104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB3157
 
Introduced , by Rep. Maura Hirschauer
 
SYNOPSIS AS INTRODUCED:

See Index
 Amends the Firearm Owners Identification Card Act. Provides that in cases in which a person who has had his or her Firearm Owner's Identification Card revoked or denied because he or she was a patient in a mental health facility and who has received a mental health evaluation by a physician, clinical psychologist, or qualified examiner as those terms are defined in the Mental Health and Developmental Disabilities Code, and has received a certification that he or she is not a clear and present danger to himself, herself, or others to receive a restoration of his or her right to obtain a Firearm Owner's Identification Card shall provide all collateral records to the physician, clinical psychologist, or qualified examiner making the certification and the person shall attest, by signature, that all collateral records have been provided to the evaluator prior to the mental health evaluation. In the definitions of "clinical psychologist", "physician", and "qualified examiner", provides that these persons conducting the mental health examinations shall be up to date on their continuing education and must possess a valid certification from the Department of Financial and Professional Regulation. Amends the Mental Health and Developmental Disabilities Confidentiality Act. Provides that an investigator or attorney employed by the Department of Financial and Professional Regulation investigating any provider of mental health or developmental disabilities services who is a licensee of the Department shall be entitled to inspect and copy a recipient record or any part thereof upon the presentation of a Department subpoena. Provides that a subpoena for records issued to a federally assisted substance use disorder program must be accompanied by a court order if required by 42 CFR 2.66. Provides that the Department of Human Services shall notify recipients upon receiving records obtained via subpoena. Nothing in this Act prohibits the use of a recipients records in an administrative proceeding conducted by the Department. Amends various Acts to make conforming changes.


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A BILL FOR
 
HB3157LRB104 10710 BDA 20789 b


1 AN ACT concerning safety.

2 Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly:

4 Section 5. The Clinical Psychologist Licensing Act is 
5amended by changing Section 13 and by adding Section 12.1 as 
6follows:

7 (225 ILCS 15/12.1 new)
8 Sec. 12.1. Firearm Owners Identification Card Act; 
9certification. 
10 (a) A clinical psychologist who performs mental health 
11evaluations under subsection (u) of Section 8 of the Firearm 
12Owners Identification Card Act must obtain a certification 
13from the Department, to be renewed per license year, that the 
14clinical psychologist has completed all trainings as provided 
15by this Section.
16 (b) The Department shall adopt rules of continuing 
17education for clinical psychologists who perform mental health 
18evaluations under subsection (u) of Section 8 of the Firearm 
19Owners Identification Card Act to require 6 hours of 
20continuing education per license year, in addition to any 
21other continuing education requirements as required by law. In 
22establishing these rules, the Department shall consider and 
23incorporate guidance from the Illinois State Police and 
 
 
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1Illinois Department of Public Health. The rules shall be 
2consistent with best practices relating to firearm safety and 
3shall include, but are not limited to, education of the 
4Firearm Owners Identification Card Act, safe storage of 
5firearms, risks of firearms to individuals who are a clear and 
6present risk to themselves or others, and actions that can be 
7taken to alert law enforcement of individuals who own firearms 
8and pose a clear and present risk to themselves or others. The 
9Department shall periodically update the curriculum of 
10continuing education as it sees fit, but, at a minimum, shall 
11update the curriculum every 4 years.
12 (c) The Department shall develop and disseminate 
13educational materials relating to this continuing education, 
14and shall provide this continuing education as an additional 
15option whenever the continuing education under Section 13 of 
16this Act is provided.
17 (d) The Department shall certify each clinical 
18psychologist who has completed this continuing education for 
19the license year as qualified to conduct mental health 
20evaluations under subsection (u) of Section 8 of the Firearm 
21Owners Identification Card Act. A clinical psychologist who is 
22not certified by the Department shall not conduct such mental 
23health evaluations. The Department shall maintain records of 
24certification and shall provide unrestricted access to such 
25records with the Firearms Record Challenge Unit of the 
26Illinois State Police.
 
 
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1 (e) The cost of enrolling in this continuing education 
2shall be set by the Department, by rule, and the Department of 
3Human Services shall reimburse the Department, the Illinois 
4State Police, and the Department of Public Health for the 
5development, administration, and maintenance of such 
6continuing education and any continuing education materials.

7 (225 ILCS 15/13) (from Ch. 111, par. 5363)
8 (Section scheduled to be repealed on January 1, 2027)
9 Sec. 13. License renewal; restoration.  
10 (a) The expiration date and renewal period for each 
11license issued under this Act shall be set by rule. Every 
12holder of a license under this Act may renew such license 
13during the 90-day period immediately preceding the expiration 
14date thereof upon payment of the required renewal fees and 
15demonstrating compliance with any continuing education 
16requirements. The Department shall adopt rules establishing 
17minimum requirements of continuing education and means for 
18verification of the completion of the continuing education 
19requirements. The Department may, by rule, specify 
20circumstances under which the continuing education 
21requirements may be waived. Under no circumstances shall the 
22continuing education requirements in Section 12.1 be waived. 
23 A clinical psychologist who has permitted his or her 
24license to expire or who has had his or her license on inactive 
25status may have his or her license restored by making 
 
