101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB1145

Introduced 2/5/2019, by Sen. Julie A. Morrison

SYNOPSIS AS INTRODUCED:
20 ILCS 2305/2 from Ch. 111 1/2, par. 22
740 ILCS 110/12 from Ch. 91 1/2, par. 812

Amends the Department of Public Health Act and the Mental Health and Developmental Disabilities Confidentiality Act. Provides that the Department of Public Health may impose fines or sanctions upon a facility that fails to comply with reporting requirements related to determining whether a person is disqualified from gun ownership under specified statutes. Provides that the Department shall adopt rules to implement the provisions.
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A BILL FOR

SB1145LRB101 06863 LNS 51894 b
1 AN ACT concerning civil law.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Department of Public Health Act is amended
5by changing Section 2 as follows:
6 (20 ILCS 2305/2) (from Ch. 111 1/2, par. 22)
7 Sec. 2. Powers.
8 (a) The State Department of Public Health has general
9supervision of the interests of the health and lives of the
10people of the State. It has supreme authority in matters of
11quarantine and isolation, and may declare and enforce
12quarantine and isolation when none exists, and may modify or
13relax quarantine and isolation when it has been established.
14The Department may adopt, promulgate, repeal and amend rules
15and regulations and make such sanitary investigations and
16inspections as it may from time to time deem necessary for the
17preservation and improvement of the public health, consistent
18with law regulating the following:
19 (1) Transportation of the remains of deceased persons.
20 (2) Sanitary practices relating to drinking water made
21 accessible to the public for human consumption or for
22 lavatory or culinary purposes.
23 (3) Sanitary practices relating to rest room

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1 facilities made accessible to the public or to persons
2 handling food served to the public.
3 (4) Sanitary practices relating to disposal of human
4 wastes in or from all buildings and places where people
5 live, work or assemble.
6 The provisions of the Illinois Administrative Procedure
7Act are hereby expressly adopted and shall apply to all
8administrative rules and procedures of the Department of Public
9Health under this Act, except that Section 5-35 of the Illinois
10Administrative Procedure Act relating to procedures for
11rule-making does not apply to the adoption of any rule required
12by federal law in connection with which the Department is
13precluded by law from exercising any discretion.
14 All local boards of health, health authorities and
15officers, police officers, sheriffs and all other officers and
16employees of the state or any locality shall enforce the rules
17and regulations so adopted and orders issued by the Department
18pursuant to this Section.
19 The Department of Public Health shall conduct a public
20information campaign to inform Hispanic women of the high
21incidence of breast cancer and the importance of mammograms and
22where to obtain a mammogram. This requirement may be satisfied
23by translation into Spanish and distribution of the breast
24cancer summaries required by Section 2310-345 of the Department
25of Public Health Powers and Duties Law (20 ILCS 2310/2310-345).
26The information provided by the Department of Public Health

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1shall include (i) a statement that mammography is the most
2accurate method for making an early detection of breast cancer,
3however, no diagnostic tool is 100% effective and (ii)
4instructions for performing breast self-examination and a
5statement that it is important to perform a breast
6self-examination monthly.
7 The Department of Public Health shall investigate the
8causes of dangerously contagious or infectious diseases,
9especially when existing in epidemic form, and take means to
10restrict and suppress the same, and whenever such disease
11becomes, or threatens to become epidemic, in any locality and
12the local board of health or local authorities neglect or
13refuse to enforce efficient measures for its restriction or
14suppression or to act with sufficient promptness or efficiency,
15or whenever the local board of health or local authorities
16neglect or refuse to promptly enforce efficient measures for
17the restriction or suppression of dangerously contagious or
18infectious diseases, the Department of Public Health may
19enforce such measures as it deems necessary to protect the
20public health, and all necessary expenses so incurred shall be
21paid by the locality for which services are rendered.
22 (b) Subject to the provisions of subsection (c), the
23Department may order a person or group of persons to be
24quarantined or isolated or may order a place to be closed and
25made off limits to the public to prevent the probable spread of
26a dangerously contagious or infectious disease, including

