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. LRB104 10710 BDA 20789 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3157 Introduced , by Rep. Maura Hirschauer SYNOPSIS AS INTRODUCED: See Index 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. LRB104 10710 BDA 20789 b LRB104 10710 BDA 20789 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3157 Introduced , by Rep. Maura Hirschauer SYNOPSIS AS INTRODUCED: See Index See Index 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. LRB104 10710 BDA 20789 b LRB104 10710 BDA 20789 b LRB104 10710 BDA 20789 b A BILL FOR HB3157LRB104 10710 BDA 20789 b HB3157 LRB104 10710 BDA 20789 b HB3157 LRB104 10710 BDA 20789 b 1 AN ACT concerning safety. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Clinical Psychologist Licensing Act is 5 amended by changing Section 13 and by adding Section 12.1 as 6 follows: 7 (225 ILCS 15/12.1 new) 8 Sec. 12.1. Firearm Owners Identification Card Act; 9 certification. 10 (a) A clinical psychologist who performs mental health 11 evaluations under subsection (u) of Section 8 of the Firearm 12 Owners Identification Card Act must obtain a certification 13 from the Department, to be renewed per license year, that the 14 clinical psychologist has completed all trainings as provided 15 by this Section. 16 (b) The Department shall adopt rules of continuing 17 education for clinical psychologists who perform mental health 18 evaluations under subsection (u) of Section 8 of the Firearm 19 Owners Identification Card Act to require 6 hours of 20 continuing education per license year, in addition to any 21 other continuing education requirements as required by law. In 22 establishing these rules, the Department shall consider and 23 incorporate guidance from the Illinois State Police and 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3157 Introduced , by Rep. Maura Hirschauer SYNOPSIS AS INTRODUCED: See Index See Index 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. LRB104 10710 BDA 20789 b LRB104 10710 BDA 20789 b LRB104 10710 BDA 20789 b A BILL FOR See Index LRB104 10710 BDA 20789 b HB3157 LRB104 10710 BDA 20789 b HB3157- 2 -LRB104 10710 BDA 20789 b HB3157 - 2 - LRB104 10710 BDA 20789 b HB3157 - 2 - LRB104 10710 BDA 20789 b 1 Illinois Department of Public Health. The rules shall be 2 consistent with best practices relating to firearm safety and 3 shall include, but are not limited to, education of the 4 Firearm Owners Identification Card Act, safe storage of 5 firearms, risks of firearms to individuals who are a clear and 6 present risk to themselves or others, and actions that can be 7 taken to alert law enforcement of individuals who own firearms 8 and pose a clear and present risk to themselves or others. The 9 Department shall periodically update the curriculum of 10 continuing education as it sees fit, but, at a minimum, shall 11 update the curriculum every 4 years. 12 (c) The Department shall develop and disseminate 13 educational materials relating to this continuing education, 14 and shall provide this continuing education as an additional 15 option whenever the continuing education under Section 13 of 16 this Act is provided. 17 (d) The Department shall certify each clinical 18 psychologist who has completed this continuing education for 19 the license year as qualified to conduct mental health 20 evaluations under subsection (u) of Section 8 of the Firearm 21 Owners Identification Card Act. A clinical psychologist who is 22 not certified by the Department shall not conduct such mental 23 health evaluations. The Department shall maintain records of 24 certification and shall provide unrestricted access to such 25 records with the Firearms Record Challenge Unit of the 26 Illinois State Police. HB3157 - 2 - LRB104 10710 BDA 20789 b HB3157- 3 -LRB104 10710 BDA 20789 b HB3157 - 3 - LRB104 10710 BDA 20789 b HB3157 - 3 - LRB104 10710 BDA 20789 b 1 (e) The cost of enrolling in this continuing education 2 shall be set by the Department, by rule, and the Department of 3 Human Services shall reimburse the Department, the Illinois 4 State Police, and the Department of Public Health for the 5 development, administration, and maintenance of such 6 continuing 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 11 license issued under this Act shall be set by rule. Every 12 holder of a license under this Act may renew such license 13 during the 90-day period immediately preceding the expiration 14 date thereof upon payment of the required renewal fees and 15 demonstrating compliance with any continuing education 16 requirements. The Department shall adopt rules establishing 17 minimum requirements of continuing education and means for 18 verification of the completion of the continuing education 19 requirements. The Department may, by rule, specify 20 circumstances under which the continuing education 21 requirements may be waived. Under no circumstances shall the 22 continuing education requirements in Section 12.1 be waived. 