 
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1application to the Department and filing proof acceptable to 
2the Department, as defined by rule, of his or her fitness to 
3have his or her license restored, including evidence 
4certifying to active practice in another jurisdiction 
5satisfactory to the Department and by paying the required 
6restoration fee.
7 If the clinical psychologist has not maintained an active 
8practice in another jurisdiction satisfactory to the 
9Department, the Board shall determine, by an evaluation 
10program established by rule, his or her fitness to resume 
11active status and may require the clinical psychologist to 
12complete a period of supervised professional experience and 
13may require successful completion of an examination.
14 However, any clinical psychologist whose license expired 
15while he or she was (1) in Federal Service on active duty with 
16the Armed Forces of the United States, or the State Militia 
17called into service or training, or (2) in training or 
18education under the supervision of the United States 
19preliminary to induction into the military service, may have 
20his or her license renewed or restored without paying any 
21lapsed renewal fees if within 2 years after honorable 
22termination of such service, training or education he or she 
23furnishes the Department with satisfactory evidence to the 
24effect that he or she has been so engaged and that his or her 
25service, training or education has been so terminated.
26 (b) Notwithstanding any other provision of law, the 
 
 
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1following requirements for restoration of an inactive or 
2expired license of less than 5 years as set forth in subsection 
3(a) are suspended for any licensed clinical psychologist who 
4has had no disciplinary action taken against his or her 
5license in this State or in any other jurisdiction during the 
6entire period of licensure: proof of fitness, certification of 
7active practice in another jurisdiction, and the payment of a 
8renewal fee. An individual may not restore his or her license 
9in accordance with this subsection more than once. 
10(Source: P.A. 102-1053, eff. 6-10-22.)

11 Section 10. The Clinical Social Work and Social Work 
12Practice Act is amended by changing Section 11 and by adding 
13Section 12.1 as follows:

14 (225 ILCS 20/11) (from Ch. 111, par. 6361)
15 (Section scheduled to be repealed on January 1, 2028)
16 Sec. 11. Licenses; renewal; restoration; person in 
17military service; inactive status. 
18 (a) The expiration date and renewal period for each 
19license issued under this Act shall be set by rule. The 
20licensee may renew a license during the 60-day period 
21preceding its expiration date by paying the required fee and 
22by demonstrating compliance with any continuing education 
23requirements. The Department shall adopt rules establishing 
24minimum requirements of continuing education and means for 
 
 
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1verification of the completion of the continuing education 
2requirements. The Department may, by rule, specify 
3circumstances under which the continuing education 
4requirements may be waived. Under no circumstances shall the 
5continuing education requirements in Section 12.1 be waived. 
6 (b) Any person who has permitted a license to expire or who 
7has a license on inactive status may have it restored by 
8submitting an application to the Department and filing proof 
9of fitness, as defined by rule, to have the license restored, 
10including, if appropriate, evidence which is satisfactory to 
11the Department certifying the active practice of clinical 
12social work or social work in another jurisdiction and by 
13paying the required fee.
14 (b-5) If the person has not maintained an active practice 
15in another jurisdiction which is satisfactory to the 
16Department, the Department shall determine the person's 
17fitness to resume active status. The Department may also 
18require the person to complete a specific period of evaluated 
19clinical social work or social work experience and may require 
20successful completion of an examination for clinical social 
21workers.
22 (b-7) Notwithstanding any other provision of this Act, any 
23person whose license expired while on active duty with the 
24armed forces of the United States, while called into service 
25or training with the State Militia or in training or education 
26under the supervision of the United States government prior to 
 
 
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1induction into the military service may have the person's 
2license restored without paying any renewal fees if, within 2 
3years after the honorable termination of that service, 
4training or education, except under conditions other than 
5honorable, the Department is furnished with satisfactory 
6evidence that the person has been so engaged and that the 
7service, training or education has been so terminated.
8 (c) A license to practice shall not be denied any 
9applicant because of the applicant's race, religion, creed, 
10national origin, political beliefs or activities, age, sex, 
11sexual orientation, or physical impairment.
12 (d) (Blank).
13 (e) (Blank).
14 (f) (Blank).
15 (g) The Department shall indicate on each license the 
16academic degree of the licensee.
17 (h) Notwithstanding any other provision of law, the 
18following requirements for restoration of an inactive or 
19expired license of 5 years or less as set forth in subsections 
20(b) and (b-5) are suspended for any licensed clinical social 
21worker who has had no disciplinary action taken against the 
22licensed clinical social worker's license in this State or in 
23any other jurisdiction during the entire period of licensure: 
24proof of fitness, certification of active practice in another 
25jurisdiction, and the payment of a fee or renewal fee. An 
26individual may not restore the individual's license in 
 
 
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1accordance with this subsection more than once. 
2(Source: P.A. 102-326, eff. 1-1-22; 102-1053, eff. 6-10-22; 
3103-1048, eff. 1-1-25.)

4 (225 ILCS 20/12.1 new)
5 Sec. 12.1. Firearm Owners Identification Card Act; 
6certification. 
7 (a) A clinical social worker who performs mental health 
8evaluations under subsection (u) of Section 8 of the Firearm 
9Owners Identification Card Act must obtain a certification 
10from the Department, to be renewed per license year, that the 
11clinical social worker has completed all trainings as provided 
12by this Section.
13 (b) The Department shall promulgate rules of continuing 
14education for clinical social workers who perform mental 
15health evaluations under subsection (u) of Section 8 of the 
16Firearm Owners Identification Card Act to require 6 hours of 
17continuing education per license year, in addition to any 
18other continuing education requirements as required by law. In 
19establishing these rules, the Department shall consider and 
20incorporate guidance from the Illinois State Police and 
21Illinois Department of Public Health. The rules shall be 
22consistent with best practices relating to firearm safety and 
23shall include, but are not limited to, education of the 
24Firearm Owners Identification Card Act, safe storage of 
25firearms, risks of firearms to individuals who are a clear and 
 
