Volume VII, Issue IX - March 2014

From: Theodora Binion, Director
Division of Alcoholism and Substance Abuse


On July 9, 2013, Illinois passed House Bill 183 (Public Act 098-0063), also known as the Firearm Concealed Carry Act. The Firearm Concealed Carry Act expands the FOID reporting requirements for healthcare facilities and clinicians to include any person that is adjudicated mentally disabled person; voluntarily admitted to a psychiatric unit; determined to be a "clear and present danger"; and/or determined to be "developmentally disabled/intellectually disabled". If you are a healthcare facility or individual clinician in Illinois, you may have responsibilities for reporting mental health information to the Department of Human Services (DHS).

DHS/DASA Licensed Organizations

DHS/DASA licensed organizations/facilities are not subject to the expanded FOID reporting system requirements outlined in Public Act 098-0063. However, specified individuals providing DHS/DASA licensed services are required to notify DHS within 24 hours when a person is determined to be a "Clear and Present Danger" to themselves or others.

An individual, who is required to report Clear and Present Danger per this Act, is one or more of the following:

  • Physician - licensed under the Medical Practice Act of 1987;
  • Clinical Psychologist - licensed under the Clinical Psychologist Licensing Act; and
  • Qualified Examiner - as defined in the Mental Health and Developmental Disabilities Code (as defined in 405 ILCS 5/1-122).

A person is considered a "Clear and Present Danger" when he or she:

  1. 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 as determined by a physician, clinical psychologist, or qualified examiner; or
  2. Demonstrates threatening physical or verbal behavior, such as violent, suicidal, or assaultive threats, actions, or other behavior, as determined by a physician, clinical psychologist, qualified examiner, school administrator, or law enforcement official. (FOID Act, Sec. 1.1)

If you have any questions, concerns or would like to report a person, please follow this link to the DHS reporting website https://foid.dhs.illinois.gov/foidpublic/foid/. Direct questions may be forwarded to DHS.FOID@Illinois.gov.

FOID Frequently Asked Questions (FAQs)

The following are frequently asked questions regarding DHS FOID and substance abuse related reporting requirements:

Q: My facility is not a mental health facility. Do I have to report?

A: If you are one of the required individuals above who are required to report per the Act, you will need to report as required. Please go to our website to see the reporting requirements: https://foid.dhs.illinois.gov/foidpublic/foid/. There are links explaining who is to report and what is to be reported.

Q: If a patient is admitted one day, then determined to be Clear and Present Danger later, when should I report the Clear and Present Danger?

A: After the admission has been reported. Such a report should be made within 24 hours. This must be reported using the website.

Q: An intoxicated patient is reported as being a Clear and Present Danger. Once sober, the patient's behavior stabilizes and poses no current threat to themselves or others. Should the submitted record be deleted?

A: No. Meeting the criteria for Clear and Present Danger while under the influence of alcohol or drugs is a serious matter and may reflect dangerous underlying problems. If the individual wishes to remove/appeal this record, they must contact the Illinois State Police at 217.782.7980.

Q: A patient is initially reported as being a Clear and Present Danger. Later, it is discovered the report was incorrect. Can the record be deleted?

A: If the determination of Clear and Present Danger was in error, you may go to the online reporting system and delete the specific record.

Q: Should a Clear and Present Danger be reported if the patient admits him or herself?

A: Yes. A Clear and Present Danger should be reported within 24 hours whenever that determination is made.

Q: For a patient that has been reported, how long of a period will they lose their FOID card privileges?

A: This would be determined by the Illinois State Police. Please refer to the Illinois State Police website at http://www.isp.state.il.us/foid/foidinfo.cfm.

Q: If my substance abuse treatment facility treats persons with alcohol or substance abuse, should they be reported?

A: If the person is being treated solely for alcohol and substance abuse, the person should not be reported unless they are determined Clear and Present Danger.

Q: Am I allowed to release the information on the individual and comply with 42 CFR requirements?

A: Yes. The requirement is to report the information on the person determined to be a "Clear and Present Danger", not that they are in/receiving addiction treatment services. (See 42 CFR for the limits of what can be reported.)

For Additional Information

For added information on clinical staff definitions, to whom, and what requirements apply for your clinical staff as well as added information pertaining to Public Act 098-0063, please visit the following URL for a detailed description of what you are required to legally report. https://www.dhs.state.il.us/OneNetLibrary/27897/documents/FOID%20Documents/whattoreport.pdf

If you have any questions or concerns, you may contact DHS at DHS.FOID@illinois.gov or go to the following web address for added FOID related links and information: https://www.dhs.state.il.us/page.aspx?item=37393.

To register or report a patient, please follow the link: https://foid.dhs.illinois.gov/foidpublic/foid/.