Illinois Administrative Code
Title 59 - MENTAL HEALTH
Part 150 - MENTAL HEALTH REPORTING FOR FIREARM OWNER'S IDENTIFICATION CARD
Subpart B - MENTAL HEALTH FACILITY REPORTING
Section 150.100 - Reporting
Universal Citation: 59 IL Admin Code ยง 150.100
Current through Register Vol. 48, No. 12, March 22, 2024
a) Inpatient mental health facilities are required to report to DHS all persons who are prohibited from obtaining a FOID Card under Section 8(e), (f), (g), (r), (s) and/or (t) of the FOID Act.
1) Those provisions cover the
following situations:
A) a person who has been
a patient of a mental health facility within the past 5 years (see Section 8(e)
of the FOID Act);
B) a person who
had been a patient in a mental health facility more than 5 years ago who has
not received the certification required under Section 8(u) of the FOID Act (see
Section 8(e) of the FOID Act);
C) a
person who is a clear and present danger to himself or herself, any other
person or persons, or the community (see Section 8(f) of the FOID
Act);
D) a person who is
intellectually disabled (see Section 8(g) of the FOID Act);
E) a person who has been adjudicated as a
mentally disabled person (see Section 8(r) of the FOID Act);
F) a person who has been found to be
developmentally disabled (see Section 8(s) of the FOID Act); or
G) a person involuntarily admitted into a
mental health facility (see Section 8(t) of the FOID Act).
2) It should be noted that outpatient mental
health facilities that provide only outpatient services must report events that
would quality under Section 8(f), (g), (r), (s) and/or (t) of the FOID
Act.
b) Mental health facilities are required to report within 7 calendar days after a person is admitted as an inpatient or as a resident and within 7 calendar days after a person is discharged from inpatient or residential care.
1) The following are several examples
relating to inpatient settings that clairify when an inpatient setting is
required to report to DHS:
A) The person is
admitted to the hospital and to the psychiatric or behavioral health unit of
the hospital for evaluation and treatment of a mental illness. The person would
be reported as an admission.
B) The
person is admitted to the hospital and to the psychiatric or behavioral health
unit of the hospital for evaluation and treatment of a mental illness and an
alcohol or substance abuse issue. The person would be reported as an
admission.
C) The person with
mental illness is admitted to the hospital and to a non-psychiatric or
behavioral health unit (e.g., intensive care unit, rehabilitation unit, etc.)
of the hospital for evaluation and treatment of an injury or illness. The
hospital transfers the person to the psychiatric or behavioral health unit. The
person would be reported as an admission.
D) The person with mental illness comes to
the emergency department of a hospital for the mental illness and is
transferred to another hospital for admission to its psychiatric or behavioral
unit. The person would not be reported by the sending hospital but is required
to be reported by the receiving hospital as an admission.
2) The following are several examples
relating to inpatient settings that clarify when an inpatient setting is not
required to report to DHS:
A) The person is
admitted to the hospital and to the behavioral health unit of the hospital for
evaluation and treatment of only an alcohol or substance abuse issue. The
person would not be reported as an admission.
B) The person is admitted to the hospital and
to the psychiatric or behavioral health unit of the hospital for evaluation and
treatment of a mental illness. Upon evaluation, the person is determined to
only have an alcohol or substance abuse issue. The person would not be reported
as an admission.
C) The person with
mental illness is admitted to the hospital and to a non-psychiatric,
non-behavioral health unit (e.g., intensive care unit, rehabilitation unit,
etc.) for evaluation and treatment of an injury or illness. The hospital
provides maintenance medication for the mental illness, but the person is not
admitted to the psychiatric or behavioral health unit. The person would not be
reported as an admission.
D) The
person with mental illness comes to the emergency department of a hospital for
an injury or illness, is treated and released. The person would not be reported
as an admission.
E) The person with
mental illness comes to the emergency department of a hospital for an injury or
illness, is admitted to the hospital (non-psychiatric unit) for the injury or
illness. The person would not be reported as an admission.
F) The person with mental illness comes to
the emergency department of a hospital for an injury or illness and is moved to
an observation area for 48 hours. The person is treated and released. The
person would not be reported as an admission.
G) The person with mental illness comes to
the emergency department of a hospital for mental illness and is given a
prescription for medication and a referral, but not admitted to the hospital.
The person would not be reported as an admission.
3) The following are several examples
relating to residential settings that clarify when a residential setting is
required to report to DHS:
A) The person with
mental illness is admitted to a nursing home and is placed on a specialized
behavioral health unit. The person would be reported as an admission.
B) The person with mental illness is provided
outpatient treatment while living in a supervised transitional residential
program. The supervised transitional residential program would report the
person as an admission. The outpatient program would not report the
person.
C) The person with mental
illness resides in a Specialized Mental Health Rehabilitation Facility. The
facility would report the person as an admission.
4) The following are several examples
relating to residential settings that clarify when a residential setting is not
required to report to DHS:
A) The person with
mental illness is admitted for outpatient treatment at a community mental
health agency or a clinic setting while living in his or her own home or
apartment. The person would not be reported.
B) The person with mental illness is admitted
to a nursing home for rehabilitation and/or physical therapy and is not placed
in a specialized behavioral health unit. The person would not be reported as an
admission.
5) An
adjudication as a mentally disabled person or an involuntary admission is
required to be reported within 7 calendar days after the event or knowledge of
that event. This may occur during the course of a patient's admission,
resulting in a report of the admission, a report of the adjudication as a
mentally disabled person, and a report upon discharge. It is possible that for
a single admission there could be several reporting events.
6) When a person is determined to be a clear
and present danger, he/she must be reported within 24 hours. If a person is
determined to be a clear and present danger during his/her admission to a
mental health facility, both a report of an admission and a report of a clear
and present danger must be made.
7)
When a person has been determined to be developmentally disabled, that event is
required to be reported within 24 hours. This may occur during the course of a
patient's admission, resulting in a report of the admission, a report of the
determination that a person is developmentally disabled, and a report upon
discharge.
8) To assist in meeting
the reporting timeframes, DHS shall establish a web-based reporting platform.
DHS shall update its records and information and shall notify ISP. Information
disclosed under this Section shall remain privileged and confidential, and
shall not be re-disclosed, except as required under Section 3.1(e) of the FOID
Act, nor used for any other purpose. The method of providing this information
shall guarantee that the information is not released beyond that necessary for
the purpose of this Section.
9) The
identity of the mental health facility reporting under this Section shall not
be disclosed to the person who is the subject of the report.
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