Kelly Law Expands Access for EMS to Transport Patients to Mental Health Facilities

CHICAGO — A new law championed by state Rep. Mike Kelly, D-Chicago, will allow emergency medical service (EMS) responders to take patients to the nearest mental health facility if mental health symptoms are the patient’s most critical concern, even if they are under the influence of drugs or alcohol.

“Patients who are experiencing a mental health crisis but aren’t facing any other life-threatening issues or illnesses should be treated for their most concerning symptom: their mental health,” said Kelly. “Rather than going to an emergency department that does not specialize in mental health care, patients can be redirected to a facility that will be able to provide tailored assistance regarding their mental health regardless of being intoxicated.”

Current law allows EMS to take patients to mental health facilities, so long as the patient has no life-threatening injuries, does not clearly require emergency department care, has an immediate need for mental health services and is not under the influence of drugs or alcohol.

Kelly’s law will remove the last requirement, allowing patients to be taken directly to a mental health facility so long as they are not in immediate need of emergency department care and instead have an immediate need for mental health intervention even while intoxicated. This more targeted patient care will result in better patient outcomes and less stress on emergency departments who cannot provide long-term mental health assistance.

“A first responder’s top priority is making sure their patient is getting the care they need, no matter what illness or issue they’re facing,” said Kelly. “Allowing patients to be taken directly to receive mental health support, even while intoxicated, is the best method of care a first responder can provide.”

House Bill 5193 received bipartisan support in the General Assembly and was signed into law this summer and will go into effect on Jan. 1, 2027.

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