Current through 2024-51, December 18, 2024
Section 472-1-A-IV - LEAST RESTRICTIVE APPROPRIATE TREATMENTA. Recipients have the right to be treated in the least restrictive available setting utilizing the least restrictive treatment means appropriate to their needs.B. Any restrictions in an inpatient or residential setting shall, where indicated, be determined and imposed pursuant to the Right to Individualized Treatment and Discharge Plan and the Right to Informed Consent.C. No recipient shall be held in treatment against his or her will by policy, procedure or practice, except by order of court, by emergency hospitalization procedures or by consent of the legally responsible parent, guardian or custodian.D. Agencies or facilities proposing persons for commitment shall first fully consider less restrictive appropriate settings and treatment modalities pursuant to 34-B -MRSA section 3864(5).E. Involuntary hospitalization provisions-shall not be utilized only as a means to accomplish admission, to obtain transportation, or for administrative reasons.14- 472 C.M.R. ch. 1, § A-IV