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1non-compliant tuberculosis patients, until such time as the
2condition can be corrected or the danger to the public health
3eliminated or reduced in such a manner that no substantial
4danger to the public's health any longer exists. Orders for
5isolation of a person or quarantine of a place to prevent the
6probable spread of a sexually transmissible disease shall be
7governed by the provisions of Section 7 of the Illinois
8Sexually Transmissible Disease Control Act and not this
9Section.
10 (c) Except as provided in this Section, no person or a
11group of persons may be ordered to be quarantined or isolated
12and no place may be ordered to be closed and made off limits to
13the public except with the consent of the person or owner of
14the place or upon the prior order of a court of competent
15jurisdiction. The Department may, however, order a person or a
16group of persons to be quarantined or isolated or may order a
17place to be closed and made off limits to the public on an
18immediate basis without prior consent or court order if, in the
19reasonable judgment of the Department, immediate action is
20required to protect the public from a dangerously contagious or
21infectious disease. In the event of an immediate order issued
22without prior consent or court order, the Department shall, as
23soon as practical, within 48 hours after issuing the order,
24obtain the consent of the person or owner or file a petition
25requesting a court order authorizing the isolation or
26quarantine or closure. When exigent circumstances exist that

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1cause the court system to be unavailable or that make it
2impossible to obtain consent or file a petition within 48 hours
3after issuance of an immediate order, the Department must
4obtain consent or file a petition requesting a court order as
5soon as reasonably possible. To obtain a court order, the
6Department, by clear and convincing evidence, must prove that
7the public's health and welfare are significantly endangered by
8a person or group of persons that has, that is suspected of
9having, that has been exposed to, or that is reasonably
10believed to have been exposed to a dangerously contagious or
11infectious disease including non-compliant tuberculosis
12patients or by a place where there is a significant amount of
13activity likely to spread a dangerously contagious or
14infectious disease. The Department must also prove that all
15other reasonable means of correcting the problem have been
16exhausted and no less restrictive alternative exists. For
17purposes of this subsection, in determining whether no less
18restrictive alternative exists, the court shall consider
19evidence showing that, under the circumstances presented by the
20case in which an order is sought, quarantine or isolation is
21the measure provided for in a rule of the Department or in
22guidelines issued by the Centers for Disease Control and
23Prevention or the World Health Organization. Persons who are or
24are about to be ordered to be isolated or quarantined and
25owners of places that are or are about to be closed and made
26off limits to the public shall have the right to counsel. If a

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1person or owner is indigent, the court shall appoint counsel
2for that person or owner. Persons who are ordered to be
3isolated or quarantined or who are owners of places that are
4ordered to be closed and made off limits to the public, shall
5be given a written notice of such order. The written notice
6shall additionally include the following: (1) notice of the
7right to counsel; (2) notice that if the person or owner is
8indigent, the court will appoint counsel for that person or
9owner; (3) notice of the reason for the order for isolation,
10quarantine, or closure; (4) notice of whether the order is an
11immediate order, and if so, the time frame for the Department
12to seek consent or to file a petition requesting a court order
13as set out in this subsection; and (5) notice of the
14anticipated duration of the isolation, quarantine, or closure.
15 (d) The Department may order physical examinations and
16tests and collect laboratory specimens as necessary for the
17diagnosis or treatment of individuals in order to prevent the
18probable spread of a dangerously contagious or infectious
19disease. Physical examinations, tests, or collection of
20laboratory specimens must not be such as are reasonably likely
21to lead to serious harm to the affected individual. To prevent
22the spread of a dangerously contagious or infectious disease,
23the Department may, pursuant to the provisions of subsection
24(c) of this Section, isolate or quarantine any person whose
25refusal of physical examination or testing or collection of
26laboratory specimens results in uncertainty regarding whether