 
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1present risk to themselves or others, and actions that can be 
2taken to alert law enforcement of individuals who own firearms 
3and pose a clear and present risk to themselves or others. The 
4Department shall periodically update the curriculum of 
5continuing education as it sees fit, but, at a minimum, shall 
6update the curriculum every 4 years.
7 (c) The Department shall develop and disseminate 
8educational materials relating to this continuing education, 
9and shall provide this continuing education as an additional 
10option whenever the continuing education under Section 11 of 
11this Act is provided.
12 (d) The Department shall certify each clinical social 
13worker who has completed this continuing education for the 
14license year as qualified to conduct mental health evaluations 
15under subsection (u) of Section 8 of the Firearm Owners 
16Identification Card Act. A clinical social worker who is not 
17certified by the Department shall not conduct such mental 
18health evaluations. The Department shall maintain records of 
19certification and shall provide unrestricted access to such 
20records with the Firearms Record Challenge Unit of the 
21Illinois State Police.
22 (e) The cost of enrolling in this continuing education 
23shall be set by the Department, by rule, and the Department of 
24Human Services shall reimburse the Department, the Illinois 
25State Police, and the Department of Public Health for the 
26development, administration, and maintenance of such 
 
 
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1continuing education and any continuing education materials.

2 Section 15. The Marriage and Family Therapy Licensing Act 
3is amended by adding Section 50.1 as follows:

4 (225 ILCS 55/50.1 new)
5 Sec. 50.1. Firearm Owners Identification Card Act; 
6certification.
7 (a) Any marriage or family therapist who performs mental 
8health evaluations under subsection (u) of Section 8 of the 
9Firearm Owners Identification Card Act must obtain a 
10certification from the Department, to be renewed per 2-year 
11license year, that the marriage or family therapist has 
12completed all trainings as provided by this Section.
13  (b) The Department shall promulgate rules of continuing 
14education for marriage or family therapists who perform mental 
15health evaluations under subsection (u) of Section 8 of the 
16Firearm Owners Identification Card Act to require 6 hours of 
17continuing education per license year, in addition to any 
18other continuing education requirements as required by law. In 
19establishing these rules, the Department shall consider and 
20incorporate guidance from the Illinois State Police and 
21Illinois Department of Public Health. The rules shall be 
22consistent with best practices relating to firearm safety and 
23shall include, but are not limited to, education of the 
24Firearm Owners Identification Card Act, safe storage of 
 
 
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1firearms, risks of firearms to individuals who are a clear and 
2present risk to themselves or others, and actions that can be 
3taken to alert law enforcement of individuals who own firearms 
4and pose a clear and present risk to themselves or others. The 
5Department shall periodically update the curriculum of 
6continuing education as it sees fit, but, at a minimum, shall 
7update the curriculum every 4 years.
8 (c) The Department shall develop and disseminate 
9educational materials relating to this continuing education, 
10and shall provide this continuing education as an additional 
11option whenever the continuing education under Section 45 of 
12this Act is provided.
13 (d) The Department shall certify each marriage or family 
14therapist who has completed this continuing education for the 
15license year as qualified to conduct mental health evaluations 
16under subsection (u) of Section 8 of the Firearm Owners 
17Identification Card Act. A marriage or family therapist who is 
18not certified by the Department shall not conduct such mental 
19health evaluations. The Department shall maintain records of 
20certification and shall provide unrestricted access to such 
21records with the Firearms Record Challenge Unit of the 
22Illinois State Police.
23 (e) The cost of enrolling in this continuing education 
24shall be set by the Department, by rule, and the Department of 
25Human Services shall reimburse the Department, the Illinois 
26State Police, and the Department of Public Health for the 
 
 
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1development, administration, and maintenance of such 
2continuing education and any continuing education materials.

3 Section 20. The Medical Practice Act of 1987 is amended by 
4changing Section 20 and by adding Section 11.2 as follows:

5 (225 ILCS 60/11.2 new)
6 Sec. 11.2. Firearm Owners Identification Card Act; 
7certification. 
8 (a) A physician who performs mental health evaluations 
9under subsection (u) of Section 8 of the Firearm Owners 
10Identification Card Act must obtain a certification from the 
11Department, to be renewed per license year, that the physician 
12has completed all trainings as provided by this Section.
13 (b) The Department shall promulgate rules of continuing 
14education for physicians who perform mental health evaluations 
15under subsection (u) of Section 8 of the Firearm Owners 
16Identification Card Act that require 6 hours of continuing 
17education per license year. In establishing these rules, the 
18Department shall consider and incorporate guidance from the 
19Illinois State Police and Illinois Department of Public 
20Health. The rules shall be consistent with best practices 
21relating to firearm safety and shall include, but are not 
22limited to, education of the Firearm Owners Identification 
23Card Act, safe storage of firearms, risks of firearms to 
24individuals who are a clear and present risk to themselves or 
 
 
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1others, and actions that can be taken to alert law enforcement 
2of individuals who own firearms and pose a clear and present 
3risk to themselves or others. The Department shall 
4periodically update the curriculum of continuing education as 
5it sees fit, but, at a minimum, shall update the curriculum 
6every 4 years.
7 (c) The Department shall develop and disseminate 
8educational materials relating to this continuing education, 
9and shall provide this continuing education as an additional 
10option whenever the continuing education under Section 20 of 
11this Act is provided.
12 (d) The Department shall certify each physician who has 
13completed this continuing education for the license year as 
14qualified to conduct mental health evaluations under 
15subsection (u) of Section 8 of the Firearm Owners 
16Identification Card Act. A physician who is not certified by 
17the Department shall not conduct such mental health 
18evaluations. The Department shall maintain records of 
19certification and shall provide unrestricted access to such 
20records with the Firearms Record Challenge Unit of the 
21Illinois State Police.
22 (e) The cost of enrolling in this continuing education 
23shall be set by the Department, by rule, and the Department of 
24Human Services shall reimburse the Department, the Illinois 
25State Police, and the Department of Public Health for the 
26development, administration, and maintenance of such 
 
 
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1continuing education and any continuing education materials.