23 A clinical psychologist who has permitted his or her 24 license to expire or who has had his or her license on inactive 25 status may have his or her license restored by making HB3157 - 3 - LRB104 10710 BDA 20789 b HB3157- 4 -LRB104 10710 BDA 20789 b HB3157 - 4 - LRB104 10710 BDA 20789 b HB3157 - 4 - LRB104 10710 BDA 20789 b 1 application to the Department and filing proof acceptable to 2 the Department, as defined by rule, of his or her fitness to 3 have his or her license restored, including evidence 4 certifying to active practice in another jurisdiction 5 satisfactory to the Department and by paying the required 6 restoration fee. 7 If the clinical psychologist has not maintained an active 8 practice in another jurisdiction satisfactory to the 9 Department, the Board shall determine, by an evaluation 10 program established by rule, his or her fitness to resume 11 active status and may require the clinical psychologist to 12 complete a period of supervised professional experience and 13 may require successful completion of an examination. 14 However, any clinical psychologist whose license expired 15 while he or she was (1) in Federal Service on active duty with 16 the Armed Forces of the United States, or the State Militia 17 called into service or training, or (2) in training or 18 education under the supervision of the United States 19 preliminary to induction into the military service, may have 20 his or her license renewed or restored without paying any 21 lapsed renewal fees if within 2 years after honorable 22 termination of such service, training or education he or she 23 furnishes the Department with satisfactory evidence to the 24 effect that he or she has been so engaged and that his or her 25 service, training or education has been so terminated. 26 (b) Notwithstanding any other provision of law, the HB3157 - 4 - LRB104 10710 BDA 20789 b HB3157- 5 -LRB104 10710 BDA 20789 b HB3157 - 5 - LRB104 10710 BDA 20789 b HB3157 - 5 - LRB104 10710 BDA 20789 b 1 following requirements for restoration of an inactive or 2 expired license of less than 5 years as set forth in subsection 3 (a) are suspended for any licensed clinical psychologist who 4 has had no disciplinary action taken against his or her 5 license in this State or in any other jurisdiction during the 6 entire period of licensure: proof of fitness, certification of 7 active practice in another jurisdiction, and the payment of a 8 renewal fee. An individual may not restore his or her license 9 in 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 12 Practice Act is amended by changing Section 11 and by adding 13 Section 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 17 military service; inactive status. 18 (a) The expiration date and renewal period for each 19 license issued under this Act shall be set by rule. The 20 licensee may renew a license during the 60-day period 21 preceding its expiration date by paying the required fee and 22 by demonstrating compliance with any continuing education 23 requirements. The Department shall adopt rules establishing 24 minimum requirements of continuing education and means for HB3157 - 5 - LRB104 10710 BDA 20789 b HB3157- 6 -LRB104 10710 BDA 20789 b HB3157 - 6 - LRB104 10710 BDA 20789 b HB3157 - 6 - LRB104 10710 BDA 20789 b 1 verification of the completion of the continuing education 2 requirements. The Department may, by rule, specify 3 circumstances under which the continuing education 4 requirements may be waived. Under no circumstances shall the 5 continuing education requirements in Section 12.1 be waived. 6 (b) Any person who has permitted a license to expire or who 7 has a license on inactive status may have it restored by 8 submitting an application to the Department and filing proof 9 of fitness, as defined by rule, to have the license restored, 10 including, if appropriate, evidence which is satisfactory to 11 the Department certifying the active practice of clinical 12 social work or social work in another jurisdiction and by 13 paying the required fee. 14 (b-5) If the person has not maintained an active practice 15 in another jurisdiction which is satisfactory to the 16 Department, the Department shall determine the person's 17 fitness to resume active status. The Department may also 18 require the person to complete a specific period of evaluated 19 clinical social work or social work experience and may require 20 successful completion of an examination for clinical social 21 workers. 22 (b-7) Notwithstanding any other provision of this Act, any 23 person whose license expired while on active duty with the 24 armed forces of the United States, while called into service 25 or training with the State Militia or in training or education 26 under the supervision of the United States government prior to HB3157 - 6 - LRB104 10710 BDA 20789 b HB3157- 7 -LRB104 10710 BDA 20789 b HB3157 - 7 - LRB104 10710 BDA 20789 b HB3157 - 7 - LRB104 10710 BDA 20789 b 1 induction into the military service may have the person's 2 license restored without paying any renewal fees if, within 2 3 years after the honorable termination of that service, 4 training or education, except under conditions other than 5 honorable, the Department is furnished with satisfactory 6 evidence that the person has been so engaged and that the 7 service, training or education has been so terminated. 8 (c) A license to practice shall not be denied any 9 applicant because of the applicant's race, religion, creed, 10 national origin, political beliefs or activities, age, sex, 11 sexual orientation, or physical impairment. 12 (d) (Blank). 13 (e) (Blank). 14 (f) (Blank). 