Arc and DHS Clarifies Who Must Report Dangerous Activity
Phil and I have been doing research on the new “Conceal Carry Law” and its implications for
community providers and individuals with intellectual and developmental disabilities. At this
point, the following information is a good start on your responsibilities. CILA’s are not named in
the law so it is up to the organization if they want to post signs prohibiting guns similar to
schools. Mandated reporters are primarily clinicians but read on.
Shortly there will be clarification materials specific to developmental disabilities but the
implications for students and adults with behavioral health labels are very problematic for The
Arc. We will share information as it becomes available to us.
Tony
DHS Clarifies Who Must Report Dangerous Activity and What
Constitutes “Clear and Present Danger”
SPRINGFIELD – The Illinois Department of Human Services (IDHS) today announced new
Firearm Owner Identification (FOID) Mental Health Reporting System requirements as part of
the Firearm Concealed Carry Act (PA 98-063). IDHS plans to raise awareness of the new law
that took effect on July 9, 2013, that requires a variety of clinicians and other health
professionals to report patients who they believe pose a “clear and present danger” to
themselves or others. The definition of “clear and present danger” has been clarified and the
number of health professions required to report has been expanded under the new law.
“The new concealed carry law broadens the scope of the Illinois FOID Mental Health Reporting
System, both [in terms of] who must report and what information they must report,” IDHS
Secretary Michelle R.B. Saddler said. “We are partnering with our sister state agencies and
many statewide associations and others to ensure that clinicians and facilities understand the
importance of the new reporting requirements.”
The Illinois FOID Mental Health Reporting System is an online system administered by IDHS. It
collects information on persons in Illinois who have been declared in court to be mentally
disabled; admitted to an inpatient mental health facility within the last five years; determined to be
a “clear and present danger” to themselves or others or determined to be developmentally
disabled.
The system mandates clinicians, mental health facilities and qualified examiners to report persons
who meet any of the above criteria to IDHS within the time frames set forth in the law. A qualified
examiner includes social workers, registered nurses, clinical professional counselors, and marriage
and family therapists who report only if they have an additional three years of clinical experience involving evaluation and treatment with patients that have a mental illness.
IDHS then cross-references persons to the ISP FOID database for matches, which are then reported
to the Illinois State Police. ISP is then responsible for investigating and processing or rejecting the
application for the FOID card. The purpose of these regulations is to save lives through common
sense reform and careful oversight.
IDHS must be notified of anyone who communicates a serious threat of physical violence against a
reasonably identifiable victim or poses a clear and imminent risk of serious physical injury to himself,
herself or another person; or who demonstrates threatening physical or verbal behavior, such as
violent, suicidal, or assaultive threats, actions, or other behavior as determined by a physician, clinical psychologist or qualified examiner. All reports must be completed via the new Illinois FOID Reporting
System developed and maintained by IDHS.
Those entities required to report include hospitals; nursing homes; residential settings; and outpatient
facilities. Clinicians and qualified examiners who must report include; physicians; psychiatrists; clinical psychologists; clinical social workers; registered nurses; licensed clinical professional counselors; and
marriage and family therapists. All reporting is confidential and HIPAA compliant.
FOID Frequently Asked Questions
Facilities and Clinicians
What is the DHS FOID Mental Health Reporting System?
The DHS Firearms Owner’s Identification (FOID) Mental Health Reporting System collects information
on persons in Illinois that have been: adjudicated mentally disabled persons; voluntarily admitted to a psychiatric unit; determined to be a “Clear and Present Danger”; and/or determined to be
“Developmentally Disabled/ Intellectually Disabled.” The DHS FOID Mental Health Reporting System
website provides clinicians and facilities with 24-hour and immediate access to report an individual.
Who should report?
Mental Health Facilities: Hospitals, nursing homes, some residential settings, outpatient facilities.
Clinicians: Physicians, psychiatrists, clinical psychologists, and qualified examiners.
Who has access to the information in the DHS FOID Mental Health Reporting System?
Only a very small number of IDHS personnel are involved in the collection and maintenance of the
mental health information.
If a patient is treated for Alcohol or Substance Abuse, will he/she be reported?
No. Federal regulations prohibit IDHS from collecting treatment for alcohol or substance abuse.
That information is not to be reported to the DHS FOID Mental Health Reporting System. However,
a physician, psychologist, or qualified examiner is required to report any person who is a “clear and
present danger”.
If a patient is seeing an outpatient therapist for problems such as depression, anxiety, or any other
type of mental illness, will the clinician have to report on the DHS FOID Mental Health Reporting
System?
No. An outpatient therapist will only make a report if a patient is determined to be a clear and present
danger, developmentally disabled, or intellectually disabled by that qualified examiner.
Can DHS take away a FOID card?
DHS does not have the authority to revoke FOID cards; only the Illinois State Police revokes FOID
and/or Concealed Carry licenses.
Tony Paulauski Executive Director
The Arc of Illinois
20901 S. LaGrange Rd. Suite 209
Frankfort, IL 60423
815-464-1832 (OFFICE)
815-464-1832 (CELL)
Tony@www.thearcofil.org