2 (225 ILCS 60/20) (from Ch. 111, par. 4400-20)
3 (Section scheduled to be repealed on January 1, 2027)
4 Sec. 20. Continuing education.  
5 (a) The Department shall promulgate rules of continuing 
6education for persons licensed under this Act that require an 
7average of 50 hours of continuing education per license year. 
8These rules shall be consistent with requirements of relevant 
9professional associations, specialty societies, or boards. The 
10rules shall also address variances in part or in whole for good 
11cause, including, but not limited to, temporary illness or 
12hardship. In establishing these rules, the Department shall 
13consider educational requirements for medical staffs, 
14requirements for specialty society board certification or for 
15continuing education requirements as a condition of membership 
16in societies representing the 2 categories of licensee under 
17this Act. These rules shall assure that licensees are given 
18the opportunity to participate in those programs sponsored by 
19or through their professional associations or hospitals which 
20are relevant to their practice. Each licensee is responsible 
21for maintaining records of completion of continuing education 
22and shall be prepared to produce the records when requested by 
23the Department.
24 (b) The continuing education under Section 11.2 shall be 
25an additional requirement, in addition to the continuing 
 
 
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1education under subsection (a) of this Section, offered only 
2to physicians who conduct mental health evaluations under 
3subsection (u) of Section 8 of the Firearm Owners 
4Identification Card Act. 
5(Source: P.A. 97-622, eff. 11-23-11.)

6 Section 25. The Nurse Practice Act is amended by changing 
7Section 60-40 and by adding Section 60-45 as follows:

8 (225 ILCS 65/60-40)
9 (Section scheduled to be repealed on January 1, 2028)
10 Sec. 60-40. Continuing education for RN licensees. The 
11Department may adopt rules of continuing education for 
12registered professional nurses licensed under this Act that 
13require 20 hours of continuing education per 2-year license 
14renewal cycle. The rules shall address variances in part or in 
15whole for good cause, including without limitation illness or 
16hardship. The continuing education rules must ensure that 
17licensees are given the opportunity to participate in programs 
18sponsored by or through their State or national professional 
19associations, hospitals, or other providers of continuing 
20education. The continuing education rules must allow for a 
21licensee to complete all required hours of continuing 
22education in an online format. Each licensee is responsible 
23for maintaining records of completion of continuing education 
24and shall be prepared to produce the records when requested by 
 
 
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1the Department. The Department shall provide the additional 
2continuing education as provided in Section 60-45 in a similar 
3manner to the education provided by this Section, except that 
4the continuing education as provided in Section 60-45 must 
5include all educational materials developed by the Department, 
6the Illinois State Police, and the Illinois Department of 
7Public Health, as provided by subsection (b) of that Section. 
8(Source: P.A. 101-655, eff. 3-12-21.)

9 (225 ILCS 65/60-45 new)
10 Sec. 60-45. Firearm Owners Identification Card Act; 
11certification. 
12 (a) A registered nurse who performs mental health 
13evaluations under subsection (u) of Section 8 of the Firearm 
14Owners Identification Card Act must obtain a certification 
15from the Department, to be renewed per 2-year license year, 
16that the registered nurse has completed all trainings as 
17provided by this Section.
18 (b) The Department shall adopt rules of continuing 
19education for registered nurses who perform mental health 
20evaluations under subsection (u) of Section 8 of the Firearm 
21Owners Identification Card Act to require 6 hours of 
22continuing education per license year, in addition to any 
23other continuing education requirements as required by law. In 
24establishing these rules, the Department shall consider and 
25incorporate guidance from the Illinois State Police and 
 
 
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1Illinois Department of Public Health. The rules shall be 
2consistent with best practices relating to firearm safety and 
3shall include, but are not limited to, education of the 
4Firearm Owners Identification Card Act, safe storage of 
5firearms, risks of firearms to individuals who are a clear and 
6present risk to themselves or others, and actions that can be 
7taken to alert law enforcement of individuals who own firearms 
8and pose a clear and present risk to themselves or others. The 
9Department shall periodically update the curriculum of 
10continuing education as it sees fit, but, at a minimum, shall 
11update the curriculum every 4 years.
12 (c) The Department shall develop and disseminate 
13educational materials relating to this continuing education, 
14and shall provide this continuing education as an additional 
15option whenever the continuing education under Section 60-40 
16of this Act is provided.
17 (d) The Department shall certify each registered nurse who 
18has completed this continuing education for the license year 
19as qualified to conduct mental health evaluations under 
20subsection (u) of Section 8 of the Firearm Owners 
21Identification Card Act. A registered nurse who is not 
22certified by the Department shall not conduct such mental 
23health evaluations. The Department shall maintain records of 
24certification and shall provide unrestricted access to such 
25records with the Firearms Record Challenge Unit of the 
26Illinois State Police.
 
 
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1 (e) The cost of enrolling in this continuing education 
2shall be set by the Department, by rule, and the Department of 
3Human Services shall reimburse the Department, the Illinois 
4State Police, and the Department of Public Health for the 
5development, administration, and maintenance of such 
6continuing education and any continuing education materials.