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1he or she has been exposed to or is infected with a dangerously
2contagious or infectious disease or otherwise poses a danger to
3the public's health. An individual may refuse to consent to a
4physical examination, test, or collection of laboratory
5specimens. An individual shall be given a written notice that
6shall include notice of the following: (i) that the individual
7may refuse to consent to physical examination, test, or
8collection of laboratory specimens; (ii) that if the individual
9consents to physical examination, tests, or collection of
10laboratory specimens, the results of that examination, test, or
11collection of laboratory specimens may subject the individual
12to isolation or quarantine pursuant to the provisions of
13subsection (c) of this Section; (iii) that if the individual
14refuses to consent to physical examination, tests, or
15collection of laboratory specimens and that refusal results in
16uncertainty regarding whether he or she has been exposed to or
17is infected with a dangerously contagious or infectious disease
18or otherwise poses a danger to the public's health, the
19individual may be subject to isolation or quarantine pursuant
20to the provisions of subsection (c) of this Section; and (iv)
21that if the individual refuses to consent to physical
22examinations, tests, or collection of laboratory specimens and
23becomes subject to isolation and quarantine as provided in this
24subsection (d), he or she shall have the right to counsel
25pursuant to the provisions of subsection (c) of this Section.
26To the extent feasible without endangering the public's health,

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1the Department shall respect and accommodate the religious
2beliefs of individuals in implementing this subsection.
3 (e) The Department may order the administration of
4vaccines, medications, or other treatments to persons as
5necessary in order to prevent the probable spread of a
6dangerously contagious or infectious disease. A vaccine,
7medication, or other treatment to be administered must not be
8such as is reasonably likely to lead to serious harm to the
9affected individual. To prevent the spread of a dangerously
10contagious or infectious disease, the Department may, pursuant
11to the provisions of subsection (c) of this Section, isolate or
12quarantine persons who are unable or unwilling to receive
13vaccines, medications, or other treatments pursuant to this
14Section. An individual may refuse to receive vaccines,
15medications, or other treatments. An individual shall be given
16a written notice that shall include notice of the following:
17(i) that the individual may refuse to consent to vaccines,
18medications, or other treatments; (ii) that if the individual
19refuses to receive vaccines, medications, or other treatments,
20the individual may be subject to isolation or quarantine
21pursuant to the provisions of subsection (c) of this Section;
22and (iii) that if the individual refuses to receive vaccines,
23medications, or other treatments and becomes subject to
24isolation or quarantine as provided in this subsection (e), he
25or she shall have the right to counsel pursuant to the
26provisions of subsection (c) of this Section. To the extent

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1feasible without endangering the public's health, the
2Department shall respect and accommodate the religious beliefs
3of individuals in implementing this subsection.
4 (f) The Department may order observation and monitoring of
5persons to prevent the probable spread of a dangerously
6contagious or infectious disease. To prevent the spread of a
7dangerously contagious or infectious disease, the Department
8may, pursuant to the provisions of subsection (c) of this
9Section, isolate or quarantine persons whose refusal to undergo
10observation and monitoring results in uncertainty regarding
11whether he or she has been exposed to or is infected with a
12dangerously contagious or infectious disease or otherwise
13poses a danger to the public's health. An individual may refuse
14to undergo observation and monitoring. An individual shall be
15given written notice that shall include notice of the
16following: (i) that the individual may refuse to undergo
17observation and monitoring; (ii) that if the individual
18consents to observation and monitoring, the results of that
19observation and monitoring may subject the individual to
20isolation or quarantine pursuant to the provisions of
21subsection (c) of this Section; (iii) that if the individual
22refuses to undergo observation and monitoring and that refusal
23results in uncertainty regarding whether he or she has been
24exposed to or is infected with a dangerously contagious or
25infectious disease or otherwise poses a danger to the public's
26health, the individual may be subject to isolation or

