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| Public Act 102-0972 | ||||
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AN ACT concerning health.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Identification Card Act is amended | ||||
by changing Section 4A as follows:
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(15 ILCS 335/4A) (from Ch. 124, par. 24A)
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Sec. 4A.
(a) "Person with a disability" as used in this Act | ||||
means any person who
is, and who is expected to indefinitely | ||||
continue to be, subject to any of
the following five types of | ||||
disabilities:
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Type One: Physical disability. A physical disability is a | ||||
physical
impairment, disease, or loss, which is of a permanent | ||||
nature, and which
substantially limits physical ability or | ||||
motor skills. The
Secretary of State shall establish standards | ||||
not inconsistent with this
provision necessary to determine | ||||
the presence of a physical disability.
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Type Two: Developmental disability. Developmental | ||||
disability means "developmental disability" as defined in | ||||
Section 1-106 of the Mental Health and Developmental | ||||
Disabilities Code a disability that is attributable to: (i) an | ||||
intellectual disability, cerebral palsy, epilepsy, or autism | ||||
or (ii) any other condition that results in impairment similar | ||||
to that caused by an intellectual disability and requires | ||||
services similar to those required by persons with | ||
intellectual disabilities. Such a disability must originate | ||
before the age of 18 years, be expected to continue | ||
indefinitely, and constitute a substantial disability. The | ||
Secretary
of State shall establish standards not inconsistent | ||
with this provision
necessary to determine the presence of
a | ||
developmental disability.
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Type Three: Visual disability. A visual disability is | ||
blindness, and the term "blindness" means central vision | ||
acuity of 20/200 or less in the better eye with the use of a | ||
correcting lens. An eye that is accompanied by a limitation in | ||
the fields of vision so that the widest diameter of the visual | ||
field subtends an angle no greater than 20 degrees shall be | ||
considered as having a central vision acuity of 20/200 or | ||
less. The Secretary of State shall establish
standards not | ||
inconsistent with this Section necessary to determine the
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presence of a visual disability.
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Type Four: Hearing disability. A hearing disability is a | ||
disability
resulting in complete absence of hearing, or | ||
hearing that with sound
enhancing or magnifying equipment is
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so impaired as to require the use of sensory input other than | ||
hearing
as the principal means of receiving spoken language. | ||
The Secretary of State
shall
establish standards not | ||
inconsistent with this Section
necessary to determine the | ||
presence of a hearing disability.
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Type Five: Mental Disability. A mental disability is a | ||
significant impairment of an individual's cognitive, | ||
affective, or relational abilities that may require | ||
intervention and may be a recognized, medically diagnosable | ||
illness or disorder. The Secretary of State shall establish
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standards not inconsistent with this provision necessary to | ||
determine the
presence of a mental disability.
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(b) For purposes of this Act, a disability shall be | ||
classified as
follows: Class 1 disability: A Class 1 | ||
disability is any type disability
which does not render a | ||
person unable to engage in any substantial gainful
activity or | ||
which does not impair his ability to live independently or to
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perform labor or services for which he is qualified. The | ||
Secretary of State
shall establish standards not inconsistent | ||
with this Section
necessary to determine the presence of a | ||
Class 1 disability.
Class 1A disability: A Class 1A disability | ||
is a Class 1 disability which
renders a person unable to walk | ||
200 feet or more unassisted by another person
or without the | ||
aid of a walker, crutches, braces, prosthetic device or a
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wheelchair or without great difficulty or discomfort due to | ||
the following
impairments: neurologic, orthopedic, | ||
oncological, respiratory, cardiac, arthritic disorder, | ||
blindness,
or the loss of function or absence of a limb or | ||
limbs. The Secretary of
State shall establish standards not | ||
inconsistent with this Section necessary
to determine the | ||
presence of a Class 1A disability. Class 2
disability: A Class | ||
2 disability is any type disability which renders a
person | ||
unable to engage in any substantial gainful activity, which
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substantially impairs his ability to live independently | ||
without
supervision or in-home support services, or which | ||
substantially impairs
his ability to perform labor
or services | ||
for which he is qualified or significantly restricts the
labor | ||
or services which he is able to perform.
The Secretary of State | ||
shall
establish standards not inconsistent with this Section | ||
necessary to
determine the presence of a Class 2 disability.
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Class 2A disability: A Class 2A disability is a Class 2 | ||
disability which
renders a person unable to walk 200 feet or | ||
more unassisted by another
person or without the aid of a | ||
walker, crutches, braces, prosthetic device
or a wheelchair or | ||
without great difficulty or discomfort due to the
following | ||
impairments: neurologic, orthopedic, oncological, | ||
respiratory, cardiac,
arthritic disorder, blindness, or the | ||
loss of function or absence of a limb
or limbs. The Secretary | ||
of State shall establish standards not inconsistent
with this | ||
Section necessary to determine the presence of a Class 2A
| ||
disability.
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(Source: P.A. 98-726, eff. 1-1-15; 99-143, eff. 7-27-15.)
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Section 10. The Mental Health and Developmental | ||
Disabilities Administrative Act is amended by changing Section | ||
2 as follows:
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(20 ILCS 1705/2) (from Ch. 91 1/2, par. 100-2)
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Sec. 2. Definitions; administrative subdivisions.
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(a) For the purposes of this Act, unless the context | ||
otherwise requires:
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"Department" means the Department of Human Services, | ||
successor to the former
Department of Mental Health and | ||
Developmental Disabilities.
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"Developmental disability" means "developmental | ||
disability" as defined in Section 1-106 of the Mental Health | ||
and Developmental Disabilities Code. | ||
"Intellectual disability" means the "intellectual | ||
disability" as defined in Section 1-116 of the Mental Health | ||
and Developmental Disabilities Code. | ||
"Secretary" means the Secretary of Human Services.
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(b) Unless the context otherwise requires:
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(1) References in this Act to the programs or | ||
facilities of the
Department
shall be construed to refer | ||
only to those programs or facilities of the
Department | ||
that pertain to mental health or developmental | ||
disabilities.
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(2) References in this Act to the Department's service | ||
providers or
service recipients shall be construed to | ||
refer only to providers or recipients
of services that | ||
pertain to the Department's mental health and | ||
developmental
disabilities functions.
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(3) References in this Act to employees of the | ||
Department shall be
construed to refer only to employees | ||
whose duties pertain to the Department's
mental health and | ||
developmental disabilities functions.
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(c) The Secretary shall establish such subdivisions
of the | ||
Department as shall
be desirable and shall assign to the | ||
various subdivisions the responsibilities
and duties placed | ||
upon the Department by the Laws of the State of Illinois.
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(d) There is established a coordinator of services to
deaf | ||
and hearing impaired persons with mental disabilities. In | ||
hiring this
coordinator, every consideration shall be given to | ||
qualified deaf or hearing
impaired individuals.
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(e) Whenever the administrative director of the | ||
subdivision for mental
health
services is not a | ||
board-certified psychiatrist, the
Secretary shall appoint a | ||
Chief for Clinical Services who shall be a
board-certified | ||
psychiatrist with both clinical and administrative
experience. | ||
The Chief for Clinical Services shall be responsible for all
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clinical and medical decisions for mental health services.
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(Source: P.A. 99-143, eff. 7-27-15.)
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Section 15. The Disabilities Services Act of 2003 is | ||
amended by changing Section 10 as follows: | ||
(20 ILCS 2407/10)
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Sec. 10. Application of Act; definitions.
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(a) This Act
applies to persons with disabilities. The | ||
disabilities included are
defined for purposes of this Act as | ||
follows:
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"Disability" means a disability as defined by the | ||
Americans
with Disabilities Act of 1990 that is attributable | ||
to a
developmental disability, a mental illness, or a physical
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disability, or combination of those.