7 Section 30. The Professional Counselor and Clinical 
8Professional Counselor Licensing and Practice Act is amended 
9by adding Section 55.1 as follows:

10 (225 ILCS 107/55.1 new)
11 Sec. 55.1. Firearm Owners Identification Card Act; 
12certification 
13 (a) A clinical professional counselor who performs mental 
14health evaluations under subsection (u) of Section 8 of the 
15Firearm Owners Identification Card Act must obtain a 
16certification from the Department, to be renewed per 2-year 
17license year, that the clinical professional counselor has 
18completed all trainings as provided by this Section.
19 (b) The Department shall promulgate rules of continuing 
20education for clinical professional counselors who perform 
21mental health evaluations under subsection (u) of Section 8 of 
22the Firearm Owners Identification Card Act to require 6 hours 
23of continuing education per license year, in addition to any 
24other continuing education requirements as required by law. In 
 
 
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1establishing these rules, the Department shall consider and 
2incorporate guidance from the Illinois State Police and 
3Illinois Department of Public Health. The rules shall be 
4consistent with best practices relating to firearm safety and 
5shall include, but are not limited to, education of the 
6Firearm Owners Identification Card Act, safe storage of 
7firearms, risks of firearms to individuals who are a clear and 
8present risk to themselves or others, and actions that can be 
9taken to alert law enforcement of individuals who own firearms 
10and pose a clear and present risk to themselves or others. The 
11Department shall periodically update the curriculum of 
12continuing education as it sees fit, but, at a minimum, shall 
13update the curriculum every 4 years.
14 (c) The Department shall develop and disseminate 
15educational materials relating to this continuing education, 
16and shall provide this continuing education as an additional 
17option whenever the continuing education under Section 50 of 
18this Act is provided.
19 (d) The Department shall certify each clinical 
20professional counselor who has completed this continuing 
21education for the license year as qualified to conduct mental 
22health evaluations under subsection (u) of Section 8 of the 
23Firearm Owners Identification Card Act. A clinical 
24professional counselor who is not certified by the Department 
25shall not conduct such mental health evaluations. The 
26Department shall maintain records of certification and shall 
 
 
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1provide unrestricted access to such records with the Firearms 
2Record Challenge Unit of the Illinois State Police.
3 (e) The cost of enrolling in this continuing education 
4shall be set by the Department, by rule, and the Department of 
5Human Services shall reimburse the Department of Public Health 
6for the development, administration, and maintenance of such 
7continuing education and any continuing education materials.

8 Section 35. The Firearm Owners Identification Card Act is 
9amended by changing Sections 1.1 and 8 as follows:

10 (430 ILCS 65/1.1)
11 Sec. 1.1. For purposes of this Act:
12 "Addicted to narcotics" means a person who has been:
13  (1) convicted of an offense involving the use or 
14 possession of cannabis, a controlled substance, or 
15 methamphetamine within the past year; or
16  (2) determined by the Illinois State Police to be 
17 addicted to narcotics based upon federal law or federal 
18 guidelines. 
19 "Addicted to narcotics" does not include possession or use 
20of a prescribed controlled substance under the direction and 
21authority of a physician or other person authorized to 
22prescribe the controlled substance when the controlled 
23substance is used in the prescribed manner.
24 "Adjudicated as a person with a mental disability" means 
 
 
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1the person is the subject of a determination by a court, board, 
2commission or other lawful authority that the person, as a 
3result of marked subnormal intelligence, or mental illness, 
4mental impairment, incompetency, condition, or disease:
5  (1) presents a clear and present danger to himself, 
6 herself, or to others;
7  (2) lacks the mental capacity to manage his or her own 
8 affairs or is adjudicated a person with a disability as 
9 defined in Section 11a-2 of the Probate Act of 1975;
10  (3) is not guilty in a criminal case by reason of 
11 insanity, mental disease or defect;
12  (3.5) is guilty but mentally ill, as provided in 
13 Section 5-2-6 of the Unified Code of Corrections;
14  (4) is incompetent to stand trial in a criminal case;
15  (5) is not guilty by reason of lack of mental 
16 responsibility under Articles 50a and 72b of the Uniform 
17 Code of Military Justice, 10 U.S.C. 850a, 876b;
18  (6) is a sexually violent person under subsection (f) 
19 of Section 5 of the Sexually Violent Persons Commitment 
20 Act; 
21  (7) is a sexually dangerous person under the Sexually 
22 Dangerous Persons Act;
23  (8) is unfit to stand trial under the Juvenile Court 
24 Act of 1987;
25  (9) is not guilty by reason of insanity under the 
26 Juvenile Court Act of 1987;
 
 
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1  (10) is subject to involuntary admission as an 
2 inpatient as defined in Section 1-119 of the Mental Health 
3 and Developmental Disabilities Code;
4  (11) is subject to involuntary admission as an 
5 outpatient as defined in Section 1-119.1 of the Mental 
6 Health and Developmental Disabilities Code;
7  (12) is subject to judicial admission as set forth in 
8 Section 4-500 of the Mental Health and Developmental 
9 Disabilities Code; or
10  (13) is subject to the provisions of the Interstate 
11 Agreements on Sexually Dangerous Persons Act. 
12 "Clear and present danger" means a person who:
13  (1) communicates a serious threat of physical violence 
14 against a reasonably identifiable victim or poses a clear 
15 and imminent risk of serious physical injury to himself, 
16 herself, or another person as determined by a physician, 
17 clinical psychologist, or qualified examiner; or
18  (2) demonstrates threatening physical or verbal 
19 behavior, such as violent, suicidal, or assaultive 
20 threats, actions, or other behavior, as determined by a 
21 physician, clinical psychologist, qualified examiner, 
22 school administrator, or law enforcement official.
23 "Clinical psychologist" has the meaning provided in 
24Section 1-103 of the Mental Health and Developmental 
25Disabilities Code, except that any clinical psychologist who 
26conducts mental health evaluations under subsection (u) of 
 