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1quarantine pursuant to the provisions of subsection (c) of this
2Section; and (iv) that if the individual refuses to undergo
3observation and monitoring and becomes subject to isolation or
4quarantine as provided in this subsection (f), he or she shall
5have the right to counsel pursuant to the provisions of
6subsection (c) of this Section.
7 (g) To prevent the spread of a dangerously contagious or
8infectious disease among humans, the Department may examine,
9test, disinfect, seize, or destroy animals or other related
10property believed to be sources of infection. An owner of such
11animal or other related property shall be given written notice
12regarding such examination, testing, disinfection, seizure, or
13destruction. When the Department determines that any animal or
14related property is infected with or has been exposed to a
15dangerously contagious or infectious disease, it may agree with
16the owner upon the value of the animal or of any related
17property that it may be found necessary to destroy, and in case
18such an agreement cannot be made, the animals or related
19property shall be appraised by 3 competent and disinterested
20appraisers, one to be selected by the Department, one by the
21claimant, and one by the 2 appraisers thus selected. The
22appraisers shall subscribe to an oath made in writing to fairly
23value the animals or related property in accordance with the
24requirements of this Act. The oath, together with the valuation
25fixed by the appraisers, shall be filed with the Department and
26preserved by it. Upon the appraisal being made, the owner or

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1the Department shall immediately destroy the animals by "humane
2euthanasia" as that term is defined in Section 2.09 of the
3Humane Care for Animals Act. Dogs and cats, however, shall be
4euthanized pursuant to the provisions of the Humane Euthanasia
5in Animal Shelters Act. The owner or the Department shall
6additionally, dispose of the carcasses, and disinfect, change,
7or destroy the premises occupied by the animals, in accordance
8with rules prescribed by the Department governing such
9destruction and disinfection. Upon his or her failure so to do
10or to cooperate with the Department, the Department shall cause
11the animals or related property to be destroyed and disposed of
12in the same manner, and thereupon the owner shall forfeit all
13right to receive any compensation for the destruction of the
14animals or related property. All final administrative
15decisions of the Department hereunder shall be subject to
16judicial review pursuant to the provisions of the
17Administrative Review Law, and all amendments and
18modifications thereof, and the rules adopted pursuant thereto.
19The term "administrative decision" is defined as in Section
203-101 of the Code of Civil Procedure.
21 (h) To prevent the spread of a dangerously contagious or
22infectious disease, the Department, local boards of health, and
23local public health authorities shall have emergency access to
24medical or health information or records or data upon the
25condition that the Department, local boards of health, and
26local public health authorities shall protect the privacy and

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1confidentiality of any medical or health information or records
2or data obtained pursuant to this Section in accordance with
3federal and State law. Additionally, any such medical or health
4information or records or data shall be exempt from inspection
5and copying under the Freedom of Information Act. Other than a
6hearing for the purpose of this Act, any information, records,
7reports, statements, notes, memoranda, or other data in the
8possession of the Department, local boards of health, or local
9public health authorities shall not be admissible as evidence,
10nor discoverable in any action of any kind in any court or
11before any tribunal, board, agency, or person. The access to or
12disclosure of any of this information or data by the
13Department, a local board of health, or a local public
14authority shall not waive or have any effect upon its
15non-discoverability or non-admissibility. Any person,
16facility, institution, or agency that provides emergency
17access to health information and data under this subsection
18shall have immunity from any civil or criminal liability, or
19any other type of liability that might otherwise result by
20reason of these actions except in the event of willful and
21wanton misconduct. The privileged quality of communication
22between any professional person or any facility shall not
23constitute grounds for failure to provide emergency access.
24Nothing in this subsection shall prohibit the sharing of
25information as authorized in Section 2.1 of this Act. The
26disclosure of any of this information, records, reports,

