What is the right to treatment in the least restrictive environment?

The right to treatment in the least restrictive environment is a concept related to mental health law in North Dakota. This concept affirms that individuals with mental illnesses have a right to receive care and treatment in the least restrictive, most normalized environment possible. In other words, individuals should be treated in the least intrusive way possible given their individual needs. This concept has been codified in the North Dakota Mental Health Practice Act. Specifically, Section 25-03.1-13 of the North Dakota Century Code states that, “inpatient services shall be provided in the least restrictive environment, consistent with the health and safety of the patient and the safety of staff members and other patients.” Essentially, this means that individuals should receive treatment and care in a setting where they can still function as normal and be safe and secure. The right to treatment in the least restrictive environment is an important right for individuals with mental illnesses. It allows individuals to receive care that is tailored to their unique needs, in a manner that preserves their dignity and autonomy. Furthermore, it encourages individuals to engage in treatment and seek help when needed, rather than resorting to more extreme, restrictive settings.

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