 
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1Section 8 of this Act shall be up to date on the clinical 
2psychologist's continuing education and must possess a valid 
3certification, as provided by Section 12.1 of the Clinical 
4Psychologist Licensing Act, from the Illinois Department of 
5Financial and Professional Regulation..
6 "Controlled substance" means a controlled substance or 
7controlled substance analog as defined in the Illinois 
8Controlled Substances Act. 
9 "Counterfeit" means to copy or imitate, without legal 
10authority, with intent to deceive.
11 "Developmental disability" means a severe, chronic 
12disability of an individual that:
13  (1) is attributable to a mental or physical impairment 
14 or combination of mental and physical impairments;
15  (2) is manifested before the individual attains age 
16 22;
17  (3) is likely to continue indefinitely;
18  (4) results in substantial functional limitations in 3 
19 or more of the following areas of major life activity:
20   (A) Self-care. 
21   (B) Receptive and expressive language. 
22   (C) Learning. 
23   (D) Mobility. 
24   (E) Self-direction. 
25   (F) Capacity for independent living. 
26   (G) Economic self-sufficiency; and
 
 
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1  (5) reflects the individual's need for a combination 
2 and sequence of special, interdisciplinary, or generic 
3 services, individualized supports, or other forms of 
4 assistance that are of lifelong or extended duration and 
5 are individually planned and coordinated.
6 "Federally licensed firearm dealer" means a person who is 
7licensed as a federal firearms dealer under Section 923 of the 
8federal Gun Control Act of 1968 (18 U.S.C. 923). 
9 "Firearm" means any device, by whatever name known, which 
10is designed to expel a projectile or projectiles by the action 
11of an explosion, expansion of gas or escape of gas; excluding, 
12however:
13  (1) any pneumatic gun, spring gun, paint ball gun, or 
14 B-B gun which expels a single globular projectile not 
15 exceeding .18 inch in diameter or which has a maximum 
16 muzzle velocity of less than 700 feet per second;
17  (1.1) any pneumatic gun, spring gun, paint ball gun, 
18 or B-B gun which expels breakable paint balls containing 
19 washable marking colors;
20  (2) any device used exclusively for signaling or 
21 safety and required or recommended by the United States 
22 Coast Guard or the Interstate Commerce Commission;
23  (3) any device used exclusively for the firing of stud 
24 cartridges, explosive rivets or similar industrial 
25 ammunition; and
26  (4) an antique firearm (other than a machine-gun) 
 
 
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1 which, although designed as a weapon, the Illinois State 
2 Police finds by reason of the date of its manufacture, 
3 value, design, and other characteristics is primarily a 
4 collector's item and is not likely to be used as a weapon.
5 "Firearm ammunition" means any self-contained cartridge or 
6shotgun shell, by whatever name known, which is designed to be 
7used or adaptable to use in a firearm; excluding, however:
8  (1) any ammunition exclusively designed for use with a 
9 device used exclusively for signaling or safety and 
10 required or recommended by the United States Coast Guard 
11 or the Interstate Commerce Commission; and
12  (2) any ammunition designed exclusively for use with a 
13 stud or rivet driver or other similar industrial 
14 ammunition.
15 "Gun show" means an event or function:
16  (1) at which the sale and transfer of firearms is the 
17 regular and normal course of business and where 50 or more 
18 firearms are displayed, offered, or exhibited for sale, 
19 transfer, or exchange; or
20  (2) at which not less than 10 gun show vendors 
21 display, offer, or exhibit for sale, sell, transfer, or 
22 exchange firearms. 
23 "Gun show" includes the entire premises provided for an 
24event or function, including parking areas for the event or 
25function, that is sponsored to facilitate the purchase, sale, 
26transfer, or exchange of firearms as described in this 
 
 
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1Section. Nothing in this definition shall be construed to 
2exclude a gun show held in conjunction with competitive 
3shooting events at the World Shooting Complex sanctioned by a 
4national governing body in which the sale or transfer of 
5firearms is authorized under subparagraph (5) of paragraph (g) 
6of subsection (A) of Section 24-3 of the Criminal Code of 2012. 
7 Unless otherwise expressly stated, "gun show" does not 
8include training or safety classes, competitive shooting 
9events, such as rifle, shotgun, or handgun matches, trap, 
10skeet, or sporting clays shoots, dinners, banquets, raffles, 
11or any other event where the sale or transfer of firearms is 
12not the primary course of business.
13 "Gun show promoter" means a person who organizes or 
14operates a gun show.
15 "Gun show vendor" means a person who exhibits, sells, 
16offers for sale, transfers, or exchanges any firearms at a gun 
17show, regardless of whether the person arranges with a gun 
18show promoter for a fixed location from which to exhibit, 
19sell, offer for sale, transfer, or exchange any firearm.
20 "Intellectual disability" means significantly subaverage 
21general intellectual functioning, existing concurrently with 
22deficits in adaptive behavior and manifested during the 
23developmental period, which is defined as before the age of 
2422, that adversely affects a child's educational performance.
25 "Involuntarily admitted" has the meaning as prescribed in 
26Sections 1-119 and 1-119.1 of the Mental Health and 
 
 
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1Developmental Disabilities Code. 
2 "Mental health facility" means any licensed private 
3hospital or hospital affiliate, institution, or facility, or 
4part thereof, and any facility, or part thereof, operated by 
5the State or a political subdivision thereof which provides 
6treatment of persons with mental illness and includes all 
7hospitals, institutions, clinics, evaluation facilities, 
8mental health centers, colleges, universities, long-term care 
9facilities, and nursing homes, or parts thereof, which provide 
10treatment of persons with mental illness whether or not the 
11primary purpose is to provide treatment of persons with mental 
12illness. 
13 "National governing body" means a group of persons who 
14adopt rules and formulate policy on behalf of a national 
15firearm sporting organization. 
16 "Noncitizen" means a person who is not a citizen of the 
17United States, but is a person who is a foreign-born person who 
18lives in the United States, has not been naturalized, and is 
19still a citizen of a foreign country. 
20 "Patient" means:
21  (1) a person who is admitted as an inpatient or 
22 resident of a public or private mental health facility for 
23 mental health treatment under Chapter III of the Mental 
24 Health and Developmental Disabilities Code as an informal 
25 admission, a voluntary admission, a minor admission, an 
26 emergency admission, or an involuntary admission, unless 
 