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1statements, notes, memoranda, or other data obtained in any
2activity under this Act, except that necessary for the purposes
3of this Act, is unlawful, and any person convicted of violating
4this provision is guilty of a Class A misdemeanor.
5 (i) (A) The Department, in order to prevent and control
6 disease, injury, or disability among citizens of the State
7 of Illinois, may develop and implement, in consultation
8 with local public health authorities, a Statewide system
9 for syndromic data collection through the access to
10 interoperable networks, information exchanges, and
11 databases. The Department may also develop a system for the
12 reporting of comprehensive, integrated data to identify
13 and address unusual occurrences of disease symptoms and
14 other medical complexes affecting the public's health.
15 (B) The Department may enter into contracts or
16 agreements with individuals, corporations, hospitals,
17 universities, not-for-profit corporations, governmental
18 entities, or other organizations, whereby those
19 individuals or entities agree to provide assistance in the
20 compilation of the syndromic data collection and reporting
21 system.
22 (C) The Department shall not release any syndromic data
23 or information obtained pursuant to this subsection to any
24 individuals or entities for purposes other than the
25 protection of the public health. All access to data by the
26 Department, reports made to the Department, the identity of

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1 or facts that would tend to lead to the identity of the
2 individual who is the subject of the report, and the
3 identity of or facts that would tend to lead to the
4 identity of the author of the report shall be strictly
5 confidential, are not subject to inspection or
6 dissemination, and shall be used only for public health
7 purposes by the Department, local public health
8 authorities, or the Centers for Disease Control and
9 Prevention. Entities or individuals submitting reports or
10 providing access to the Department shall not be held liable
11 for the release of information or confidential data to the
12 Department in accordance with this subsection.
13 (D) Nothing in this subsection prohibits the sharing of
14 information as authorized in Section 2.1 of this Act.
15 (j) This Section shall be considered supplemental to the
16existing authority and powers of the Department and shall not
17be construed to restrain or restrict the Department in
18protecting the public health under any other provisions of the
19law.
20 (k) Any person who knowingly or maliciously disseminates
21any false information or report concerning the existence of any
22dangerously contagious or infectious disease in connection
23with the Department's power of quarantine, isolation and
24closure or refuses to comply with a quarantine, isolation or
25closure order is guilty of a Class A misdemeanor.
26 (l) The Department of Public Health may establish and

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1maintain a chemical and bacteriologic laboratory for the
2examination of water and wastes, and for the diagnosis of
3diphtheria, typhoid fever, tuberculosis, malarial fever and
4such other diseases as it deems necessary for the protection of
5the public health.
6 As used in this Act, "locality" means any governmental
7agency which exercises power pertaining to public health in an
8area less than the State.
9 The terms "sanitary investigations and inspections" and
10"sanitary practices" as used in this Act shall not include or
11apply to "Public Water Supplies" or "Sewage Works" as defined
12in the Environmental Protection Act. The Department may adopt
13rules that are reasonable and necessary to implement and
14effectuate this amendatory Act of the 93rd General Assembly.
15 (m) The public health measures set forth in subsections (a)
16through (h) of this Section may be used by the Department to
17respond to chemical, radiological, or nuclear agents or events.
18The individual provisions of subsections (a) through (h) of
19this Section apply to any order issued by the Department under
20this Section. The provisions of subsection (k) apply to
21chemical, radiological, or nuclear agents or events. Prior to
22the Department issuing an order for public health measures set
23forth in this Act for chemical, radiological, or nuclear agents
24or events as authorized in subsection (m), the Department and
25the Illinois Emergency Management Agency shall consult in
26accordance with the Illinois emergency response framework.

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1When responding to chemical, radiological, or nuclear agents or
2events, the Department shall determine the health related risks
3and appropriate public health response measures and provide
4recommendations for response to the Illinois Emergency
5Management Agency. Nothing in this Section shall supersede the
6current National Incident Management System and the Illinois
7Emergency Operation Plan or response plans and procedures
8established pursuant to IEMA statutes.
9 (n) The Department of Public Health may impose fines or
10sanctions upon a facility that fails to comply with subsection
11(b) of Section 12 of the Mental Health and Developmental
12Disabilities Confidentiality Act. The Department of Public
13Health may adopt any rules necessary to implement this
14amendatory Act of the 101st General Assembly.
15(Source: P.A. 96-698, eff. 8-25-09.)
16 Section 10. The Mental Health and Developmental
17Disabilities Confidentiality Act is amended by changing
18Section 12 as follows:
19 (740 ILCS 110/12) (from Ch. 91 1/2, par. 812)
20 Sec. 12. (a) If the United States Secret Service or the
21Department of State Police requests information from a mental
22health or developmental disability facility, as defined in
23Section 1-107 and 1-114 of the Mental Health and Developmental
24Disabilities Code, relating to a specific recipient and the