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"Developmental disability" means "developmental | ||
disability" as defined in Section 1-106 of the Mental Health | ||
and Developmental Disabilities Code. a disability that is
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attributable to an intellectual disability or a related | ||
condition. A
related condition must meet all of the following | ||
conditions:
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(1) It must be attributable to cerebral palsy,
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epilepsy, or any other condition (other than
mental | ||
illness) found to be closely related to an intellectual | ||
disability because that condition results in impairment of
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general intellectual functioning or adaptive behavior | ||
similar
to that of individuals with an intellectual | ||
disability, and requires
treatment or services similar to | ||
those required for those
individuals. For purposes of this | ||
Section, autism is considered a related
condition.
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(2) It must be manifested before the individual | ||
reaches
age 22.
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(3) It must be likely to continue indefinitely.
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(4) It must result in substantial functional
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limitations in 3 or more of the following areas of major | ||
life
activity: self-care, language, learning, mobility, | ||
self-direction, and capacity
for independent living.
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"Mental Illness" means a mental or emotional disorder
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verified by a diagnosis contained in the
Diagnostic and | ||
Statistical Manual of Mental Disorders-Fourth Edition, | ||
published
by the American Psychiatric Association (DSM-IV), or | ||
its successor, or
International Classification of Diseases, | ||
9th Revision, Clinical Modification
(ICD-9-CM), or its | ||
successor, that
substantially impairs a person's cognitive, | ||
emotional, or
behavioral functioning, or any combination of | ||
those, excluding
(i) conditions that may be the focus of | ||
clinical attention but are not of
sufficient duration or | ||
severity to be categorized as a mental illness, such as
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parent-child relational problems, partner-relational | ||
problems, sexual abuse of
a child, bereavement, academic | ||
problems, phase-of-life problems, and
occupational problems | ||
(collectively, "V codes"), (ii) organic disorders such as
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substance intoxication dementia, substance withdrawal | ||
dementia, Alzheimer's
disease, vascular dementia, dementia due | ||
to HIV infection, and dementia due to Creutzfeldt-Jakob
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disease
and disorders associated with
known or unknown | ||
physical conditions such as hallucinosis, amnestic
disorders | ||
and delirium, and psychoactive substance-induced organic
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disorders, and (iii) an intellectual disability or | ||
psychoactive substance use
disorders.
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"Intellectual disability" means "intellectual disability" | ||
as defined in Section 1-116 of the Mental Health and | ||
Developmental Disabilities Code significantly sub-average | ||
general
intellectual functioning existing concurrently with | ||
deficits in
adaptive behavior and manifested before the age of | ||
22 years.
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"Physical disability" means a disability as defined by the
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Americans with Disabilities Act of 1990 that meets the | ||
following
criteria:
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(1) It is attributable to a physical impairment.
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(2) It results in a substantial functional limitation
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in any of the following areas of major life activity:
(i) | ||
self-care, (ii) receptive and expressive language, (iii)
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learning, (iv) mobility, (v) self-direction, (vi) capacity
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for independent living, and (vii) economic sufficiency.
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(3) It reflects the person's need for a combination | ||
and
sequence of special, interdisciplinary, or general | ||
care,
treatment, or other services that are of lifelong or | ||
of
extended duration and must be individually planned and
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coordinated.
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(b) In this Act:
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"Chronological age-appropriate services" means services, | ||
activities,
and strategies for persons with disabilities that | ||
are
representative of the lifestyle activities of nondisabled | ||
peers of similar
age in the community.
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"Comprehensive evaluation" means procedures used by | ||
qualified professionals
selectively with an individual to
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determine whether a person has a disability and the nature
and | ||
extent of the services that the person with a disability
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needs.
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"Department" means the Department on Aging, the Department | ||
of Human Services,
the Department of Public Health, the | ||
Department of
Public Aid (now Department Healthcare and Family | ||
Services), the University of Illinois Division of Specialized | ||
Care for
Children, the Department of Children and Family | ||
Services, and the Illinois
State
Board of Education, where | ||
appropriate, as designated in the implementation plan
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developed under Section 20.
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"Family" means a natural, adoptive, or foster parent or | ||
parents or
other person or persons responsible for the care of | ||
an individual with a
disability in a family setting.
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"Family or individual support" means those resources and | ||
services
that are necessary to maintain an individual with a
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disability within the family home or his or her own home. These | ||
services may
include, but are not
limited to, cash subsidy, | ||
respite care, and counseling services.
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"Independent service coordination" means a social service | ||
that enables
persons
with developmental disabilities and their | ||
families to locate, use, and
coordinate resources
and
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opportunities in their communities on the basis of individual | ||
need. Independent
service
coordination is independent of | ||
providers of services and funding sources and is
designed
to | ||
ensure accessibility, continuity of care, and accountability | ||
and to maximize
the
potential of persons with developmental | ||
disabilities for independence,
productivity, and
integration | ||
into
the community. Independent service coordination includes, | ||
at a minimum: (i)
outreach to
identify eligible individuals; | ||
(ii) assessment and periodic reassessment to
determine each
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individual's strengths, functional limitations, and need for | ||
specific services;
(iii)
participation in the development of a | ||
comprehensive individual service or
treatment plan;
(iv) | ||
referral to and linkage with needed services and supports; (v) | ||
monitoring
to ensure
the delivery of appropriate services and | ||
to determine individual progress in
meeting goals
and | ||
objectives; and (vi) advocacy to assist the person in | ||
obtaining all
services for which
he or she is eligible or | ||
entitled.
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"Individual service or treatment plan" means a recorded | ||
assessment of the
needs
of a person with a disability, a | ||
description of the services
recommended, the goals of each | ||
type of element of service, an anticipated
timetable for the | ||
accomplishment of the goals, and a designation of the
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qualified professionals responsible for the implementation of | ||
the plan.
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"Least restrictive environment" means an environment that
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represents the least departure from the normal patterns of | ||
living and that
effectively meets the needs of the person | ||
receiving the service.
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(Source: P.A. 97-227, eff. 1-1-12; 98-756, eff. 7-16-14.) | ||
Section 25. The School Code is amended by changing Section | ||
2-3.83 as follows:
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(105 ILCS 5/2-3.83) (from Ch. 122, par. 2-3.83)
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Sec. 2-3.83. Individual transition plan model pilot | ||
program.
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(a) The General Assembly finds that transition services | ||
for special
education students in secondary schools are needed | ||
for the increasing numbers
of students exiting school | ||
programs. Therefore, to ensure coordinated and
timely delivery | ||
of services, the State shall establish a model pilot program | ||
to
provide such services. Local school districts, using joint | ||
agreements and
regional service delivery systems for special | ||
and vocational education
selected by the Governor's Planning | ||
Council on Developmental Disabilities,
shall have the primary | ||
responsibility to convene transition planning
meetings for | ||
these students who will require post-school adult services.
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(b) For purposes of this Section:
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(1) "Post-secondary Service Provider" means a
provider | ||
of services for adults who have any developmental | ||
disability as
defined in Section 1-106 of the Mental | ||
Health and Developmental
Disabilities Code or who are | ||
persons with one or more disabilities as defined in the | ||
Rehabilitation of Persons with Disabilities Act.
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(2) "Individual Education Plan" means a written | ||
statement for an
exceptional child that provides at least | ||
a statement of: the child's
present levels of educational | ||
performance, annual goals and short-term
instructional | ||
objectives; specific special education and related | ||
services;
the extent of participation in the regular | ||
education program; the projected
dates for initiation of | ||
services; anticipated duration of services;
appropriate | ||
objective criteria and evaluation procedures; and a | ||
schedule
for annual determination of short-term | ||
objectives.
