ilpsychlaw.com
Philip Pan, M.D.
Dan’s head
Introduction
Welcome to the website, which I hope you will find helpful. The many areas in which mental health treatment intersects with the law can make for a confusing and frustrating experience. I hope that the resource links on this website will help Illinois psychiatrists, psychologists, psychotherapists, social workers, nurses / nurse practitioners and other mental health professionals navigate these potentially treacherous waters. If I've been successful, at least the website is a start for ‘one-stop shopping’ to find whatever answers you might be seeking.
If you scroll your cursor over any topic and it changes color, there is link there that you can click on to reach the source material.
LEGAL DISCLAIMER: It is NOT my intention to dispense legal advice via this website. It is my intention to make it easier for mental health practitioners to access legal advice. While I will do my best to keep the website and all the links updated, I can't guarantee that everything is always completely up-to-date. Please let me know if any link needs to be updated.
Please consult your practice's attorney or the regulation's source agency for further clarification. Good luck!
Philip Pan, M.D.
MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES CODE
(405 ILCS 5/)
Person subject to involuntary admission on an inpatient basis
Person subject to involuntary admission on an outpatient basis
Standard of care, Informed consent
Emergency treatment with psychotropic medication or ECT
Court-ordered involuntary treatment
Treatment in a medical or dental emergency
Informal admission of an adult
Request for discharge under voluntary admission ("5 - day")
Emergency admission of an adult by certificate and petition
Person subject to involuntary admission on an inpatient basis
Role of a healthcare surrogate in emergency admission via certificate and petition
Disclosure to patient prior to examination for the purpose of complete a certificate
Detention for examination towards completion of a certificate
24-hour limit of detention for examination towards completion of a certificate
Temporary detention of patient by a peace officer for certification
Temporary detention of patient by the court for certification
Initiation of treatment after 1st certificate
Filing petition and certificates for court hearing
Admission of an adult on an inpatient basis by court order
Admission of an adult on an outpatient basis by court order
Person subject to involuntary admission on an outpatient basis
Agreed order for outpatient admission (treatment)
Court hearings for involuntary treatment and hospitalization
Request for informal or voluntary inpatient admission by an involuntary patient
Permissibility of video conferencing
Alternative mental health facilities with involuntary admission
Modification, revocation of court-ordered outpatient admission / treatment
Time frames of orders for inpatient or outpatient commitment
Request for discharge from inpatient or outpatient admission
Patient’s right to an independent examiner
Minors requesting counseling or psychotherapy
Minor over 16 years old requesting voluntary admission as an adult
Admission of a minor upon application of a parent or guardian
Emergency admission of a minor
Request for discharge by a minor
Request for discharge of a minor by a parent or guardian
Scheduling of a hearing re. discharge of a minor
Electro-convulsive Therapy (ECT) for minors
Inpatient admission of an intellectually disabled person
Administrative and temporary admission of a developmentally disabled person
Emergency admission of a intellectually disabled person
Evaluation of a patient as a perpetrator of abuse
Duty to protect and warn (Tarasoff duty)
Notification of a determination of an intellectual disability for purposes of the FOID Act
Notification of a person determined to pose a “clear and present danger”