Definitions

Clear and Present Danger as defined in the Firearm Owners Identification Card Act (430 ILCS 65/1.1) means a person who:

• communicates a serious threat of physical violence against a reasonably identified 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, advanced practice psychiatric nurse or qualified examiner; or

• 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.

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 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 (430 ILCS 65/1).

Advanced Practice Psychiatric Nurse: A nurse who is licensed to practice as an advanced practice registered nurse under Section 65-5 of the Nurse Practice Act and has been certified by the American Nurses Credentialing Center as a psychiatric mental health clinical nurse specialist or a psychiatric mental health nurse practitioner. (405 ILCS 5/1-101.3)

Clinical Psychologist: A person licensed by the Department of Financial and Professional Regulation under the Clinical Psychologist Licensing Act. (405 ILCS 5/103)

Licensed Clinical Social Worker: A person who is (1) has a master’s or doctoral degree in social work from an accredited graduate school of social work and (2) has at least 3 years of supervised postmaster’s clinical social work practice which shall include the provision of mental health services for the evaluation, treatment, and prevention of mental and emotional disorders. A social worker shall be a licensed clinical social worker under the Clinical Social Work and Social Work Practice Act. (405 ILCS 5/1-122.1)

Licensed Clinical Professional Counselor: A licensed clinical professional counselor with a master’s or doctoral degree in counseling or psychology or a similar master’s or doctorate program from a regionally accredited institution who has at least 3 years of supervised postmaster’s clinical professional counseling experience that includes the provision of mental health services for the evaluation, treatment, and prevention of mental and emotional disorders. (405 ILCS 5/1-122)

Physician: A person licensed by the State of Illinois to practice medicine in all its branches and includes any person holding a temporary license, as provided in the Medical Practice Act of 1987. Physician includes a psychiatrist as defined below. (405 ILCS 5/1-120)

Physician Assistant: A physician assistant who has 3 years of clinical training and experience in the evaluation and treatment of mental illness which has been acquired subsequent to any training and experience which constituted a part of the degree program. (Public Act 104-0270)

Psychiatrist: A physician as defined in the first sentence of Section 1-120 who has successfully completed a residency program in psychiatry accredited by either the Accreditation Council for Graduate Medical Education or the American Osteopathic Association. (405 ILCS 5/1-121)

Registered Nurse: A registered nurse with a master’s degree in psychiatric nursing who has 3 years of clinical training and experience in the evaluation and treatment of mental illness which has been acquired subsequent to any training and experience which constituted a part of the degree program. (405 ILCS 5/1-122)

Marriage and Family Therapist: A licensed marriage and family therapist with a master’s or doctoral degree in marriage and family therapy from a regionally accredited educational institution or a similar master’s program or from a program accredited by either the Commission on Accreditation for Marriage and Family Therapy or the Commission on Accreditation for Counseling Related Educational Programs, who has at least 3 years of supervised post master’s experience as a marriage and family therapist that includes the provision of mental health services for the evaluation, treatment, and prevention of mental and emotional disorders. (405 ILCS 5/1-122)

Please note: On August 15th, 2025 Illinois passed HB 3078 (Public Act 104-0270) which expanded the definition of Qualified Examiner under the Mental Health and Developmental Disabilities Code (405 ILCS 5) to include Physician Assistants (PAs) who have three years of clinical training and experience in evaluating and treating mental illness and to include Advanced Practice Psychiatric Nurses (APPNs) on the list of those making mental health determinations under the Mental Health and Developmental Disabilities Code (405 ILCS 5) and the Firearm Owners Identification Act (430 ILCS 65).

This document is provided by the Illinois Department of Human Services (IDHS) to connect providers with statutory references and the online reporting system. It is intended as a general resource only. IDHS does not provide legal advice or case-specific determinations regarding whether a particular situation requires reporting. Providers remain responsible for ensuring compliance with applicable law. Because reporting obligations may vary depending on the circumstances, providers should consult their own legal counsel to determine how the statutory requirements apply in specific cases.