 
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1 the treatment was solely for an alcohol abuse disorder; or
2  (2) a person who voluntarily or involuntarily receives 
3 mental health treatment as an out-patient or is otherwise 
4 provided services by a public or private mental health 
5 facility and who poses a clear and present danger to 
6 himself, herself, or others. 
7 "Physician" has the meaning as defined in Section 1-120 of 
8the Mental Health and Developmental Disabilities Code, except 
9that any physician who conducts mental health evaluations 
10under subsection (u) of Section 8 of this Act shall be up to 
11date on the physician's continuing education and must possess 
12a valid certification, as provided by Section 11.2 of the 
13Medical Practices Act of 1987, from the Illinois Department of 
14Financial and Professional Regulation.
15 "Protective order" means any orders of protection issued 
16under the Illinois Domestic Violence Act of 1986, stalking no 
17contact orders issued under the Stalking No Contact Order Act, 
18civil no contact orders issued under the Civil No Contact 
19Order Act, and firearms restraining orders issued under the 
20Firearms Restraining Order Act or a substantially similar 
21order issued by the court of another state, tribe, or United 
22States territory or military judge.
23 "Qualified examiner" has the meaning provided in Section 
241-122 of the Mental Health and Developmental Disabilities 
25Code, except that any qualified examiner who conducts mental 
26health evaluations under subsection (u) of Section 8 of this 
 
 
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1Act shall be up to date on the qualified examiner's continuing 
2education and must possess a valid certification, as provided 
3by the qualified examiner's relevant licensing Act, from the 
4Illinois Department of Financial and Professional Regulation.
5 "Sanctioned competitive shooting event" means a shooting 
6contest officially recognized by a national or state shooting 
7sport association, and includes any sight-in or practice 
8conducted in conjunction with the event. 
9 "School administrator" means the person required to report 
10under the School Administrator Reporting of Mental Health 
11Clear and Present Danger Determinations Law.
12 "Stun gun or taser" has the meaning ascribed to it in 
13Section 24-1 of the Criminal Code of 2012.
14(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; 
15102-813, eff. 5-13-22; 102-890, eff. 5-19-22; 102-972, eff. 
161-1-23; 102-1030, eff. 5-27-22; 103-154, eff. 6-30-23; 
17103-407, eff. 7-28-23.)

18 (430 ILCS 65/8) (from Ch. 38, par. 83-8)
19 Sec. 8. Grounds for denial and revocation. The Illinois 
20State Police has authority to deny an application for or to 
21revoke and seize a Firearm Owner's Identification Card 
22previously issued under this Act only if the Illinois State 
23Police finds that the applicant or the person to whom such card 
24was issued is or was at the time of issuance:
25  (a) A person under 21 years of age who has been 
 
 
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1 convicted of a misdemeanor other than a traffic offense or 
2 adjudged delinquent;
3  (b) This subsection (b) applies through the 180th day 
4 following July 12, 2019 (the effective date of Public Act 
5 101-80). A person under 21 years of age who does not have 
6 the written consent of his parent or guardian to acquire 
7 and possess firearms and firearm ammunition, or whose 
8 parent or guardian has revoked such written consent, or 
9 where such parent or guardian does not qualify to have a 
10 Firearm Owner's Identification Card;
11  (b-5) This subsection (b-5) applies on and after the 
12 181st day following July 12, 2019 (the effective date of 
13 Public Act 101-80). A person under 21 years of age who is 
14 not an active duty member of the United States Armed 
15 Forces or the Illinois National Guard and does not have 
16 the written consent of his or her parent or guardian to 
17 acquire and possess firearms and firearm ammunition, or 
18 whose parent or guardian has revoked such written consent, 
19 or where such parent or guardian does not qualify to have a 
20 Firearm Owner's Identification Card; 
21  (c) A person convicted of a felony under the laws of 
22 this or any other jurisdiction;
23  (d) A person addicted to narcotics;
24  (e) A person who has been a patient of a mental health 
25 facility within the past 5 years or a person who has been a 
26 patient in a mental health facility more than 5 years ago 
 
 
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1 who has not received the certification required under 
2 subsection (u) of this Section. An active law enforcement 
3 officer employed by a unit of government or a Department 
4 of Corrections employee authorized to possess firearms who 
5 is denied, revoked, or has his or her Firearm Owner's 
6 Identification Card seized under this subsection (e) may 
7 obtain relief as described in subsection (c-5) of Section 
8 10 of this Act if the officer or employee did not act in a 
9 manner threatening to the officer or employee, another 
10 person, or the public as determined by the treating 
11 clinical psychologist or physician, and the officer or 
12 employee seeks mental health treatment;
13  (f) A person whose mental condition is of such a 
14 nature that it poses a clear and present danger to the 
15 applicant, any other person or persons, or the community;
16  (g) A person who has an intellectual disability;
17  (h) A person who intentionally makes a false statement 
18 in the Firearm Owner's Identification Card application or 
19 endorsement affidavit;
20  (i) A noncitizen who is unlawfully present in the 
21 United States under the laws of the United States;
22  (i-5) A noncitizen who has been admitted to the United 
23 States under a non-immigrant visa (as that term is defined 
24 in Section 101(a)(26) of the Immigration and Nationality 
25 Act (8 U.S.C. 1101(a)(26))), except that this subsection 
26 (i-5) does not apply to any noncitizen who has been 
 