15 (g) The Department shall indicate on each license the 16 academic degree of the licensee. 17 (h) Notwithstanding any other provision of law, the 18 following requirements for restoration of an inactive or 19 expired license of 5 years or less as set forth in subsections 20 (b) and (b-5) are suspended for any licensed clinical social 21 worker who has had no disciplinary action taken against the 22 licensed clinical social worker's license in this State or in 23 any other jurisdiction during the entire period of licensure: 24 proof of fitness, certification of active practice in another 25 jurisdiction, and the payment of a fee or renewal fee. An 26 individual may not restore the individual's license in HB3157 - 7 - LRB104 10710 BDA 20789 b HB3157- 8 -LRB104 10710 BDA 20789 b HB3157 - 8 - LRB104 10710 BDA 20789 b HB3157 - 8 - LRB104 10710 BDA 20789 b 1 accordance with this subsection more than once. 2 (Source: P.A. 102-326, eff. 1-1-22; 102-1053, eff. 6-10-22; 3 103-1048, eff. 1-1-25.) 4 (225 ILCS 20/12.1 new) 5 Sec. 12.1. Firearm Owners Identification Card Act; 6 certification. 7 (a) A clinical social worker who performs mental health 8 evaluations under subsection (u) of Section 8 of the Firearm 9 Owners Identification Card Act must obtain a certification 10 from the Department, to be renewed per license year, that the 11 clinical social worker has completed all trainings as provided 12 by this Section. 13 (b) The Department shall promulgate rules of continuing 14 education for clinical social workers who perform mental 15 health evaluations under subsection (u) of Section 8 of the 16 Firearm Owners Identification Card Act to require 6 hours of 17 continuing education per license year, in addition to any 18 other continuing education requirements as required by law. In 19 establishing these rules, the Department shall consider and 20 incorporate guidance from the Illinois State Police and 21 Illinois Department of Public Health. The rules shall be 22 consistent with best practices relating to firearm safety and 23 shall include, but are not limited to, education of the 24 Firearm Owners Identification Card Act, safe storage of 25 firearms, risks of firearms to individuals who are a clear and HB3157 - 8 - LRB104 10710 BDA 20789 b HB3157- 9 -LRB104 10710 BDA 20789 b HB3157 - 9 - LRB104 10710 BDA 20789 b HB3157 - 9 - LRB104 10710 BDA 20789 b 1 present risk to themselves or others, and actions that can be 2 taken to alert law enforcement of individuals who own firearms 3 and pose a clear and present risk to themselves or others. The 4 Department shall periodically update the curriculum of 5 continuing education as it sees fit, but, at a minimum, shall 6 update the curriculum every 4 years. 7 (c) The Department shall develop and disseminate 8 educational materials relating to this continuing education, 9 and shall provide this continuing education as an additional 10 option whenever the continuing education under Section 11 of 11 this Act is provided. 12 (d) The Department shall certify each clinical social 13 worker who has completed this continuing education for the 14 license year as qualified to conduct mental health evaluations 15 under subsection (u) of Section 8 of the Firearm Owners 16 Identification Card Act. A clinical social worker who is not 17 certified by the Department shall not conduct such mental 18 health evaluations. The Department shall maintain records of 19 certification and shall provide unrestricted access to such 20 records with the Firearms Record Challenge Unit of the 21 Illinois State Police. 22 (e) The cost of enrolling in this continuing education 23 shall be set by the Department, by rule, and the Department of 24 Human Services shall reimburse the Department, the Illinois 25 State Police, and the Department of Public Health for the 26 development, administration, and maintenance of such HB3157 - 9 - LRB104 10710 BDA 20789 b HB3157- 10 -LRB104 10710 BDA 20789 b HB3157 - 10 - LRB104 10710 BDA 20789 b HB3157 - 10 - LRB104 10710 BDA 20789 b 1 continuing education and any continuing education materials. 2 Section 15. The Marriage and Family Therapy Licensing Act 3 is amended by adding Section 50.1 as follows: 4 (225 ILCS 55/50.1 new) 5 Sec. 50.1. Firearm Owners Identification Card Act; 6 certification. 7 (a) Any marriage or family therapist who performs mental 8 health evaluations under subsection (u) of Section 8 of the 9 Firearm Owners Identification Card Act must obtain a 10 certification from the Department, to be renewed per 2-year 11 license year, that the marriage or family therapist has 12 completed all trainings as provided by this Section. 13 (b) The Department shall promulgate rules of continuing 14 education for marriage or family therapists who perform mental 15 health evaluations under subsection (u) of Section 8 of the 16 Firearm Owners Identification Card Act to require 6 hours of 17 continuing education per license year, in addition to any 18 other continuing education requirements as required by law. In 19 establishing these rules, the Department shall consider and 20 incorporate guidance from the Illinois State Police and 21 Illinois Department of Public Health. The rules shall be 22 consistent with best practices relating to firearm safety and 23 shall include, but are not limited to, education of the 24 Firearm Owners Identification Card Act, safe storage of HB3157 - 10 - LRB104 10710 BDA 20789 b HB3157- 11 -LRB104 10710 BDA 20789 b HB3157 - 11 - LRB104 10710 BDA 20789 b HB3157 - 11 - LRB104 10710 BDA 20789 b 1 firearms, risks of firearms to individuals who are a clear and 2 present risk to themselves or others, and actions that can be 3 taken to alert law enforcement of individuals who own firearms 4 and pose a clear and present risk to themselves or others. The 5 Department shall periodically update the curriculum of 6 continuing education as it sees fit, but, at a minimum, shall 7 update the curriculum every 4 years. 