HB 3157

Amends the Firearm Owners Identification Card Act. Provides that in cases in which a person who has had his or her Firearm Owner's Identification Card revoked or denied because he or she was a patient in a mental health facility and who has received a mental health evaluation by a physician, clinical psychologist, or qualified examiner as those terms are defined in the Mental Health and Developmental Disabilities Code, and has received a certification that he or she is not a clear and present danger to himself, herself, or others to receive a restoration of his or her right to obtain a Firearm Owner's Identification Card shall provide all collateral records to the physician, clinical psychologist, or qualified examiner making the certification and the person shall attest, by signature, that all collateral records have been provided to the evaluator prior to the mental health evaluation. In the definitions of "clinical psychologist"", ""physician"", and ""qualified examiner"", provides that these persons conducting the mental health examinations shall be up to date on their continuing education and must possess a valid certification from the Department of Financial and Professional Regulation. Amends the Mental Health and Developmental Disabilities Confidentiality Act. Provides that an investigator or attorney employed by the Department of Financial and Professional Regulation investigating any provider of mental health or developmental disabilities services who is a licensee of the Department shall be entitled to inspect and copy a recipient record or any part thereof upon the presentation of a Department subpoena. Provides that a subpoena for records issued to a federally assisted substance use disorder program must be accompanied by a court order if required by 42 CFR 2.66. Provides that the Department of Human Services shall notify recipients upon receiving records obtained via subpoena. Nothing in this Act prohibits the use of a recipients records in an administrative proceeding conducted by the Department. Amends various Acts to make conforming changes."