The Mental Health and Developmental Disabilities Code identifies those who are required to report as physicians, clinical psychologists, advanced practice psychiatric nurses, and qualified examiners.
Not all social workers, registered nurses, counselors, or marriage and family therapists are qualified examiners. To understand whether you meet the criteria of a qualified examiner, you must closely read the definitions below as defined in the Mental Health and Developmental Disabilities Code (405 ILCS 5).
Physicians, Clinical Psychologists, Advanced Practice Psychiatric Nurses, and Qualified Examiners are required to report the following:
- Persons that are determined to be a "Clear and Present Danger."
- Persons that are determined to have a "Developmental Disability."
- Persons that are determined to have an "Intellectual Disability."
The Mental Health and Developmental Disabilities Code requires physicians, clinical psychologists, advanced practice psychiatric nurses, and qualified examiners to report clear and present danger events to the FOID Mental Health Reporting website within 24 hours of making the determination, and within 7 days of determining a person has a "Developmentally Disability" as defined in the Firearm Owner's Identification Card Act (430 ILCS 65/1.1).
Physicians, clinical psychologists, advanced practice psychiatric nurses, and qualified examiners shall not be held liable for making or not making the report except in cases of willful and wanton misconduct. (Firearm Owners Identification Card Act (430 ILCS 65/8.1(d))
If you have any questions, concerns or would like to report a person, please follow this link to the IDHS FOID Mental Health Reporting System website https://foid2.dhs.illinois.gov/foidpublic/foid/
Direct questions may be forwarded to DHS.FOID@Illinois.gov
Advanced Practice Psychiatric Nurse
"Advanced practice psychiatric nurse" means a nurse who is licensed to practice as an advanced practice registered nurse under Section 65-5 of the Nurse Practice Act and has been certified by the American Nurses Credentialing Center as a psychiatric mental health clinical nurse specialist or a psychiatric mental health nurse practitioner.
Clinical Psychologist
A person licensed by the Department of Financial and Professional Regulation under the Clinical Psychologist Licensing Act.
Licensed Clinical Social Worker
A person who (1) has a master's or doctoral degree in social work from an accredited graduate school of social work and (2) has at least 3 years of supervised post-master's clinical social work practice which shall include the provision of mental health services for the evaluation, treatment, and prevention of mental and emotional disorders. A social worker shall be a licensed clinical social worker under the Clinical Social Work and Social Work Practice Act. A social worker who is a qualified examiner shall be a licensed clinical social worker under the Clinical Social Work and Social Work Practice Act.
Licensed Clinical Professional Counselor
A licensed clinical professional counselor with a master's or doctoral degree in counseling or psychology or a similar master's or doctorate program from a regionally accredited institution who has at least 3 years of supervised post-master's clinical professional counseling experience that includes the provision of mental health services for the evaluation, treatment, and prevention of mental and emotional disorders.
Physician
A person licensed by the State of Illinois to practice medicine in all its branches and includes any person holding a temporary license, as provided in the Medical Practice Act of 1987. Physician includes a psychiatrist as defined below.
Physician Assistant
A person who is licensed as a physician assistant under the Physician Assistant Practice Act of 1987 and is authorized to practice under a collaborating physician, and who has 3 years of clinical training and experience in the evaluation and treatment of mental illness which has been acquired subsequent to any training and experience which constituted a part of the degree program.
Psychiatrist
A physician as defined in the first sentence of Section 1-120 who has successfully completed a residency program in psychiatry accredited by either the Accreditation Council for Graduate Medical Education or the American Osteopathic Association.
Registered Nurse
A registered nurse with a master's degree in psychiatric nursing who has 3 years of clinical training and experience in the evaluation and treatment of mental illness which has been acquired subsequent to any training and experience which constituted a part of the degree program.
Marriage and Family Therapist
A licensed marriage and family therapist with a master's or doctoral degree in marriage and family therapy from a regionally accredited educational institution or a similar master's program or from a program accredited by either the Commission on Accreditation for Marriage and Family Therapy or the Commission on Accreditation for Counseling Related Educational Programs, who has at least 3 years of supervised post-master's experience as a marriage and family therapist that includes the provision of mental health services for the evaluation, treatment, and prevention of mental and emotional disorders.
*Public Act 104-0270 expanded the definition of Qualified Examiner under the Mental Health and Developmental Disabilities Code (405 ILCS 5) to include Physician Assistants (PAs) who have three years of clinical training and experience in evaluating and treating mental illness and includes Advanced Practice Psychiatric Nurses (APPNs) on the list of those who can determine and report clear and present danger notices under the Mental Health and Developmental Disabilities Code (405 ILCS 5) and the Firearm Owners Identification Act (430 ILCS 65).
Please note: On August 15th, 2025 Illinois passed HB 3078 (Public Act 104-0270) which expanded the definition of Qualified Examiner under the Mental Health and Developmental Disabilities Code (405 ILCS 5) to include Physician Assistants (PAs) who have three years of clinical training and experience in evaluating and treating mental illness and includes Advanced Practice Psychiatric Nurses (APPNs) on the list of those making mental health determinations under the Mental Health and Developmental Disabilities Code (405 ILCS 5) and the Firearm Owners Identification Act (430 ILCS 65).