8 (c) The Department shall develop and disseminate 9 educational materials relating to this continuing education, 10 and shall provide this continuing education as an additional 11 option whenever the continuing education under Section 45 of 12 this Act is provided. 13 (d) The Department shall certify each marriage or family 14 therapist who has completed this continuing education for the 15 license year as qualified to conduct mental health evaluations 16 under subsection (u) of Section 8 of the Firearm Owners 17 Identification Card Act. A marriage or family therapist who is 18 not certified by the Department shall not conduct such mental 19 health evaluations. The Department shall maintain records of 20 certification and shall provide unrestricted access to such 21 records with the Firearms Record Challenge Unit of the 22 Illinois State Police. 23 (e) The cost of enrolling in this continuing education 24 shall be set by the Department, by rule, and the Department of 25 Human Services shall reimburse the Department, the Illinois 26 State Police, and the Department of Public Health for the HB3157 - 11 - LRB104 10710 BDA 20789 b HB3157- 12 -LRB104 10710 BDA 20789 b HB3157 - 12 - LRB104 10710 BDA 20789 b HB3157 - 12 - LRB104 10710 BDA 20789 b 1 development, administration, and maintenance of such 2 continuing education and any continuing education materials. 3 Section 20. The Medical Practice Act of 1987 is amended by 4 changing 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; 7 certification. 8 (a) A physician who performs mental health evaluations 9 under subsection (u) of Section 8 of the Firearm Owners 10 Identification Card Act must obtain a certification from the 11 Department, to be renewed per license year, that the physician 12 has completed all trainings as provided by this Section. 13 (b) The Department shall promulgate rules of continuing 14 education for physicians who perform mental health evaluations 15 under subsection (u) of Section 8 of the Firearm Owners 16 Identification Card Act that require 6 hours of continuing 17 education per license year. In establishing these rules, the 18 Department shall consider and incorporate guidance from the 19 Illinois State Police and Illinois Department of Public 20 Health. The rules shall be consistent with best practices 21 relating to firearm safety and shall include, but are not 22 limited to, education of the Firearm Owners Identification 23 Card Act, safe storage of firearms, risks of firearms to 24 individuals who are a clear and present risk to themselves or HB3157 - 12 - LRB104 10710 BDA 20789 b HB3157- 13 -LRB104 10710 BDA 20789 b HB3157 - 13 - LRB104 10710 BDA 20789 b HB3157 - 13 - LRB104 10710 BDA 20789 b 1 others, and actions that can be taken to alert law enforcement 2 of individuals who own firearms and pose a clear and present 3 risk to themselves or others. The Department shall 4 periodically update the curriculum of continuing education as 5 it sees fit, but, at a minimum, shall update the curriculum 6 every 4 years. 7 (c) The Department shall develop and disseminate 8 educational materials relating to this continuing education, 9 and shall provide this continuing education as an additional 10 option whenever the continuing education under Section 20 of 11 this Act is provided. 12 (d) The Department shall certify each physician who has 13 completed this continuing education for the license year as 14 qualified to conduct mental health evaluations under 15 subsection (u) of Section 8 of the Firearm Owners 16 Identification Card Act. A physician who is not certified by 17 the Department shall not conduct such mental health 18 evaluations. The Department shall maintain records of 19 certification and shall provide unrestricted access to such 20 records with the Firearms Record Challenge Unit of the 21 Illinois State Police. 22 (e) The cost of enrolling in this continuing education 23 shall be set by the Department, by rule, and the Department of 24 Human Services shall reimburse the Department, the Illinois 25 State Police, and the Department of Public Health for the 26 development, administration, and maintenance of such HB3157 - 13 - LRB104 10710 BDA 20789 b HB3157- 14 -LRB104 10710 BDA 20789 b HB3157 - 14 - LRB104 10710 BDA 20789 b HB3157 - 14 - LRB104 10710 BDA 20789 b 1 continuing 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 6 education for persons licensed under this Act that require an 7 average of 50 hours of continuing education per license year. 8 These rules shall be consistent with requirements of relevant 9 professional associations, specialty societies, or boards. The 10 rules shall also address variances in part or in whole for good 11 cause, including, but not limited to, temporary illness or 12 hardship. In establishing these rules, the Department shall 13 consider educational requirements for medical staffs, 14 requirements for specialty society board certification or for 15 continuing education requirements as a condition of membership 16 in societies representing the 2 categories of licensee under 17 this Act. These rules shall assure that licensees are given 18 the opportunity to participate in those programs sponsored by 19 or through their professional associations or hospitals which 20 are relevant to their practice. Each licensee is responsible 21 for maintaining records of completion of continuing education 22 and shall be prepared to produce the records when requested by 23 the Department. 