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(3) "Individual Transition Plan" (ITP) means a | ||
multi-agency informal
assessment of a student's needs for | ||
post-secondary adult services including
but not limited to | ||
employment, post-secondary education or training and
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residential independent living.
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(4) "Developmental Disability" means "developmental | ||
disability" as defined in Section 1-106 of the Mental | ||
Health and Developmental Disabilities Code a disability | ||
which is
attributable to: (a) an intellectual disability, | ||
cerebral palsy, epilepsy or autism;
or to (b) any other | ||
condition which results in impairment similar to that
| ||
caused by an intellectual disability and which requires | ||
services similar to those
required by persons with an | ||
intellectual disability. Such disability must originate | ||
before
the age of 18 years, be expected to continue | ||
indefinitely, and constitute a
substantial disability.
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(5) "Exceptional Characteristic" means any disabling
| ||
or exceptional
characteristic which interferes with a | ||
student's education including, but
not limited to, a | ||
determination that the student has a severe or profound | ||
mental disability, has mental disability but is trainable, | ||
is deaf-blind, or has
some other health impairment.
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(c) The model pilot program required by this Section shall | ||
be established
and administered by the Governor's Planning | ||
Council on Developmental
Disabilities in conjunction with the | ||
case coordination pilot projects
established by the Department | ||
of Human Services pursuant to Section 4.1 of the Community | ||
Services
Act, as amended.
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(d) The model pilot program shall include the following | ||
features:
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(1) Written notice shall be sent to the student and, | ||
when appropriate, his
or her parent or guardian giving the | ||
opportunity to consent to having the
student's name and | ||
relevant information shared with the local case | ||
coordination
unit and other appropriate State or local | ||
agencies for purposes of inviting
participants to the | ||
individual transition plan meeting.
| ||
(2) Meetings to develop and modify, as needed, an | ||
Individual Transition
Plan
shall be conducted annually for | ||
all students with a developmental disability in
the pilot | ||
program area who are age 16 or older and who are receiving | ||
special
education services for 50% or more of their public | ||
school program. These
meetings shall be convened by the | ||
local school district and conducted in
conjunction with | ||
any other regularly scheduled meetings such as the | ||
student's
annual individual educational plan meeting. The | ||
Governor's Planning Council on
Developmental Disabilities | ||
shall cooperate with and may enter into any
necessary | ||
written agreements with the Department of Human Services | ||
and the State Board of Education to
identify the target | ||
group of students for transition planning and the
| ||
appropriate case
coordination unit to serve these | ||
individuals.
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(3) The ITP meetings shall be co-chaired by the | ||
individual education plan
coordinator and the case | ||
coordinator. The ITP meeting shall include but
not be | ||
limited to discussion of the following: the student's | ||
projected
date of exit from the public schools; his | ||
projected post-school goals
in the areas of employment, | ||
residential living arrangement and
post-secondary | ||
education or training; specific school or post-school
| ||
services needed during the following year to achieve the | ||
student's goals,
including but not limited to vocational | ||
evaluation, vocational education,
work experience or | ||
vocational training, placement assistance, independent
| ||
living skills training, recreational or leisure training, | ||
income support,
medical needs and transportation; and | ||
referrals and linkage to needed services,
including a | ||
proposed time frame for services and the responsible | ||
agency or
provider. The individual transition plan shall | ||
be signed by participants in
the ITP discussion, including | ||
but not limited to the student's parents or
guardian, the | ||
student (where appropriate), multi-disciplinary team
| ||
representatives from the public schools, the case | ||
coordinator and any other
individuals who have | ||
participated in the ITP meeting at the discretion of the
| ||
individual education plan coordinator, the developmental | ||
disability case
coordinator or the parents or guardian.
| ||
(4) At least 10 days prior to the ITP meeting, the | ||
parents or guardian of
the student shall be notified in | ||
writing of the time and place of the meeting
by the local | ||
school district. The ITP discussion shall be documented by | ||
the
assigned case coordinator, and an individual student | ||
file shall be
maintained by each case coordination unit. | ||
One year following a student's
exit from public school the | ||
case coordinator shall conduct a follow up
interview with | ||
the student.
| ||
(5) Determinations with respect to individual | ||
transition plans made under
this Section shall not be | ||
subject to any due process requirements prescribed in
| ||
Section 14-8.02 of this Code.
| ||
(e) (Blank).
| ||
(Source: P.A. 99-143, eff. 7-27-15.)
| ||
Section 30. The MC/DD Act is amended by changing Section | ||
3-801.1 as follows: | ||
(210 ILCS 46/3-801.1)
| ||
Sec. 3-801.1. Access to records of resident with | ||
developmental disabilities. Notwithstanding the other | ||
provisions of this Act to the contrary, the agency designated | ||
by the Governor under Section 1 of "An Act in relation to the | ||
protection and advocacy of the rights of persons with | ||
developmental disabilities, and amending Acts therein named", | ||
enacted by the 84th General Assembly, shall have access to the | ||
records of a person with developmental disabilities who | ||
resides in a facility, subject to the limitations of this Act. | ||
The agency shall also have access for the purpose of | ||
inspection and copying, to the records of a person with | ||
developmental disabilities who resides in any such facility if | ||
(1) a complaint is received by such agency from or on behalf of | ||
the person with a developmental disability, and (2) such | ||
person does not have a guardian or the State or the designee of | ||
the State is the guardian of such person. The designated | ||
agency shall provide written notice to the person with | ||
developmental disabilities and the State guardian of the | ||
nature of the complaint based upon which the designated agency | ||
has gained access to the records. No record or the contents of | ||
any record shall be redisclosed by the designated agency | ||
unless the person with developmental disabilities and the | ||
State guardian are provided 7 days' advance written notice, | ||
except in emergency situations, of the designated agency's | ||
intent to redisclose such record, during which time the person | ||
with developmental disabilities or the State guardian may seek | ||
to judicially enjoin the designated agency's redisclosure of | ||
such record on the grounds that such redisclosure is contrary | ||
to the interests of the person with developmental | ||
disabilities. If a person with developmental disabilities | ||
resides in such a facility and has a guardian other than the | ||
State or the designee of the State, the facility director | ||
shall disclose the guardian's name, address, and telephone | ||
number to the designated agency at the agency's request. | ||
Upon request, the designated agency shall be entitled to | ||
inspect and copy any records or other materials which may | ||
further the agency's investigation of problems affecting | ||
numbers of persons with developmental disabilities. When | ||
required by law any personally identifiable information of | ||
persons with a developmental disability shall be removed from | ||
the records. However, the designated agency may not inspect or | ||
copy any records or other materials when the removal of | ||
personally identifiable information imposes an unreasonable | ||
burden on the facility.
