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HB4218 FOID-PATIENT DEFINITION


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Filed 1/5/18 by Rep. Barbara Wheeler (R )

 

http://www.ilga.gov/legislation/BillStatus.asp?DocNum=4218&GAID=14&DocTypeID=HB&LegId=108609&SessionID=91&GA=100

 

Synopsis As Introduced

Amends the Firearm Owners Identification Card Act. Defines "patient" for purposes of the Act as a person who: is admitted as an in-patient or resident of a public or private mental health facility for mental health treatment under the Mental Health and Developmental Disabilities Code as an informal admission, a voluntary admission, a minor admission, an emergency admission, or an involuntary admission; or is otherwise provided mental health treatment as an in-patient or resident by a public or private mental health facility, unless the treatment was solely for an alcohol abuse disorder and no other secondary substance abuse disorder or mental illness; or a person who voluntarily or involuntarily receives mental health treatment as an out-patient or is otherwise provided services by a public or private mental health facility, and who poses a clear and present danger to himself, herself, or to others.

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Shame of laws like this, it appears to me, that the only thing they accomplish is discouraging people who need help from seeking help because they will end up having a right taken away from them.

 

If they are that concerned about the person and the danger the individual presents, shouldn't they have his/her voting right taken away also to prevent them from passing any 'crazy' laws that could endanger us?

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Shame of laws like this, it appears to me, that the only thing they accomplish is discouraging people who need help from seeking help because they will end up having a right taken away from them.

 

If they are that concerned about the person and the danger the individual presents, shouldn't they have his/her voting right taken away also to prevent them from passing any 'crazy' laws that could endanger us?

that is exactly what it sounds like to me as well.
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Those looking for the details, here are the chapter definitions. The scope and rules are buried in these articles. They do need definite reading and analysis. The biggest issue I have this bill points to another law. They can later change the mental health law and not see that gun rights are being affected.

 

(405 ILCS 5/Ch. III Art. III heading)

ARTICLE III. INFORMAL ADMISSION

 

(405 ILCS 5/3-300) (from Ch. 91 1/2, par. 3-300)

Sec. 3-300. Admission.

(a) Any person desiring admission to a mental health facility for treatment of a mental illness may be admitted upon his request without making formal application therefor if, after examination, the facility director considers that person clinically suitable for admission upon an informal basis.

( :cool: Each recipient admitted under this Section shall be informed in writing and orally at the time of admission of his right to be discharged from the facility at any time during the normal daily day-shift hours of operation, which shall include but need not be limited to 9 a.m. to 5 p.m. Such right to be discharged shall commence with the first day-shift hours of operation after his admission.

© If the facility director decides to admit a person as a voluntary recipient, he shall state in the recipient's record the reason why informal admission is not suitable.

(Source: P.A. 91-726, eff. 6-2-00.)

 

 

(405 ILCS 5/Ch. III Art. IV heading)

ARTICLE IV. VOLUNTARY ADMISSION OF ADULTS

 

(405 ILCS 5/3-400) (from Ch. 91 1/2, par. 3-400)

Sec. 3-400. Voluntary admission to mental health facility.

(a) Any person 16 or older, including a person adjudicated a person with a disability, may be admitted to a mental health facility as a voluntary recipient for treatment of a mental illness upon the filing of an application with the facility director of the facility if the facility director determines and documents in the recipient's medical record that the person (1) is clinically suitable for admission as a voluntary recipient and (2) has the capacity to consent to voluntary admission.

( :cool: For purposes of consenting to voluntary admission, a person has the capacity to consent to voluntary admission if, in the professional judgment of the facility director or his or her designee, the person is able to understand that:

(1) He or she is being admitted to a mental health

 

facility.

(2) He or she may request discharge at any time. The

 

request must be in writing, and discharge is not automatic.

(3) Within 5 business days after receipt of the

 

written request for discharge, the facility must either discharge the person or initiate commitment proceedings.

© No mental health facility shall require the completion of a petition or certificate as a condition of accepting the admission of a recipient who is being transported to that facility from any other inpatient or outpatient healthcare facility if the recipient has completed an application for voluntary admission to the receiving facility pursuant to this Section.

(Source: P.A. 99-143, eff. 7-27-15.)

 

 

405 ILCS 5/Ch. III Art. V heading)

ARTICLE V. ADMISSION OF MINORS

 

(405 ILCS 5/3-500) (from Ch. 91 1/2, par. 3-500)

Sec. 3-500. A minor may be admitted to a mental health facility for treatment of a mental illness or emotional disturbance only as provided in this Article or as provided in Sections 3-10-5 or 5-2-4 of the Unified Code of Corrections, as now or hereafter amended.

(Source: P.A. 81-1497.)

 

 

(405 ILCS 5/Ch. III Art. VI heading)

ARTICLE VI. EMERGENCY ADMISSION BY CERTIFICATION

 

(405 ILCS 5/3-600) (from Ch. 91 1/2, par. 3-600)

Sec. 3-600. A person 18 years of age or older who is subject to involuntary admission on an inpatient basis and in need of immediate hospitalization may be admitted to a mental health facility pursuant to this Article.

(Source: P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.)

 

 

 

(405 ILCS 5/Ch. III Art. VII heading)

ARTICLE VII. ADMISSION ON AN INPATIENT BASIS BY COURT ORDER

(Source: P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.)

 

(405 ILCS 5/3-700) (from Ch. 91 1/2, par. 3-700)

Sec. 3-700. A person 18 years of age or older who is subject to involuntary admission on an inpatient basis may be admitted to an inpatient mental health facility upon court order pursuant to this Article.

(Source: P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.)

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How about exempting somebody who is admitted simply for evaluation? I've heard of plenty of people whose formerly-significant other has maliciously reported him/her as having made suicide, or other threats. If this were to happen, the person shouldn't lose their rights for any period of time if found to not be any threat.

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Shame of laws like this, it appears to me, that the only thing they accomplish is discouraging people who need help from seeking help because they will end up having a right taken away from them.

 

Agreed.

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Appears to me to be a net positive for us. Granted it's 5 a.m. and before coffee, but by delineating the difference between in and outpatient and dangerous and not it appears to make room for an alcoholic or person suffering from mild depression to seek help.

Have to be very careful with this. You care correct, being a dangerous psychopath and someone wanting help with smoking or alcohol addiction are completely different things. Personally I feel these rules should not exist. If someone is a danger to people they need to be locked up in a secure facility, they'd be adjudicated.

 

The other thing is you are placing definitions to gun laws in a different section of code for mental health. That means if this passes we have to wat not only gun bills, but mental health bills as well. A rule change in mental health can cause us harm.

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