24 (b) The continuing education under Section 11.2 shall be 25 an additional requirement, in addition to the continuing HB3157 - 14 - LRB104 10710 BDA 20789 b HB3157- 15 -LRB104 10710 BDA 20789 b HB3157 - 15 - LRB104 10710 BDA 20789 b HB3157 - 15 - LRB104 10710 BDA 20789 b 1 education under subsection (a) of this Section, offered only 2 to physicians who conduct mental health evaluations under 3 subsection (u) of Section 8 of the Firearm Owners 4 Identification Card Act. 5 (Source: P.A. 97-622, eff. 11-23-11.) 6 Section 25. The Nurse Practice Act is amended by changing 7 Section 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 11 Department may adopt rules of continuing education for 12 registered professional nurses licensed under this Act that 13 require 20 hours of continuing education per 2-year license 14 renewal cycle. The rules shall address variances in part or in 15 whole for good cause, including without limitation illness or 16 hardship. The continuing education rules must ensure that 17 licensees are given the opportunity to participate in programs 18 sponsored by or through their State or national professional 19 associations, hospitals, or other providers of continuing 20 education. The continuing education rules must allow for a 21 licensee to complete all required hours of continuing 22 education in an online format. Each licensee is responsible 23 for maintaining records of completion of continuing education 24 and shall be prepared to produce the records when requested by HB3157 - 15 - LRB104 10710 BDA 20789 b HB3157- 16 -LRB104 10710 BDA 20789 b HB3157 - 16 - LRB104 10710 BDA 20789 b HB3157 - 16 - LRB104 10710 BDA 20789 b 1 the Department. The Department shall provide the additional 2 continuing education as provided in Section 60-45 in a similar 3 manner to the education provided by this Section, except that 4 the continuing education as provided in Section 60-45 must 5 include all educational materials developed by the Department, 6 the Illinois State Police, and the Illinois Department of 7 Public 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; 11 certification. 12 (a) A registered nurse who performs mental health 13 evaluations under subsection (u) of Section 8 of the Firearm 14 Owners Identification Card Act must obtain a certification 15 from the Department, to be renewed per 2-year license year, 16 that the registered nurse has completed all trainings as 17 provided by this Section. 18 (b) The Department shall adopt rules of continuing 19 education for registered nurses who perform mental health 20 evaluations under subsection (u) of Section 8 of the Firearm 21 Owners Identification Card Act to require 6 hours of 22 continuing education per license year, in addition to any 23 other continuing education requirements as required by law. In 24 establishing these rules, the Department shall consider and 25 incorporate guidance from the Illinois State Police and HB3157 - 16 - LRB104 10710 BDA 20789 b HB3157- 17 -LRB104 10710 BDA 20789 b HB3157 - 17 - LRB104 10710 BDA 20789 b HB3157 - 17 - LRB104 10710 BDA 20789 b 1 Illinois Department of Public Health. The rules shall be 2 consistent with best practices relating to firearm safety and 3 shall include, but are not limited to, education of the 4 Firearm Owners Identification Card Act, safe storage of 5 firearms, risks of firearms to individuals who are a clear and 6 present risk to themselves or others, and actions that can be 7 taken to alert law enforcement of individuals who own firearms 8 and pose a clear and present risk to themselves or others. The 9 Department shall periodically update the curriculum of 10 continuing education as it sees fit, but, at a minimum, shall 11 update the curriculum every 4 years. 12 (c) The Department shall develop and disseminate 13 educational materials relating to this continuing education, 14 and shall provide this continuing education as an additional 15 option whenever the continuing education under Section 60-40 16 of this Act is provided. 17 (d) The Department shall certify each registered nurse who 18 has completed this continuing education for the license year 19 as qualified to conduct mental health evaluations under 20 subsection (u) of Section 8 of the Firearm Owners 21 Identification Card Act. A registered nurse who is not 22 certified by the Department shall not conduct such mental 23 health evaluations. The Department shall maintain records of 24 certification and shall provide unrestricted access to such 25 records with the Firearms Record Challenge Unit of the 26 Illinois State Police. HB3157 - 17 - LRB104 10710 BDA 20789 b HB3157- 18 -LRB104 10710 BDA 20789 b HB3157 - 18 - LRB104 10710 BDA 20789 b HB3157 - 18 - LRB104 10710 BDA 20789 b 1 (e) The cost of enrolling in this continuing education 2 shall be set by the Department, by rule, and the Department of 3 Human Services shall reimburse the Department, the Illinois 4 State Police, and the Department of Public Health for the 5 development, administration, and maintenance of such 6 continuing education and any continuing education materials. 