For the purposes of this Section, | ||
"developmental disability" means "developmental disability" as | ||
defined in Section 1-106 of the Mental Health and | ||
Developmental Disabilities Code. a severe, chronic disability | ||
of a person which: | ||
(A) is attributable to a mental or physical impairment | ||
or combination of mental and physical impairments; | ||
(B) is manifested before the person attains age 22; | ||
(C) is likely to continue indefinitely; | ||
(D) results in substantial functional limitations in 3 | ||
or more of the following areas of major life activity: (i) | ||
self care, (ii) receptive and expressive language, (iii) | ||
learning, (iv) mobility, (v) self direction, (vi) capacity | ||
for independent living, and (vii) economic self | ||
sufficiency; and | ||
(E) reflects the person's need for combination and | ||
sequence of special, interdisciplinary or generic care, | ||
treatment or other services which are of lifelong or | ||
extended duration and are individually planned and | ||
coordinated.
| ||
(Source: P.A. 99-180, eff. 7-29-15.) | ||
Section 35. The ID/DD Community Care Act is amended by | ||
changing Section 3-801.1 as follows: | ||
(210 ILCS 47/3-801.1)
| ||
Sec. 3-801.1. Access to records of resident with | ||
developmental disabilities. Notwithstanding the other | ||
provisions of this Act to the contrary, the agency designated | ||
by the Governor under Section 1 of "An Act in relation to the | ||
protection and advocacy of the rights of persons with | ||
developmental disabilities, and amending Acts therein named", | ||
enacted by the 84th General Assembly, shall have access to the | ||
records of a person with developmental disabilities who | ||
resides in a facility, subject to the limitations of this Act. | ||
The agency shall also have access for the purpose of | ||
inspection and copying, to the records of a person with | ||
developmental disabilities who resides in any such facility if | ||
(1) a complaint is received by such agency from or on behalf of | ||
the person with a developmental disability, and (2) such | ||
person does not have a guardian or the State or the designee of | ||
the State is the guardian of such person. The designated | ||
agency shall provide written notice to the person with | ||
developmental disabilities and the State guardian of the | ||
nature of the complaint based upon which the designated agency | ||
has gained access to the records. No record or the contents of | ||
any record shall be redisclosed by the designated agency | ||
unless the person with developmental disabilities and the | ||
State guardian are provided 7 days' advance written notice, | ||
except in emergency situations, of the designated agency's | ||
intent to redisclose such record, during which time the person | ||
with developmental disabilities or the State guardian may seek | ||
to judicially enjoin the designated agency's redisclosure of | ||
such record on the grounds that such redisclosure is contrary | ||
to the interests of the person with developmental | ||
disabilities. If a person with developmental disabilities | ||
resides in such a facility and has a guardian other than the | ||
State or the designee of the State, the facility director | ||
shall disclose the guardian's name, address, and telephone | ||
number to the designated agency at the agency's request. | ||
Upon request, the designated agency shall be entitled to | ||
inspect and copy any records or other materials which may | ||
further the agency's investigation of problems affecting | ||
numbers of persons with developmental disabilities. When | ||
required by law any personally identifiable information of | ||
persons with a developmental disability shall be removed from | ||
the records. However, the designated agency may not inspect or | ||
copy any records or other materials when the removal of | ||
personally identifiable information imposes an unreasonable | ||
burden on the facility.
For the purposes of this Section, | ||
"developmental disability" means "developmental disability" as | ||
defined in Section 1-106 of the Mental Health and | ||
Developmental Disabilities Code. a severe, chronic disability | ||
of a person which: | ||
(A) is attributable to a mental or physical impairment | ||
or combination of mental and physical impairments; | ||
(B) is manifested before the person attains age 22; | ||
(C) is likely to continue indefinitely; | ||
(D) results in substantial functional limitations in 3 | ||
or more of the following areas of major life activity: (i) | ||
self care, (ii) receptive and expressive language, (iii) | ||
learning, (iv) mobility, (v) self direction, (vi) capacity | ||
for independent living, and (vii) economic self | ||
sufficiency; and | ||
(E) reflects the person's need for combination and | ||
sequence of special, interdisciplinary or generic care, | ||
treatment or other services which are of lifelong or | ||
extended duration and are individually planned and | ||
coordinated.
| ||
(Source: P.A. 96-339, eff. 7-1-10.) | ||
Section 40. The Illinois Insurance Code is amended by | ||
changing Section 356z.2 as follows:
| ||
(215 ILCS 5/356z.2)
| ||
Sec. 356z.2. Coverage for adjunctive services in dental | ||
care.
| ||
(a) An individual or group policy of accident and health | ||
insurance
amended, delivered, issued, or renewed after January | ||
1, 2003 (the effective date of Public Act 92-764) shall cover
| ||
charges incurred, and anesthetics provided, in
conjunction | ||
with dental care that is provided to a covered individual in a
| ||
hospital or
an ambulatory surgical treatment center
if any of | ||
the
following
applies:
| ||
(1) the individual is a child age 6 or under;
| ||
(2) the individual has a medical condition that | ||
requires
hospitalization or general anesthesia for dental | ||
care; or
| ||
(3) the individual is a person with a disability.
| ||
(a-5) An individual or group policy of accident and health | ||
insurance amended, delivered, issued, or renewed after January | ||
1, 2016 (the effective date of Public Act 99-141) shall cover | ||
charges incurred, and anesthetics provided by a dentist with a | ||
permit provided under Section 8.1 of the Illinois Dental | ||
Practice Act, in conjunction with dental care that is provided | ||
to a covered individual in a dental office, oral surgeon's | ||
office, hospital, or ambulatory surgical treatment center if | ||
the individual is under age 26 and has been diagnosed with an | ||
autism spectrum disorder as defined in Section 10 of the | ||
Autism Spectrum Disorders Reporting Act or a developmental | ||
disability. A covered individual shall be required to make 2 | ||
visits to the dental care provider prior to accessing other | ||
coverage under this subsection. | ||
For purposes of this subsection, "developmental | ||
disability" means "developmental disability" as defined in | ||
Section 1-106 of the Mental Health and Developmental | ||
Disabilities Code a disability that is attributable to an | ||
intellectual disability or a related condition, if the related | ||
condition meets all of the following conditions: | ||
(1) it is attributable to cerebral palsy, epilepsy, or | ||
any other condition, other than mental illness, found to | ||
be closely related to an intellectual disability because | ||
that condition results in impairment of general | ||
intellectual functioning or adaptive behavior similar to | ||
that of individuals with an intellectual disability and | ||
requires treatment or services similar to those required | ||
for those individuals; for purposes of this definition, | ||
autism is considered a related condition; | ||
(2) it is manifested before the individual reaches age | ||
22; | ||
(3) it is likely to continue indefinitely; and | ||
(4) it results in substantial functional limitations | ||
in 3 or more of the following areas of major life activity: | ||
self-care, language, learning, mobility, self-direction, | ||
and capacity for independent living. | ||
(b) For purposes of this Section, "ambulatory surgical | ||
treatment center"
has the meaning given to that term in | ||
Section 3 of the Ambulatory
Surgical Treatment Center Act.
| ||
For purposes of this Section, "person with a disability" | ||
means a person, regardless of age,
with a chronic
disability | ||
if the chronic disability meets all of the following | ||
conditions:
| ||
(1) It is attributable to a mental or physical | ||
impairment or
combination of mental and physical | ||
impairments.
| ||
(2) It is likely to continue.
| ||
(3) It results in substantial functional limitations | ||
in one or more of
the following areas of major life | ||
activity:
| ||
(A) self-care;
| ||
(B) receptive and expressive language;
| ||
(C) learning;
| ||
(D) mobility;
| ||
(E) capacity for independent living; or
| ||
(F) economic self-sufficiency.
| ||
(c) The coverage required under this Section may be | ||
subject to any
limitations, exclusions, or cost-sharing | ||
provisions that apply generally under
the insurance policy.
| ||
(d) This Section does not apply to a policy that covers | ||
only dental care.
| ||
(e) Nothing in this Section requires that the dental | ||
services be
covered.
| ||
(f) The provisions of this Section do not apply to | ||
short-term travel,
accident-only, limited, or specified | ||
disease policies, nor to policies or
contracts designed for | ||
issuance to persons eligible for coverage under Title
XVIII of | ||
the Social Security Act, known as Medicare, or any other | ||
similar
coverage under State or federal governmental plans.
| ||
(Source: P.A. 101-525, eff. 1-1-20.)
| ||
Section 45. The Mental Health and Developmental | ||
Disabilities Code is amended by changing Sections 1-106 and | ||
1-116 as follows:
| ||
(405 ILCS 5/1-106) (from Ch. 91 1/2, par. 1-106)
| ||
Sec. 1-106.