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1facility director determines that disclosure of such
2information may be necessary to protect the life of, or to
3prevent the infliction of great bodily harm to, a public
4official, or a person under the protection of the United States
5Secret Service, only the following information may be
6disclosed: the recipient's name, address, and age and the date
7of any admission to or discharge from a facility; and any
8information which would indicate whether or not the recipient
9has a history of violence or presents a danger of violence to
10the person under protection. Any information so disclosed shall
11be used for investigative purposes only and shall not be
12publicly disseminated. Any person participating in good faith
13in the disclosure of such information in accordance with this
14provision shall have immunity from any liability, civil,
15criminal or otherwise, if such information is disclosed relying
16upon the representation of an officer of the United States
17Secret Service or the Department of State Police that a person
18is under the protection of the United States Secret Service or
19is a public official.
20 For the purpose of this subsection (a), the term "public
21official" means the Governor, Lieutenant Governor, Attorney
22General, Secretary of State, State Comptroller, State
23Treasurer, member of the General Assembly, member of the United
24States Congress, Judge of the United States as defined in 28
25U.S.C. 451, Justice of the United States as defined in 28
26U.S.C. 451, United States Magistrate Judge as defined in 28

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1U.S.C. 639, Bankruptcy Judge appointed under 28 U.S.C. 152, or
2Supreme, Appellate, Circuit, or Associate Judge of the State of
3Illinois. The term shall also include the spouse, child or
4children of a public official.
5 (b) The Department of Human Services (acting as successor
6to the Department of Mental Health and Developmental
7Disabilities) and all public or private hospitals and mental
8health facilities are required, as hereafter described in this
9subsection, to furnish the Department of State Police only such
10information as may be required for the sole purpose of
11determining whether an individual who may be or may have been a
12patient is disqualified because of that status from receiving
13or retaining a Firearm Owner's Identification Card or falls
14within the federal prohibitors under subsection (e), (f), (g),
15(r), (s), or (t) of Section 8 of the Firearm Owners
16Identification Card Act, or falls within the federal
17prohibitors in 18 U.S.C. 922(g) and (n). All physicians,
18clinical psychologists, or qualified examiners at public or
19private mental health facilities or parts thereof as defined in
20this subsection shall, in the form and manner required by the
21Department, provide notice directly to the Department of Human
22Services, or to his or her employer who shall then report to
23the Department, within 24 hours after determining that a person
24poses a clear and present danger to himself, herself, or
25others, or within 7 days after a person 14 years or older is
26determined to be a person with a developmental disability by a

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1physician, clinical psychologist, or qualified examiner as
2described in Section 1.1 of the Firearm Owners Identification
3Card Act. If a person is a patient as described in clause (1)
4of the definition of "patient" in Section 1.1 of the Firearm
5Owners Identification Card Act, this information shall be
6furnished within 7 days after admission to a public or private
7hospital or mental health facility or the provision of
8services. Any such information disclosed under this subsection
9shall remain privileged and confidential, and shall not be
10redisclosed, except as required by subsection (e) of Section
113.1 of the Firearm Owners Identification Card Act, nor utilized
12for any other purpose. The method of requiring the providing of
13such information shall guarantee that no information is
14released beyond what is necessary for this purpose. In
15addition, the information disclosed shall be provided by the
16Department within the time period established by Section 24-3
17of the Criminal Code of 2012 regarding the delivery of
18firearms. The method used shall be sufficient to provide the
19necessary information within the prescribed time period, which
20may include periodically providing lists to the Department of
21Human Services or any public or private hospital or mental
22health facility of Firearm Owner's Identification Card
23applicants on which the Department or hospital shall indicate
24the identities of those individuals who are to its knowledge
25disqualified from having a Firearm Owner's Identification Card
26for reasons described herein. The Department may provide for a