7 Section 30. The Professional Counselor and Clinical 8 Professional Counselor Licensing and Practice Act is amended 9 by adding Section 55.1 as follows: 10 (225 ILCS 107/55.1 new) 11 Sec. 55.1. Firearm Owners Identification Card Act; 12 certification 13 (a) A clinical professional counselor who performs mental 14 health evaluations under subsection (u) of Section 8 of the 15 Firearm Owners Identification Card Act must obtain a 16 certification from the Department, to be renewed per 2-year 17 license year, that the clinical professional counselor has 18 completed all trainings as provided by this Section. 19 (b) The Department shall promulgate rules of continuing 20 education for clinical professional counselors who perform 21 mental health evaluations under subsection (u) of Section 8 of 22 the Firearm Owners Identification Card Act to require 6 hours 23 of continuing education per license year, in addition to any 24 other continuing education requirements as required by law. In HB3157 - 18 - LRB104 10710 BDA 20789 b HB3157- 19 -LRB104 10710 BDA 20789 b HB3157 - 19 - LRB104 10710 BDA 20789 b HB3157 - 19 - LRB104 10710 BDA 20789 b 1 establishing these rules, the Department shall consider and 2 incorporate guidance from the Illinois State Police and 3 Illinois Department of Public Health. The rules shall be 4 consistent with best practices relating to firearm safety and 5 shall include, but are not limited to, education of the 6 Firearm Owners Identification Card Act, safe storage of 7 firearms, risks of firearms to individuals who are a clear and 8 present risk to themselves or others, and actions that can be 9 taken to alert law enforcement of individuals who own firearms 10 and pose a clear and present risk to themselves or others. The 11 Department shall periodically update the curriculum of 12 continuing education as it sees fit, but, at a minimum, shall 13 update the curriculum every 4 years. 14 (c) The Department shall develop and disseminate 15 educational materials relating to this continuing education, 16 and shall provide this continuing education as an additional 17 option whenever the continuing education under Section 50 of 18 this Act is provided. 19 (d) The Department shall certify each clinical 20 professional counselor who has completed this continuing 21 education for the license year as qualified to conduct mental 22 health evaluations under subsection (u) of Section 8 of the 23 Firearm Owners Identification Card Act. A clinical 24 professional counselor who is not certified by the Department 25 shall not conduct such mental health evaluations. The 26 Department shall maintain records of certification and shall HB3157 - 19 - LRB104 10710 BDA 20789 b HB3157- 20 -LRB104 10710 BDA 20789 b HB3157 - 20 - LRB104 10710 BDA 20789 b HB3157 - 20 - LRB104 10710 BDA 20789 b 1 provide unrestricted access to such records with the Firearms 2 Record Challenge Unit of the Illinois State Police. 3 (e) The cost of enrolling in this continuing education 4 shall be set by the Department, by rule, and the Department of 5 Human Services shall reimburse the Department of Public Health 6 for the development, administration, and maintenance of such 7 continuing education and any continuing education materials. 8 Section 35. The Firearm Owners Identification Card Act is 9 amended 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 20 of a prescribed controlled substance under the direction and 21 authority of a physician or other person authorized to 22 prescribe the controlled substance when the controlled 23 substance is used in the prescribed manner. 24 "Adjudicated as a person with a mental disability" means HB3157 - 20 - LRB104 10710 BDA 20789 b HB3157- 21 -LRB104 10710 BDA 20789 b HB3157 - 21 - LRB104 10710 BDA 20789 b HB3157 - 21 - LRB104 10710 BDA 20789 b 1 the person is the subject of a determination by a court, board, 2 commission or other lawful authority that the person, as a 3 result of marked subnormal intelligence, or mental illness, 4 mental 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; HB3157 - 21 - LRB104 10710 BDA 20789 b HB3157- 22 -LRB104 10710 BDA 20789 b HB3157 - 22 - LRB104 10710 BDA 20789 b HB3157 - 22 - LRB104 10710 BDA 20789 b 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 24 Section 1-103 of the Mental Health and Developmental 25 Disabilities Code, except that any clinical psychologist who 26 conducts mental health evaluations under subsection (u) of HB3157 - 22 - LRB104 10710 BDA 20789 b HB3157- 23 -LRB104 10710 BDA 20789 b HB3157 - 23 - LRB104 10710 BDA 20789 b HB3157 - 23 - LRB104 10710 BDA 20789 b 1 Section 8 of this Act shall be up to date on the clinical 2 psychologist's continuing education and must possess a valid 3 certification, as provided by Section 12.1 of the Clinical 4 Psychologist Licensing Act, from the Illinois Department of 5 Financial and Professional Regulation.. 