"Developmental disability" means a severe, | ||
chronic disability, other than mental illness, found to be | ||
closely related to an intellectual disability because this | ||
condition results in impairment of general intellectual | ||
functioning or adaptive behavior similar to that of persons | ||
with ID, and requires services similar to those required for a | ||
person with an intellectual disability. In addition, a | ||
developmental disability: (1) is manifested before the | ||
individual reaches 22 years of age; (2) is likely to continue | ||
indefinitely; (3) results in substantial functional | ||
limitations in three or more of the following areas of major | ||
life activity: self-care, receptive and expressive language, | ||
learning, mobility, self-direction, capacity for independent | ||
living, or economic self-sufficiency; and (4) reflects the | ||
individual's need for a combination and sequence of special | ||
interdisciplinary or generic services, individualized | ||
supports, or other forms of assistance that are of lifelong or | ||
extended duration and are individually planned and coordinated | ||
a disability which is
attributable to: (a) an intellectual | ||
disability, cerebral palsy, epilepsy or autism;
or (b) any | ||
other condition which results in impairment similar to that
| ||
caused by an intellectual disability and which requires | ||
services similar to those
required by persons with an | ||
intellectual disability. Such disability must originate before
| ||
the age of 18 years,
be expected to continue indefinitely, and | ||
constitute
a substantial disability. This definition does not | ||
supersede the "developmental disability" definition in Section | ||
1.1 of the Firearm Owners Identification Card Act which is | ||
required to be applied under that Act for the purpose of | ||
mandatory reporting.
| ||
(Source: P.A. 99-143, eff. 7-27-15.)
| ||
(405 ILCS 5/1-116) (from Ch. 91 1/2, par. 1-116)
| ||
Sec. 1-116. Intellectual disability. "Intellectual | ||
disability" means a disorder with onset during the | ||
developmental period (before the individual reaches age 22), | ||
that includes both intellectual and adaptive deficits in | ||
conceptual, social and practical domains. The following 3 | ||
criteria must be met: (1) deficits in intellectual functions | ||
such as reasoning, problem solving, planning, abstract | ||
thinking, judgment, academic learning, and learning from | ||
experience confirmed by both clinical assessment and | ||
individualized, standardized intelligence testing (generally | ||
indicated with an IQ score of about 70 or below), (2) deficits | ||
in adaptive functioning that result in failure to meet | ||
developmental and sociocultural standards for personal | ||
independence and social responsibility. Without ongoing | ||
support, the adaptive deficits limit functioning in one or | ||
more activities of daily life, such as communication, social | ||
participation, and independent living, across multiple | ||
environments, such as home, school, work, and community, and | ||
(3) onset of intellectual and adaptive deficits during the | ||
developmental period significantly subaverage general
| ||
intellectual functioning which exists concurrently with | ||
impairment in adaptive
behavior and which originates before | ||
the age of 18 years. This definition does not supersede the | ||
"intellectual disability" definition in Section 1.1 of the | ||
Firearm Owners Identification Card Act which is required to be | ||
applied under that Act for the purpose of mandatory reporting.
| ||
(Source: P.A. 97-227, eff. 1-1-12.)
| ||
Section 50. The Specialized Living Centers Act is amended | ||
by changing Section 2.03 as follows:
| ||
(405 ILCS 25/2.03) (from Ch. 91 1/2, par. 602.03)
| ||
Sec. 2.03.
"Person with a developmental disability" means | ||
a person with a "developmental disability" as defined in | ||
Section 1-116 of the Mental Health and Developmental | ||
Disabilities Code individuals whose
disability is attributable | ||
to an intellectual disability, cerebral palsy, epilepsy or
| ||
other neurological condition which generally originates before | ||
such individuals
attain age 18 which had continued or can be | ||
expected to continue indefinitely
and which constitutes a | ||
substantial disability to such individuals.
| ||
(Source: P.A. 99-143, eff. 7-27-15.)
| ||
Section 55. The Developmental Disability and Mental | ||
Disability Services Act is amended by changing Section 2-3 as | ||
follows:
| ||
(405 ILCS 80/2-3) (from Ch. 91 1/2, par. 1802-3)
| ||
Sec. 2-3. As used in this Article, unless the context | ||
requires otherwise:
| ||
(a) "Agency" means an agency or entity licensed by the | ||
Department
pursuant to this Article or pursuant to the | ||
Community Residential
Alternatives Licensing Act.
| ||
(b) "Department" means the Department of Human Services, | ||
as successor to
the Department of Mental Health and | ||
Developmental Disabilities.
| ||
(c) "Home-based services" means services provided to an | ||
adult with a mental disability who lives in his or her own | ||
home. These services include but are
not limited to:
| ||
(1) home health services;
| ||
(2) case management;
| ||
(3) crisis management;
| ||
(4) training and assistance in self-care;
| ||
(5) personal care services;
| ||
(6) habilitation and rehabilitation services;
| ||
(7) employment-related services;
| ||
(8) respite care; and
| ||
(9) other skill training that enables a person to | ||
become self-supporting.
| ||
(d) "Legal guardian" means a person appointed by a court | ||
of competent
jurisdiction to exercise certain powers on behalf | ||
of an adult with a mental disability.
| ||
(e) "Adult with a mental disability" means a person over | ||
the age of 18 years
who lives in his or her own home; who needs | ||
home-based services,
but does not require 24-hour-a-day | ||
supervision; and who has one of the
following conditions: | ||
severe autism, severe mental illness, a severe or
profound | ||
intellectual disability, or severe and multiple impairments.
| ||
(f) In one's "own home" means that an adult with a mental | ||
disability lives
alone; or that an adult with a mental | ||
disability is in full-time residence with his
or her parents, | ||
legal guardian, or other relatives; or that an adult with a | ||
mental disability is in full-time residence in a setting not | ||
subject to
licensure under the Nursing Home Care Act, the | ||
Specialized Mental Health Rehabilitation Act of 2013, the | ||
ID/DD Community Care Act, the MC/DD Act, or the Child Care Act | ||
of 1969, as now or hereafter amended, with 3 or fewer other | ||
adults unrelated to the
adult with a mental disability who do | ||
not provide home-based services to the
adult with a mental | ||
disability.
| ||
(g) "Parent" means the biological or adoptive parent
of an | ||
adult with a mental disability, or a person licensed as a
| ||
foster parent under the laws of this State who acts as a foster | ||
parent to an adult with a mental disability.
| ||
(h) "Relative" means any of the following relationships
by | ||
blood, marriage or adoption: parent, son, daughter, brother, | ||
sister,
grandparent, uncle, aunt, nephew, niece, great | ||
grandparent, great uncle,
great aunt, stepbrother, stepsister, | ||
stepson, stepdaughter, stepparent or
first cousin.
| ||
(i) "Severe autism" means a lifelong developmental | ||
disability which is
typically manifested before 30 months of | ||
age and is characterized by
severe disturbances in reciprocal | ||
social interactions; verbal and
nonverbal communication and | ||
imaginative activity; and repertoire of
activities and | ||
interests. A person shall be determined severely
autistic, for | ||
purposes of this Article, if both of the following are | ||
present:
| ||
(1) Diagnosis consistent with the criteria for | ||
autistic disorder in
the current edition of the Diagnostic | ||
and Statistical Manual of Mental
Disorders.
