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New FOID law 2019


bjm

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It passed and is effective January 1, 2019.

 

 

House Floor Amendment No. 2

Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with changes. Defines "patient" for purposes of the Act as a person who is admitted as an inpatient 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, unless the treatment was solely for an alcohol abuse disorder; 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 (in the introduced bill, 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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I forgot the mention earlier that the bill also specifies a person's FOID card will remain active while ISP processes a renewal if it was applied for before renewal, and gives ISP 60 days for processing (unless the applicant becomes disqualified for a FOID card).

 

So what does it mean for someone who goes to seek theapy or who takes anti depressants?

Nothing, as long as you're not also a clear and present danger to yourself or others.

 


That's pretty much the intent.

The part about mental health primarily redefines "patient". Existing law reads:

"Patient" means:
a person who voluntarily receives mental health treatment as an
in-patient or resident of any 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



This will be changed to:

"Patient" means:
(1) a person who is admitted as an inpatient or
resident of a public or private mental health facility for
mental health treatment under Chapter III of the Mental
Health and Developmental Disabilities Code as an informal
admission, a voluntary admission, a minor admission, an
emergency admission, or an involuntary admission,
unless the treatment was solely for an
alcohol abuse disorder


There's also a bit of language addressing involuntary admissions as they relate to a clear and present danger.

The types of admissions referred to in the new language can be found here, beginning with Article III of Chapter III. In a sense, this does broaden the definition to a degree but that's offset by the ability to suspend, rather than revoke, a person's FOID card for a temporary disqualification.

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