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1centralized source of information for the State on this subject
2under its jurisdiction. The identity of the person reporting
3under this subsection shall not be disclosed to the subject of
4the report. For the purposes of this subsection, the physician,
5clinical psychologist, or qualified examiner making the
6determination and his or her employer shall not be held
7criminally, civilly, or professionally liable for making or not
8making the notification required under this subsection, except
9for willful or wanton misconduct.
10 Any person, institution, or agency, under this Act,
11participating in good faith in the reporting or disclosure of
12records and communications otherwise in accordance with this
13provision or with rules, regulations or guidelines issued by
14the Department shall have immunity from any liability, civil,
15criminal or otherwise, that might result by reason of the
16action. For the purpose of any proceeding, civil or criminal,
17arising out of a report or disclosure in accordance with this
18provision, the good faith of any person, institution, or agency
19so reporting or disclosing shall be presumed. The full extent
20of the immunity provided in this subsection (b) shall apply to
21any person, institution or agency that fails to make a report
22or disclosure in the good faith belief that the report or
23disclosure would violate federal regulations governing the
24confidentiality of alcohol and drug abuse patient records
25implementing 42 U.S.C. 290dd-3 and 290ee-3.
26 The Department of Public Health may impose fines or

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1sanctions upon a facility that fails to comply with this
2subsection. The Department of Public Health may adopt any rules
3necessary to implement this amendatory Act of the 101st General
4Assembly.
5 For purposes of this subsection (b) only, the following
6terms shall have the meaning prescribed:
7 (1) (Blank).
8 (1.3) "Clear and present danger" has the meaning as
9 defined in Section 1.1 of the Firearm Owners Identification
10 Card Act.
11 (1.5) "Person with a developmental disability" has the
12 meaning as defined in Section 1.1 of the Firearm Owners
13 Identification Card Act.
14 (2) "Patient" has the meaning as defined in Section 1.1
15 of the Firearm Owners Identification Card Act.
16 (3) "Mental health facility" has the meaning as defined
17 in Section 1.1 of the Firearm Owners Identification Card
18 Act.
19 (c) Upon the request of a peace officer who takes a person
20into custody and transports such person to a mental health or
21developmental disability facility pursuant to Section 3-606 or
224-404 of the Mental Health and Developmental Disabilities Code
23or who transports a person from such facility, a facility
24director shall furnish said peace officer the name, address,
25age and name of the nearest relative of the person transported
26to or from the mental health or developmental disability

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1facility. In no case shall the facility director disclose to
2the peace officer any information relating to the diagnosis,
3treatment or evaluation of the person's mental or physical
4health.
5 For the purposes of this subsection (c), the terms "mental
6health or developmental disability facility", "peace officer"
7and "facility director" shall have the meanings ascribed to
8them in the Mental Health and Developmental Disabilities Code.
9 (d) Upon the request of a peace officer or prosecuting
10authority who is conducting a bona fide investigation of a
11criminal offense, or attempting to apprehend a fugitive from
12justice, a facility director may disclose whether a person is
13present at the facility. Upon request of a peace officer or
14prosecuting authority who has a valid forcible felony warrant
15issued, a facility director shall disclose: (1) whether the
16person who is the subject of the warrant is present at the
17facility and (2) the date of that person's discharge or future
18discharge from the facility. The requesting peace officer or
19prosecuting authority must furnish a case number and the
20purpose of the investigation or an outstanding arrest warrant
21at the time of the request. Any person, institution, or agency
22participating in good faith in disclosing such information in
23accordance with this subsection (d) is immune from any
24liability, civil, criminal or otherwise, that might result by
25reason of the action.
26(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-143,

SB1145- 23 -LRB101 06863 LNS 51894 b
1eff. 7-27-15; 99-642, eff. 7-28-16.)