| ||
(2) Severe disturbances in reciprocal social | ||
interactions; verbal and
nonverbal communication and | ||
imaginative activity; repertoire of activities
and | ||
interests. A determination of severe autism shall be based | ||
upon a
comprehensive, documented assessment with an | ||
evaluation by a licensed
clinical psychologist or | ||
psychiatrist. A determination of severe autism
shall not | ||
be based solely on behaviors relating to environmental, | ||
cultural
or economic differences.
| ||
(j) "Severe mental illness" means the manifestation of all | ||
of the
following characteristics:
| ||
(1) A primary diagnosis of one of the major mental | ||
disorders
in the current edition of the Diagnostic and | ||
Statistical Manual of Mental
Disorders listed below:
| ||
(A) Schizophrenia disorder.
| ||
(B) Delusional disorder.
| ||
(C) Schizo-affective disorder.
| ||
(D) Bipolar affective disorder.
| ||
(E) Atypical psychosis.
| ||
(F) Major depression, recurrent.
| ||
(2) The individual's mental illness must substantially | ||
impair his
or her functioning in at least 2 of the | ||
following areas:
| ||
(A) Self-maintenance.
| ||
(B) Social functioning.
| ||
(C) Activities of community living.
| ||
(D) Work skills.
| ||
(3) Disability must be present or expected to be | ||
present for at least
one year.
| ||
A determination of severe mental illness shall be based | ||
upon a
comprehensive, documented assessment with an evaluation | ||
by a licensed
clinical psychologist or psychiatrist, and shall | ||
not be based solely on
behaviors relating to environmental, | ||
cultural or economic differences.
| ||
(k) "Severe or profound intellectual disability" means a | ||
manifestation of all
of the following characteristics:
| ||
(1) A diagnosis which meets Classification in Mental | ||
Retardation or
criteria in the current edition of the | ||
Diagnostic and Statistical Manual of
Mental Disorders for | ||
severe or profound mental retardation (an IQ of 40 or
| ||
below). This must be measured by a standardized instrument | ||
for general
intellectual functioning.
| ||
(2) A severe or profound level of disturbed adaptive | ||
behavior. This
must be measured by a standardized adaptive | ||
behavior scale or informal
appraisal by the professional | ||
in keeping with illustrations in
Classification in Mental | ||
Retardation, 1983.
| ||
(3) Disability diagnosed before age of 18.
| ||
A determination of a severe or profound intellectual | ||
disability shall be based
upon a comprehensive, documented | ||
assessment with an evaluation by a
licensed clinical | ||
psychologist or certified school psychologist or a
| ||
psychiatrist, and shall not be based solely on behaviors | ||
relating to
environmental, cultural or economic differences.
| ||
(l) "Severe and multiple impairments" means the | ||
manifestation of all of
the following characteristics:
| ||
(1) The evaluation determines the presence of a | ||
developmental
disability which is expected to continue | ||
indefinitely, constitutes a
substantial disability and is | ||
attributable to any of the following:
| ||
(A) Intellectual disability as defined in Section | ||
1-116 of the Mental Health and Developmental | ||
Disabilities Code , which is defined as general | ||
intellectual
functioning that is 2 or more standard | ||
deviations below the mean
concurrent with impairment | ||
of adaptive behavior which is 2 or more standard
| ||
deviations below the mean. Assessment of the | ||
individual's intellectual
functioning must be measured | ||
by a standardized instrument for general
intellectual | ||
functioning.
| ||
(B) Cerebral palsy.
| ||
(C) Epilepsy.
| ||
(D) Autism.
| ||
(E) Any other condition which results in | ||
impairment similar to that
caused by an intellectual | ||
disability and which requires services similar to | ||
those
required by persons with intellectual | ||
disabilities.
| ||
(2) The evaluation determines multiple disabilities in | ||
physical, sensory,
behavioral or cognitive functioning | ||
which constitute a severe or profound
impairment | ||
attributable to one or more of the following:
| ||
(A) Physical functioning, which severely impairs | ||
the individual's motor
performance that may be due to:
| ||
(i) Neurological, psychological or physical | ||
involvement resulting in a
variety of disabling | ||
conditions such as hemiplegia, quadriplegia or | ||
ataxia,
| ||
(ii) Severe organ systems involvement such as | ||
congenital heart defect,
| ||
(iii) Physical abnormalities resulting in the | ||
individual being
non-mobile and non-ambulatory or | ||
confined to bed and receiving assistance
in | ||
transferring, or
| ||
(iv) The need for regular medical or nursing | ||
supervision such as
gastrostomy care and feeding.
| ||
Assessment of physical functioning must be based | ||
on clinical medical
assessment by a physician licensed | ||
to practice medicine in all its branches,
using the | ||
appropriate instruments, techniques and standards of | ||
measurement
required by the professional.
| ||
(B) Sensory, which involves severe restriction due | ||
to hearing or
visual impairment limiting the | ||
individual's movement and creating
dependence in | ||
completing most daily activities. Hearing impairment | ||
is
defined as a loss of 70 decibels aided or speech | ||
discrimination of less
than 50% aided. Visual | ||
impairment is defined as 20/200 corrected in the
| ||
better eye or a visual field of 20 degrees or less.
| ||
Sensory functioning must be based on clinical medical | ||
assessment by a
physician licensed to practice | ||
medicine in all its branches using the
appropriate | ||
instruments, techniques and standards of measurement | ||
required
by the professional.
| ||
(C) Behavioral, which involves behavior that is | ||
maladaptive and presents
a danger to self or others, | ||
is destructive to property by deliberately
breaking, | ||
destroying or defacing objects, is disruptive by | ||
fighting, or has
other socially offensive behaviors in | ||
sufficient frequency or severity to
seriously limit | ||
social integration. Assessment of behavioral | ||
functioning
may be measured by a standardized scale or | ||
informal appraisal by a clinical
psychologist or | ||
psychiatrist.
| ||
(D) Cognitive, which involves intellectual | ||
functioning at a measured IQ
of 70 or below. | ||
Assessment of cognitive functioning must be measured | ||
by a
standardized instrument for general intelligence.
| ||
(3) The evaluation determines that development is | ||
substantially less
than expected for the age in cognitive, | ||
affective or psychomotor behavior
as follows:
| ||
(A) Cognitive, which involves intellectual | ||
functioning at a measured IQ
of 70 or below. | ||
Assessment of cognitive functioning must be measured | ||
by a
standardized instrument for general intelligence.
| ||
(B) Affective behavior, which involves over and | ||
under responding to
stimuli in the environment and may | ||
be observed in mood, attention to
awareness, or in | ||
behaviors such as euphoria, anger or sadness that
| ||
seriously limit integration into society. Affective | ||
behavior must be based
on clinical assessment using | ||
the appropriate instruments, techniques and
standards | ||
of measurement required by the professional.
| ||
(C) Psychomotor, which includes a severe | ||
developmental delay in fine or
gross motor skills so | ||
that development in self-care, social interaction,
| ||
communication or physical activity will be greatly | ||
delayed or restricted.
| ||
(4) A determination that the disability originated | ||
before the age of
18 years.
| ||
A determination of severe and multiple impairments shall | ||
be based upon a
comprehensive, documented assessment with an | ||
evaluation by a licensed
clinical psychologist or | ||
psychiatrist.
| ||
If the examiner is a licensed clinical psychologist, | ||
ancillary evaluation
of physical impairment, cerebral palsy or | ||
epilepsy must be made by a
physician licensed to practice | ||
medicine in all its branches.
