ILCS » Chapter 405 · Act 5
Illinois Compiled Statutes

405 ILCS 5/3-402 (2026)

No physician, qualified examiner, or clinical psychologist shall state to any person that involuntary admission may result if such person does not voluntarily admit himself to a mental health facility unless a physician, qualified examiner, or clinical psychologist who has examined the person is prepared to execute a certificate under Section 3-602 and the person is advised that if he is admitted upon certification, he will be entitled to a court hearing with counsel appointed to represent him at which the State will have to prove that he is subject to involuntary admission

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(405 ILCS 5/3-402) (from Ch. 91 1/2, par. 3-402)
    Sec. 3-402. No physician, qualified examiner, or clinical psychologist shall state to any person that involuntary admission may result if such person does not voluntarily admit himself to a mental health facility unless a physician, qualified examiner, or clinical psychologist who has examined the person is prepared to execute a certificate under Section 3-602 and the person is advised that if he is admitted upon certification, he will be entitled to a court hearing with counsel appointed to represent him at which the State will have to prove that he is subject to involuntary admission.
(Source: P.A. 80-1414.)

    
Notes of Decisions
Cited in 5 cases, 1995–2015 · leading case: People v. James E., 797 N.E.2d 622 (Ill. 2003).
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People v. James E., 797 N.E.2d 622 (Ill. 2003). “See 405 ILCS 5/3-402 (West 2000). Nearly 20 years ago, the Hays court, when confronted with circumstances nearly identical to those in the case at bar, ruled that it was a violation of a voluntarily admitted patient's statutory rights to institute involuntary commitment…”
Matter of Tiffin, 646 N.E.2d 285 (Ill. App. Ct. 1995). “(405 ILCS 5/3-402 (West 1992).) Permitting the State to retain the power to reinstate its petition for involuntary commitment operates as a form of coercion discouraging a respondent from asking for a voluntary discharge and is inconsistent with the policy of the Code.”
In re Lance H., 2014 IL 114899 (Ill. 2015). “1 (West 2010)); a prohibition against physicians, examiners, and psychologists telling a patient that involuntary admission may result if the patient does not seek voluntary admission, unless the medical professional is prepared to execute a certificate for involuntary admission…”
In re Lance H., 2014 IL 114899 (Ill. 2014). “1 (West 2010)); a prohibition against physicians, examiners, and psychologists telling a patient that involuntary admission may result if the patient does not seek voluntary admission, unless the medical professional is prepared to execute a certificate for involuntary -7-…”
In re Lance H., 2014 IL 114899 (Ill. 2014). “1 (West 2010)); a prohibition against physicians, examiners, and psychologists telling a patient that involuntary admission may result if the patient does not seek voluntary admission, unless the medical professional is prepared to execute a certificate for involuntary -7-…”
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