6 "Controlled substance" means a controlled substance or 7 controlled substance analog as defined in the Illinois 8 Controlled Substances Act. 9 "Counterfeit" means to copy or imitate, without legal 10 authority, with intent to deceive. 11 "Developmental disability" means a severe, chronic 12 disability 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 HB3157 - 23 - LRB104 10710 BDA 20789 b HB3157- 24 -LRB104 10710 BDA 20789 b HB3157 - 24 - LRB104 10710 BDA 20789 b HB3157 - 24 - LRB104 10710 BDA 20789 b 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 7 licensed as a federal firearms dealer under Section 923 of the 8 federal Gun Control Act of 1968 (18 U.S.C. 923). 9 "Firearm" means any device, by whatever name known, which 10 is designed to expel a projectile or projectiles by the action 11 of an explosion, expansion of gas or escape of gas; excluding, 12 however: 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) HB3157 - 24 - LRB104 10710 BDA 20789 b HB3157- 25 -LRB104 10710 BDA 20789 b HB3157 - 25 - LRB104 10710 BDA 20789 b HB3157 - 25 - LRB104 10710 BDA 20789 b 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 6 shotgun shell, by whatever name known, which is designed to be 7 used 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 24 event or function, including parking areas for the event or 25 function, that is sponsored to facilitate the purchase, sale, 26 transfer, or exchange of firearms as described in this HB3157 - 25 - LRB104 10710 BDA 20789 b HB3157- 26 -LRB104 10710 BDA 20789 b HB3157 - 26 - LRB104 10710 BDA 20789 b HB3157 - 26 - LRB104 10710 BDA 20789 b 1 Section. Nothing in this definition shall be construed to 2 exclude a gun show held in conjunction with competitive 3 shooting events at the World Shooting Complex sanctioned by a 4 national governing body in which the sale or transfer of 5 firearms is authorized under subparagraph (5) of paragraph (g) 6 of subsection (A) of Section 24-3 of the Criminal Code of 2012. 7 Unless otherwise expressly stated, "gun show" does not 8 include training or safety classes, competitive shooting 9 events, such as rifle, shotgun, or handgun matches, trap, 10 skeet, or sporting clays shoots, dinners, banquets, raffles, 11 or any other event where the sale or transfer of firearms is 12 not the primary course of business. 13 "Gun show promoter" means a person who organizes or 14 operates a gun show. 15 "Gun show vendor" means a person who exhibits, sells, 16 offers for sale, transfers, or exchanges any firearms at a gun 17 show, regardless of whether the person arranges with a gun 18 show promoter for a fixed location from which to exhibit, 19 sell, offer for sale, transfer, or exchange any firearm. 20 "Intellectual disability" means significantly subaverage 21 general intellectual functioning, existing concurrently with 22 deficits in adaptive behavior and manifested during the 23 developmental period, which is defined as before the age of 24 22, that adversely affects a child's educational performance. 25 "Involuntarily admitted" has the meaning as prescribed in 26 Sections 1-119 and 1-119.1 of the Mental Health and HB3157 - 26 - LRB104 10710 BDA 20789 b HB3157- 27 -LRB104 10710 BDA 20789 b HB3157 - 27 - LRB104 10710 BDA 20789 b HB3157 - 27 - LRB104 10710 BDA 20789 b 1 Developmental Disabilities Code. 2 "Mental health facility" means any licensed private 3 hospital or hospital affiliate, institution, or facility, or 4 part thereof, and any facility, or part thereof, operated by 5 the State or a political subdivision thereof which provides 6 treatment of persons with mental illness and includes all 7 hospitals, institutions, clinics, evaluation facilities, 8 mental health centers, colleges, universities, long-term care 9 facilities, and nursing homes, or parts thereof, which provide 10 treatment of persons with mental illness whether or not the 11 primary purpose is to provide treatment of persons with mental 12 illness. 13 "National governing body" means a group of persons who 14 adopt rules and formulate policy on behalf of a national 15 firearm sporting organization. 16 "Noncitizen" means a person who is not a citizen of the 17 United States, but is a person who is a foreign-born person who 18 lives in the United States, has not been naturalized, and is 19 still 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 HB3157 - 27 - LRB104 10710 BDA 20789 b HB3157- 28 -LRB104 10710 BDA 20789 b HB3157 - 28 - LRB104 10710 BDA 20789 b HB3157 - 28 - LRB104 10710 BDA 20789 b 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 8 the Mental Health and Developmental Disabilities Code, except 9 that any physician who conducts mental health evaluations 10 under subsection (u) of Section 8 of this Act shall be up to 11 date on the physician's continuing education and must possess 12 a valid certification, as provided by Section 11.2 of the 13 Medical Practices Act of 1987, from the Illinois Department of 14 Financial and Professional Regulation. 15 "Protective order" means any orders of protection issued 16 under the Illinois Domestic Violence Act of 1986, stalking no 17 contact orders issued under the Stalking No Contact Order Act, 18 civil no contact orders issued under the Civil No Contact 19 Order Act, and firearms restraining orders issued under the 20 Firearms Restraining Order Act or a substantially similar 21 order issued by the court of another state, tribe, or United 22 States territory or military judge. 