| ||
Regardless of the discipline of the examiner, ancillary | ||
evaluation of
visual impairment must be made by an | ||
ophthalmologist or a licensed optometrist.
| ||
Regardless of the discipline of the examiner, ancillary | ||
evaluation of
hearing impairment must be made by an | ||
otolaryngologist or an audiologist
with a certificate of | ||
clinical competency.
| ||
The only exception to the above is in the case of a person | ||
with cerebral
palsy or epilepsy who, according to the | ||
eligibility criteria listed below,
has multiple impairments | ||
which are only physical and sensory. In such a
case, a | ||
physician licensed to practice medicine in all its branches | ||
may
serve as the examiner.
| ||
(m) "Twenty-four-hour-a-day supervision" means | ||
24-hour-a-day care by a
trained mental health or developmental | ||
disability professional on an ongoing
basis.
| ||
(Source: P.A. 98-104, eff. 7-22-13; 99-143, eff. 7-27-15; | ||
99-180, eff. 7-29-15; 99-642, eff. 7-28-16.)
| ||
Section 60. The Developmental Disability Prevention Act is | ||
amended by changing Section 2 as follows:
| ||
(410 ILCS 250/2) (from Ch. 111 1/2, par. 2102)
| ||
Sec. 2.
As used in this Act:
| ||
(a) "perinatal" means the period of time between the | ||
conception of an
infant and the end of the first month of life;
| ||
(b) "congenital" means those intrauterine factors which | ||
influence the
growth, development and function of the fetus;
| ||
(c) "environmental" means those extrauterine factors which | ||
influence the
adaptation, well being or life of the newborn | ||
and may lead to disability;
| ||
(d) "high risk" means an increased level of risk of harm or | ||
mortality to
the woman of childbearing age, fetus or newborn | ||
from congenital and/or
environmental factors;
| ||
(e) "perinatal center" means a referral facility intended | ||
to care for the
high risk patient before, during, or after | ||
labor and delivery and
characterized by sophistication and | ||
availability of personnel, equipment,
laboratory, | ||
transportation techniques, consultation and other support
| ||
services;
| ||
(f) "developmental disability" means "developmental | ||
disability" as defined in Section 1-106 of the Mental Health | ||
and Developmental Disabilities Code an intellectual | ||
disability, cerebral palsy,
epilepsy, or other neurological | ||
disabling conditions of an individual
found to be closely | ||
related to an intellectual disability or to require treatment
| ||
similar to that required by individuals with an intellectual | ||
disability, and the
disability originates before such | ||
individual attains age 18, and has
continued, or can be | ||
expected to continue indefinitely, and constitutes a
| ||
substantial disability of such individuals;
| ||
(g) "disability" means a condition characterized by | ||
temporary or
permanent, partial or complete impairment of | ||
physical, mental or
physiological function;
| ||
(h) "Department" means the Department of Public Health.
| ||
(Source: P.A. 99-143, eff. 7-27-15.)
| ||
Section 65. The Firearm Owners Identification Card Act is | ||
amended by changing Section 1.1 as follows:
| ||
(430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)
| ||
Sec. 1.1. For purposes of this Act:
| ||
"Addicted to narcotics" means a person who has been: | ||
(1) convicted of an offense involving the use or | ||
possession of cannabis, a controlled substance, or | ||
methamphetamine within the past year; or | ||
(2) determined by the Illinois State Police to be | ||
addicted to narcotics based upon federal law or federal | ||
guidelines. | ||
"Addicted to narcotics" does not include possession or use | ||
of a prescribed controlled substance under the direction and | ||
authority of a physician or other person authorized to | ||
prescribe the controlled substance when the controlled | ||
substance is used in the prescribed manner. | ||
"Adjudicated as a person with a mental disability" means | ||
the person is the subject of a determination by a court, board, | ||
commission or other lawful authority that the person, as a | ||
result of marked subnormal intelligence, or mental illness, | ||
mental impairment, incompetency, condition, or disease: | ||
(1) presents a clear and present danger to himself, | ||
herself, or to others; | ||
(2) lacks the mental capacity to manage his or her own | ||
affairs or is adjudicated a person with a disability as | ||
defined in Section 11a-2 of the Probate Act of 1975; | ||
(3) is not guilty in a criminal case by reason of | ||
insanity, mental disease or defect; | ||
(3.5) is guilty but mentally ill, as provided in | ||
Section 5-2-6 of the Unified Code of Corrections; | ||
(4) is incompetent to stand trial in a criminal case; | ||
(5) is not guilty by reason of lack of mental | ||
responsibility under Articles 50a and 72b of the Uniform | ||
Code of Military Justice, 10 U.S.C. 850a, 876b;
| ||
(6) is a sexually violent person under subsection (f) | ||
of Section 5 of the Sexually Violent Persons Commitment | ||
Act; | ||
(7) is a sexually dangerous person under the Sexually | ||
Dangerous Persons Act; | ||
(8) is unfit to stand trial under the Juvenile Court | ||
Act of 1987; | ||
(9) is not guilty by reason of insanity under the | ||
Juvenile Court Act of 1987; | ||
(10) is subject to involuntary admission as an | ||
inpatient as defined in Section 1-119 of the Mental Health | ||
and Developmental Disabilities Code; | ||
(11) is subject to involuntary admission as an | ||
outpatient as defined in Section 1-119.1 of the Mental | ||
Health and Developmental Disabilities Code; | ||
(12) is subject to judicial admission as set forth in | ||
Section 4-500 of the Mental Health and Developmental | ||
Disabilities Code; or | ||
(13) is subject to the provisions of the Interstate | ||
Agreements on Sexually Dangerous Persons Act. | ||
"Clear and present danger" means a person who: | ||
(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. | ||
"Clinical psychologist" has the meaning provided in | ||
Section 1-103 of the Mental Health and Developmental | ||
Disabilities Code. | ||
"Controlled substance" means a controlled substance or | ||
controlled substance analog as defined in the Illinois | ||
Controlled Substances Act. | ||
"Counterfeit" means to copy or imitate, without legal | ||
authority, with
intent
to deceive. | ||
"Developmental disability" means a severe, chronic | ||
disability of an individual that: | ||
(1) is attributable to a mental or physical impairment | ||
or combination of mental and physical impairments; | ||
(2) is manifested before the individual attains age | ||
22; | ||
(3) is likely to continue indefinitely; | ||
(4) results in substantial functional limitations in 3 | ||
or more of the following areas of major life activity: | ||
(A) Self-care. | ||
(B) Receptive and expressive language. | ||
(C) Learning. | ||
(D) Mobility. | ||
(E) Self-direction. | ||
(F) Capacity for independent living. | ||
(G) Economic self-sufficiency; and | ||
(5) reflects the individual's need for a combination | ||
and sequence of special, interdisciplinary, or generic | ||
services, individualized supports, or other forms of | ||
assistance that are of lifelong or extended duration and | ||
are individually planned and coordinated. | ||
"Federally licensed firearm dealer" means a person who is | ||
licensed as a federal firearms dealer under Section 923 of the | ||
federal Gun Control Act of 1968 (18 U.S.C. 923).
