§ 6-103.2 — Developmental disability; notice

Illinois § 6-103.2

• Jurisdiction: Illinois
• Topic: HEALTH AND SAFETY
• Ch. 405: MENTAL HEALTH, BEHAVIORAL HEALTH, AND DEVELOPMENTAL DISABILITIES
• Act 405 ILCS 5/: Mental Health and Developmental Disabilities Code.
• Art.: Chapter VI - Miscellaneous Provisions

Text

If a person 14 years old or older is determined to be a person with a developmental disability by a physician, clinical psychologist, advanced practice psychiatric nurse, or qualified examiner, the physician, clinical psychologist, advanced practice psychiatric nurse, or qualified examiner shall notify the Department of Human Services within 7 days of making the determination that the person has a developmental disability. The Department of Human Services shall immediately update its records and information relating to mental health and developmental disabilities, and if appropriate, shall notify the Illinois State Police in a form and manner prescribed by the Illinois State Police. Information disclosed under this Section shall remain privileged and confidential, and shall not be redisclosed, except as required under subsection (e) of Section 3.1 of the Firearm Owners Identification Card Act, nor used for any other purpose. The method of providing this information shall guarantee that the information is not released beyond that which is necessary for the purpose of this Section and shall be provided by rule by the Department of Human Services. The identity of the person reporting under this Section shall not be disclosed to the subject of the report. The physician, clinical psychologist, advanced practice psychiatric nurse, or qualified examiner making the determination and his or her employer may not be held criminally, civilly, or professionally liable for making or not making the notification required under this Section, except for willful or wanton misconduct. For purposes of this Section, "developmental disability" means 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 intellectually disabled persons. 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, advanced practice psychiatric nurse, 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. "Determined to be a person with a developmental disability by a physician, clinical psychologist, advanced practice psychiatric nurse, or qualified examiner" means in the professional opinion of the physician, clinical psychologist, advanced practice psychiatric nurse, or qualified examiner, a person, with whom the physician, psychologist, nurse, or examiner has a formal relationship in his or her professional or official capacity, is diagnosed, assessed, or evaluated as having a developmental disability.

Legislative History

(Source: P.A. 104-270, eff. 8-15-25.)