the person's record in any database that the
6		Illinois State Police makes available to the National Instant
7		Criminal Background Check System and notify the United States
8		Attorney General that the basis for the record being made
9		available no longer applies. The Illinois State Police shall
10		adopt rules for the administration of this Section.
11		(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
12		102-645, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1115, eff.
13		1-9-23; 102-1129, eff. 2-10-23; 103-605, eff. 7-1-24.)
14		Section 40. The Mental Health and Developmental
15		Disabilities Confidentiality Act is amended by changing
16		Section 5 as follows:
17		(740 ILCS 110/5)    (from Ch. 91 1/2, par. 805)
18		Sec. 5. Disclosure; consent.
19		(a) Except as provided in Sections 6 through 12.2 of this
20		Act, records and communications may be disclosed to someone
21		other than those persons listed in Section 4 of this Act only
22		with the written consent of those persons who are entitled to
23		inspect and copy a recipient's record pursuant to Section 4 of
24		this Act.

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1		(b) Every consent form shall be in writing and shall
2		specify the following:
3		(1) the person or agency to whom disclosure is to be
4		made;
5		(2) the purpose for which disclosure is to be made;
6		(3) the nature of the information to be disclosed;
7		(4) the right to inspect and copy the information to
8		be disclosed;
9		(5) the consequences of a refusal to consent, if any; and
10		(6) the calendar date on which the consent expires,
11		provided that if no calendar date is stated, information
12		may be released only on the day the consent form is
13		received by the therapist; and
14		(7) the right to revoke the consent at any time.
15		The consent form shall be signed by the person entitled to
16		give consent and the signature shall be witnessed by a person
17		who can attest to the identity of the person so entitled. A
18		copy of the consent and a notation as to any action taken
19		thereon shall be entered in the recipient's record. Any
20		revocation of consent shall be in writing, signed by the
21		person who gave the consent and the signature shall be
22		witnessed by a person who can attest to the identity of the
23		person so entitled. No written revocation of consent shall be
24		effective to prevent disclosure of records and communications
25		until it is received by the person otherwise authorized to
26		disclose records and communications.

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1		(c) Only information relevant to the purpose for which
2		disclosure is sought may be disclosed. Blanket consent to the
3		disclosure of unspecified information shall not be valid.
4		Advance consent may be valid only if the nature of the
5		information to be disclosed is specified in detail and the
6		duration of the consent is indicated. Consent may be revoked
7		in writing at any time; any such revocation shall have no
8		effect on disclosures made prior thereto.
9		(d) No person or agency to whom any information is
10		disclosed under this Section may redisclose such information
11		unless the person who consented to the disclosure specifically
12		consents to such redisclosure.
13		(e) Except as otherwise provided in this Act, records and
14		communications shall remain confidential after the death of a
15		recipient and shall not be disclosed unless the recipient's
16		representative, as defined in the Probate Act of 1975 and the
17		therapist consent to such disclosure or unless disclosure is
18		authorized by court order after in camera examination and upon
19		good cause shown.
20		(f) Paragraphs (a) through (e) of this Section shall not
21		apply to and shall not be construed to limit insurance
22		companies writing Life, Accident or Health insurance as
23		defined in Section 4 of the Illinois Insurance Code in
24		obtaining general consents for the release to them or their
25		designated representatives of any and all confidential
26		communications and records kept by agencies, hospitals,

HB3078 Engrossed - 118 - LRB104 10923 KTG 21005 b
1		therapists or record custodians, and utilizing such
2		information in connection with the underwriting of
3		applications for coverage for such policies or contracts, or
4		in connection with evaluating claims or liability under such
5		policies or contracts, or coordinating benefits pursuant to
6		policy or contract provisions.
7		(Source: P.A. 90-655, eff. 7-30-98)
8		(30 ILCS 105/5.653 rep.)
9		Section 50. The State Finance Act is amended by repealing
10		Section 5.653.
11		(35 ILCS 5/507JJ rep.)
12		Section 55. The Illinois Income Tax Act is amended by
13		repealing Section 507JJ.
14		Section 99. Effective date. This Act takes effect upon
15		becoming law.