| ||
"Firearm" means any device, by
whatever name known, which | ||
is designed to expel a projectile or projectiles
by the action | ||
of an explosion, expansion of gas or escape of gas; excluding,
| ||
however:
| ||
(1) any pneumatic gun, spring gun, paint ball gun, or | ||
B-B gun which
expels a single globular projectile not | ||
exceeding .18 inch in
diameter or which has a maximum | ||
muzzle velocity of less than 700 feet
per second;
| ||
(1.1) any pneumatic gun, spring gun, paint ball gun, | ||
or B-B gun which expels breakable paint balls containing | ||
washable marking colors; | ||
(2) any device used exclusively for signaling or | ||
safety and required or
recommended by the United States | ||
Coast Guard or the Interstate Commerce
Commission;
| ||
(3) any device used exclusively for the firing of stud | ||
cartridges,
explosive rivets or similar industrial | ||
ammunition; and
| ||
(4) an antique firearm (other than a machine-gun) | ||
which, although
designed as a weapon, the Illinois State | ||
Police finds by reason of
the date of its manufacture, | ||
value, design, and other characteristics is
primarily a | ||
collector's item and is not likely to be used as a weapon.
| ||
"Firearm ammunition" means any self-contained cartridge or | ||
shotgun
shell, by whatever name known, which is designed to be | ||
used or adaptable to
use in a firearm; excluding, however:
| ||
(1) any ammunition exclusively designed for use with a | ||
device used
exclusively for signaling signalling or safety | ||
and required or recommended by the
United States Coast | ||
Guard or the Interstate Commerce Commission; and
| ||
(2) any ammunition designed exclusively for use with a | ||
stud or rivet
driver or other similar industrial | ||
ammunition. | ||
"Gun show" means an event or function: | ||
(1) at which the sale and transfer of firearms is the | ||
regular and normal course of business and where 50 or more | ||
firearms are displayed, offered, or exhibited for sale, | ||
transfer, or exchange; or | ||
(2) at which not less than 10 gun show vendors | ||
display, offer, or exhibit for sale, sell, transfer, or | ||
exchange firearms.
| ||
"Gun show" includes the entire premises provided for an | ||
event or function, including parking areas for the event or | ||
function, that is sponsored to facilitate the purchase, sale, | ||
transfer, or exchange of firearms as described in this | ||
Section.
Nothing in this definition shall be construed to | ||
exclude a gun show held in conjunction with competitive | ||
shooting events at the World Shooting Complex sanctioned by a | ||
national governing body in which the sale or transfer of | ||
firearms is authorized under subparagraph (5) of paragraph (g) | ||
of subsection (A) of Section 24-3 of the Criminal Code of 2012. | ||
Unless otherwise expressly stated, "gun show" does not | ||
include training or safety classes, competitive shooting | ||
events, such as rifle, shotgun, or handgun matches, trap, | ||
skeet, or sporting clays shoots, dinners, banquets, raffles, | ||
or
any other event where the sale or transfer of firearms is | ||
not the primary course of business. | ||
"Gun show promoter" means a person who organizes or | ||
operates a gun show. | ||
"Gun show vendor" means a person who exhibits, sells, | ||
offers for sale, transfers, or exchanges any firearms at a gun | ||
show, regardless of whether the person arranges with a gun | ||
show promoter for a fixed location from which to exhibit, | ||
sell, offer for sale, transfer, or exchange any firearm. | ||
"Intellectual disability" means significantly subaverage | ||
general intellectual functioning, existing concurrently with | ||
deficits in adaptive behavior and manifested during the | ||
developmental period, which is defined as before the age of | ||
22, that adversely affects a child's educational performance. | ||
"Involuntarily admitted" has the meaning as prescribed in | ||
Sections 1-119 and 1-119.1 of the Mental Health and | ||
Developmental Disabilities Code. | ||
"Mental health facility" means any licensed private | ||
hospital or hospital affiliate, institution, or facility, or | ||
part thereof, and any facility, or part thereof, operated by | ||
the State or a political subdivision thereof which provides | ||
provide treatment of persons with mental illness and includes | ||
all hospitals, institutions, clinics, evaluation facilities, | ||
mental health centers, colleges, universities, long-term care | ||
facilities, and nursing homes, or parts thereof, which provide | ||
treatment of persons with mental illness whether or not the | ||
primary purpose is to provide treatment of persons with mental | ||
illness. | ||
"National governing body" means a group of persons who | ||
adopt rules and formulate policy on behalf of a national | ||
firearm sporting organization. | ||
"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; or | ||
(2) 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. | ||
" Person with a developmental disability" means a person | ||
with a disability which is attributable to any other condition | ||
which results in impairment similar to that caused by an | ||
intellectual disability and which requires services similar to | ||
those required by persons with intellectual disabilities. The | ||
disability must originate before the age of 18
years, be | ||
expected to continue indefinitely, and constitute a | ||
substantial disability. This disability results, in the | ||
professional opinion of a physician, clinical psychologist, or | ||
qualified examiner, in significant functional limitations in 3 | ||
or more of the following areas of major life activity: | ||
(i) self-care; | ||
(ii) receptive and expressive language; | ||
(iii) learning; | ||
(iv) mobility; or | ||
(v) self-direction. | ||
"Person with an intellectual disability" means a person | ||
with a significantly subaverage general intellectual | ||
functioning which exists concurrently with impairment in | ||
adaptive behavior and which originates before the age of 18 | ||
years. | ||
"Physician" has the meaning as defined in Section 1-120 of | ||
the Mental Health and Developmental Disabilities Code. | ||
"Protective order" means any orders of protection issued | ||
under the Illinois Domestic Violence Act of 1986, stalking no | ||
contact orders issued under the Stalking No Contact Order Act, | ||
civil no contact orders issued under the Civil No Contact | ||
Order Act, and firearms restraining orders issued under the | ||
Firearms Restraining Order Act. | ||
"Qualified examiner" has the meaning provided in Section | ||
1-122 of the Mental Health and Developmental Disabilities | ||
Code. | ||
"Sanctioned competitive shooting event" means a shooting | ||
contest officially recognized by a national or state shooting | ||
sport association, and includes any sight-in or practice | ||
conducted in conjunction with the event.
| ||
"School administrator" means the person required to report | ||
under the School Administrator Reporting of Mental Health | ||
Clear and Present Danger Determinations Law. | ||
"Stun gun or taser" has the meaning ascribed to it in | ||
Section 24-1 of the Criminal Code of 2012. | ||
(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; | ||
revised 10-6-21.) | ||
Section 70. The Probate Act of 1975 is amended by changing | ||
Section 11a-1 as follows:
| ||
(755 ILCS 5/11a-1) (from Ch. 110 1/2, par. 11a-1)
| ||
Sec. 11a-1. "Developmental disability", "intellectual | ||
disability", and "related condition" defined. | ||
"Developmental disability" means "developmental | ||
disability" as defined in Section 1-116 of the Mental Health | ||
and Developmental Disabilities Code a disability that is | ||
attributable to an intellectual disability or a related | ||
condition. | ||
"Intellectual disability" means "intellectual disability" | ||
as defined in Section 1-116 of the Mental Health and | ||
Developmental Disabilities Code significantly subaverage | ||
general intellectual functioning existing concurrently with | ||
deficits in adaptive behavior and manifested before the age of | ||
22 years. | ||
"Related condition" means a condition that: | ||
(1) is attributable to cerebral palsy, epilepsy, or | ||
any other condition, other than mental illness, found to | ||
be closely related to an intellectual disability because | ||
that condition results in impairment of general | ||
intellectual functioning or adaptive behavior similar to | ||
that of individuals with an intellectual disability, and | ||
requires treatment or services similar to those required | ||
for those individuals. For purposes of this Act, autism is | ||
considered a related condition; | ||
(2) is manifested before the individual reaches age | ||
22; | ||
(3) is likely to continue indefinitely; and | ||
(4) results in substantial functional limitation in 3 | ||
or more of the following areas of major life activity: | ||
self-care, language, learning, mobility, self-direction, | ||
and capacity for independent living.
| ||
(Source: P.A. 102-72, eff. 1-1-22; 102-109, eff. 1-1-22.)
| ||