 
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1 lawfully admitted to the United States under a 
2 non-immigrant visa if that noncitizen is:
3   (1) admitted to the United States for lawful 
4 hunting or sporting purposes;
5   (2) an official representative of a foreign 
6 government who is:
7    (A) accredited to the United States Government 
8 or the Government's mission to an international 
9 organization having its headquarters in the United 
10 States; or
11    (B) en route to or from another country to 
12 which that noncitizen is accredited;
13   (3) an official of a foreign government or 
14 distinguished foreign visitor who has been so 
15 designated by the Department of State;
16   (4) a foreign law enforcement officer of a 
17 friendly foreign government entering the United States 
18 on official business; or
19   (5) one who has received a waiver from the 
20 Attorney General of the United States pursuant to 18 
21 U.S.C. 922(y)(3);
22  (j) (Blank);
23  (k) A person who has been convicted within the past 5 
24 years of battery, assault, aggravated assault, violation 
25 of an order of protection, or a substantially similar 
26 offense in another jurisdiction, in which a firearm was 
 
 
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1 used or possessed;
2  (l) A person who has been convicted of domestic 
3 battery, aggravated domestic battery, or a substantially 
4 similar offense in another jurisdiction committed before, 
5 on or after January 1, 2012 (the effective date of Public 
6 Act 97-158). If the applicant or person who has been 
7 previously issued a Firearm Owner's Identification Card 
8 under this Act knowingly and intelligently waives the 
9 right to have an offense described in this paragraph (l) 
10 tried by a jury, and by guilty plea or otherwise, results 
11 in a conviction for an offense in which a domestic 
12 relationship is not a required element of the offense but 
13 in which a determination of the applicability of 18 U.S.C. 
14 922(g)(9) is made under Section 112A-11.1 of the Code of 
15 Criminal Procedure of 1963, an entry by the court of a 
16 judgment of conviction for that offense shall be grounds 
17 for denying an application for and for revoking and 
18 seizing a Firearm Owner's Identification Card previously 
19 issued to the person under this Act;
20  (m) (Blank);
21  (n) A person who is prohibited from acquiring or 
22 possessing firearms or firearm ammunition by any Illinois 
23 State statute or by federal law;
24  (o) A minor subject to a petition filed under Section 
25 5-520 of the Juvenile Court Act of 1987 alleging that the 
26 minor is a delinquent minor for the commission of an 
 
 
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1 offense that if committed by an adult would be a felony; 
2  (p) An adult who had been adjudicated a delinquent 
3 minor under the Juvenile Court Act of 1987 for the 
4 commission of an offense that if committed by an adult 
5 would be a felony;
6  (q) A person who is not a resident of the State of 
7 Illinois, except as provided in subsection (a-10) of 
8 Section 4; 
9  (r) A person who has been adjudicated as a person with 
10 a mental disability; 
11  (s) A person who has been found to have a 
12 developmental disability; 
13  (t) A person involuntarily admitted into a mental 
14 health facility; or 
15  (u) A person who has had his or her Firearm Owner's 
16 Identification Card revoked or denied under subsection (e) 
17 of this Section or item (iv) of paragraph (2) of 
18 subsection (a) of Section 4 of this Act because he or she 
19 was a patient in a mental health facility as provided in 
20 subsection (e) of this Section, shall not be permitted to 
21 obtain a Firearm Owner's Identification Card, after the 
22 5-year period has lapsed, unless he or she has received a 
23 mental health evaluation by a physician, clinical 
24 psychologist, or qualified examiner as those terms are 
25 defined in the Mental Health and Developmental 
26 Disabilities Code, and has received a certification that 
 
 
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1 he or she is not a clear and present danger to himself, 
2 herself, or others. The person receiving a mental health 
3 evaluation shall provide all collateral records to the 
4 physician, clinical psychologist, or qualified examiner 
5 making the certification and the person shall attest, by 
6 signature, that all collateral records have been provided 
7 to the evaluator prior to the mental health evaluation. 
8 The physician, clinical psychologist, or qualified 
9 examiner making the certification and his or her employer 
10 shall not be held criminally, civilly, or professionally 
11 liable for making or not making the certification required 
12 under this subsection, except for willful or wanton 
13 misconduct. This subsection does not apply to a person 
14 whose firearm possession rights have been restored through 
15 administrative or judicial action under Section 10 or 11 
16 of this Act. 
17 Upon revocation of a person's Firearm Owner's 
18Identification Card, the Illinois State Police shall provide 
19notice to the person and the person shall comply with Section 
209.5 of this Act. 
21(Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21; 
22102-645, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff. 
235-27-22; 102-1116, eff. 1-10-23.)

24 Section 40. The Mental Health and Developmental 
25Disabilities Confidentiality Act is amended by adding Section 
 
 
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18.2 as follows:

2 (740 ILCS 110/8.2 new)
3 Sec. 8.2. Investigators and attorneys employed by the 
4Department of Financial and Professional Regulation; 
5inspection and copying of recipient records. An investigator 
6or attorney employed by the Department of Financial and 
7Professional Regulation investigating any provider of mental 
8health or developmental disabilities services who is a 
9licensee of the Department shall be entitled to inspect and 
10copy a recipient record or any part thereof upon the 
11presentation of a Department subpoena. A subpoena for records 
12issued to a federally assisted substance use disorder program 
13as defined in 42 CFR 2.12(b) must be accompanied by a court 
14order if required by 42 CFR 2.66. The Department shall notify 
15recipients upon receiving records obtained via subpoena. 
16Nothing in this Act prohibits the use of a recipients records 
17in an administrative proceeding conducted by the Department.
 
 
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1
INDEX

2
Statutes amended in order of appearance