23 "Qualified examiner" has the meaning provided in Section 24 1-122 of the Mental Health and Developmental Disabilities 25 Code, except that any qualified examiner who conducts mental 26 health evaluations under subsection (u) of Section 8 of this HB3157 - 28 - LRB104 10710 BDA 20789 b HB3157- 29 -LRB104 10710 BDA 20789 b HB3157 - 29 - LRB104 10710 BDA 20789 b HB3157 - 29 - LRB104 10710 BDA 20789 b 1 Act shall be up to date on the qualified examiner's continuing 2 education and must possess a valid certification, as provided 3 by the qualified examiner's relevant licensing Act, from the 4 Illinois Department of Financial and Professional Regulation. 5 "Sanctioned competitive shooting event" means a shooting 6 contest officially recognized by a national or state shooting 7 sport association, and includes any sight-in or practice 8 conducted in conjunction with the event. 9 "School administrator" means the person required to report 10 under the School Administrator Reporting of Mental Health 11 Clear and Present Danger Determinations Law. 12 "Stun gun or taser" has the meaning ascribed to it in 13 Section 24-1 of the Criminal Code of 2012. 14 (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; 15 102-813, eff. 5-13-22; 102-890, eff. 5-19-22; 102-972, eff. 16 1-1-23; 102-1030, eff. 5-27-22; 103-154, eff. 6-30-23; 17 103-407, 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 20 State Police has authority to deny an application for or to 21 revoke and seize a Firearm Owner's Identification Card 22 previously issued under this Act only if the Illinois State 23 Police finds that the applicant or the person to whom such card 24 was issued is or was at the time of issuance: 25 (a) A person under 21 years of age who has been HB3157 - 29 - LRB104 10710 BDA 20789 b HB3157- 30 -LRB104 10710 BDA 20789 b HB3157 - 30 - LRB104 10710 BDA 20789 b HB3157 - 30 - LRB104 10710 BDA 20789 b 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 HB3157 - 30 - LRB104 10710 BDA 20789 b HB3157- 31 -LRB104 10710 BDA 20789 b HB3157 - 31 - LRB104 10710 BDA 20789 b HB3157 - 31 - LRB104 10710 BDA 20789 b 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 HB3157 - 31 - LRB104 10710 BDA 20789 b HB3157- 32 -LRB104 10710 BDA 20789 b HB3157 - 32 - LRB104 10710 BDA 20789 b HB3157 - 32 - LRB104 10710 BDA 20789 b 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 HB3157 - 32 - LRB104 10710 BDA 20789 b HB3157- 33 -LRB104 10710 BDA 20789 b HB3157 - 33 - LRB104 10710 BDA 20789 b HB3157 - 33 - LRB104 10710 BDA 20789 b 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 HB3157 - 33 - LRB104 10710 BDA 20789 b HB3157- 34 -LRB104 10710 BDA 20789 b HB3157 - 34 - LRB104 10710 BDA 20789 b HB3157 - 34 - LRB104 10710 BDA 20789 b 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 HB3157 - 34 - LRB104 10710 BDA 20789 b HB3157- 35 -LRB104 10710 BDA 20789 b HB3157 - 35 - LRB104 10710 BDA 20789 b HB3157 - 35 - LRB104 10710 BDA 20789 b 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 18 Identification Card, the Illinois State Police shall provide 19 notice to the person and the person shall comply with Section 20 9.5 of this Act. 21 (Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21; 22 102-645, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff. 23 5-27-22; 102-1116, eff. 1-10-23.) 24 Section 40. The Mental Health and Developmental 25 Disabilities Confidentiality Act is amended by adding Section HB3157 - 35 - LRB104 10710 BDA 20789 b HB3157- 36 -LRB104 10710 BDA 20789 b HB3157 - 36 - LRB104 10710 BDA 20789 b HB3157 - 36 - LRB104 10710 BDA 20789 b 1 8.2 as follows: 2 (740 ILCS 110/8.2 new) 3 Sec. 8.2. Investigators and attorneys employed by the 4 Department of Financial and Professional Regulation; 5 inspection and copying of recipient records. An investigator 6 or attorney employed by the Department of Financial and 7 Professional Regulation investigating any provider of mental 8 health or developmental disabilities services who is a 9 licensee of the Department shall be entitled to inspect and 10 copy a recipient record or any part thereof upon the 11 presentation of a Department subpoena. A subpoena for records 12 issued to a federally assisted substance use disorder program 13 as defined in 42 CFR 2.12(b) must be accompanied by a court 14 order if required by 42 CFR 2.66. The Department shall notify 15 recipients upon receiving records obtained via subpoena. 16 Nothing in this Act prohibits the use of a recipients records 17 in an administrative proceeding conducted by the Department. HB3157- 37 -LRB104 10710 BDA 20789 b 1 INDEX 2 Statutes amended in order of appearance HB3157- 37 -LRB104 10710 BDA 20789 b HB3157 - 37 - LRB104 10710 BDA 20789 b 1 INDEX 2 Statutes amended in order of appearance HB3157- 37 -LRB104 10710 BDA 20789 b HB3157 - 37 - LRB104 10710 BDA 20789 b HB3157 - 37 - LRB104 10710 BDA 20789 b 1 INDEX 2 Statutes amended in order of appearance HB3157 - 36 - LRB104 10710 BDA 20789 b HB3157- 37 -LRB104 10710 BDA 20789 b HB3157 - 37 - LRB104 10710 BDA 20789 b HB3157 - 37 - LRB104 10710 BDA 20789 b 1 INDEX 2 Statutes amended in order of appearance HB3157 - 37 - LRB104 10710 BDA 20789 b