Bill Text: NY A04237 | 2013-2014 | General Assembly | Introduced

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Bill Title: Authorizes former outpatients of mental health facilities to request a court of competent jurisdiction to render an order to have their files sealed when more than ten years have elapsed since the last treatment in such facility, they are not currently being treated for mental illness and it would be in the best interests of the petitioner and society to seal such record without the requirement of a special proceeding.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-01-08 - referred to mental health [A04237 Detail]

Download: New_York-2013-A04237-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4237
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 1, 2013
                                      ___________
       Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
         tee on Mental Health
       AN ACT to amend the mental hygiene law, in relation to directing  courts
         of  law, upon request, to seal the files of certain former outpatients
         of mental health facilities after ten years
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. Subdivision (b) of section 33.14 of the mental hygiene law
    2  is relettered subdivision (c) and a new subdivision (b) is added to read
    3  as  follows:
    4    (B) (1) NOTWITHSTANDING ANY PROVISION OF LAW  TO  THE  CONTRARY,  UPON
    5  REQUEST BY A PERSON WHO HAS BEEN ADMITTED TO RECEIVE INPATIENT OR OUTPA-
    6  TIENT  SERVICES  FOR  MENTAL  ILLNESS, A COURT OF COMPETENT JURISDICTION
    7  SHALL RENDER AN ORDER DIRECTING THE  SEALING  OF  RECORDS  HELD  BY  THE
    8  OFFICE  OF  MENTAL HEALTH, A FACILITY, OR ANY OTHER INDIVIDUAL OR PUBLIC
    9  OR PRIVATE ENTITY, WHICH IDENTIFY A PERSON AS A  RECIPIENT  OF  SERVICES
   10  FOR  MENTAL  ILLNESS,  SUBJECT  TO SUCH LIMITATIONS OR EXCEPTIONS AS THE
   11  COURT MAY IMPOSE, UPON A FINDING THAT  COMPETENT  MEDICAL  EVIDENCE  HAS
   12  DEMONSTRATED THAT THE PERSON IDENTIFIED IN SUCH RECORDS IS NOT CURRENTLY
   13  SUFFERING  FROM  A  MENTAL  ILLNESS,  HAS  NOT FOR A PERIOD OF TEN YEARS
   14  RECEIVED OUTPATIENT SERVICES FOR THE TREATMENT OF A MENTAL ILLNESS,  AND
   15  THE INTERESTS OF SUCH PERSON AND SOCIETY WOULD BEST BE SERVED BY SEALING
   16  SUCH PERSON'S RECORDS. IT SHALL BE PRESUMED THAT IT WOULD BE IN THE BEST
   17  INTERESTS  OF  SUCH  PERSON AND SOCIETY TO SEAL ANY RECORD OF A PERSON'S
   18  RECEIPT OF SERVICES FOR THE TREATMENT OF MENTAL ILLNESS PRIOR TO HIS  OR
   19  HER SIXTEENTH BIRTHDAY.
   20    (2)  SUCH REQUEST SHALL BE IN A FORM PRESCRIBED BY THE COURT AND SHALL
   21  INCLUDE AN AFFIDAVIT EXECUTED BY SUCH  PETITIONER  AND  FILED  WITH  THE
   22  COURT ALONG WITH COMPETENT MEDICAL EVIDENCE PURSUANT TO PARAGRAPH ONE OF
   23  THIS  SUBDIVISION.  A  PETITIONER  SHALL  NOT  BE REQUIRED TO COMMENCE A
   24  SPECIAL PROCEEDING UNDER THIS SUBDIVISION, PROVIDED, HOWEVER, THAT  THIS
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07713-01-3
       A. 4237                             2
    1  SUBDIVISION SHALL NOT ADVERSELY AFFECT A PETITIONER'S RIGHT TO A SPECIAL
    2  PROCEEDING, HEARING OR ANY OTHER RIGHT UNDER THIS CHAPTER.
    3    (3) EXCEPT FOR SUCH LIMITATIONS AS THE COURT MAY IMPOSE, A COURT ORDER
    4  DIRECTING  THE  OFFICE OF MENTAL HEALTH, A FACILITY, OR OTHER INDIVIDUAL
    5  OR ENTITY TO SEAL RECORDS SHALL REQUIRE THE  OFFICE  OF  MENTAL  HEALTH,
    6  FACILITY  OR  OTHER  INDIVIDUAL  OR ENTITY TO RESPOND TO ANY OFFICIAL OR
    7  UNOFFICIAL INQUIRY CONCERNING A  PERSON'S  HISTORY  OF  MENTAL  ILLNESS,
    8  WHOSE  RECORDS  HAVE  BEEN SEALED, AS THOUGH THE ADMISSION OR RECEIPT OF
    9  SERVICES DOCUMENTED IN THE SEALED RECORDS HAD NEVER OCCURRED.
   10    (4) A PERSON WHO IS THE SUBJECT OF AN ORDER DIRECTING THAT HIS OR  HER
   11  RECORDS  BE  SEALED MAY RESPOND TO ANY OFFICIAL OR UNOFFICIAL INQUIRY BY
   12  ANY PERSON OR AGENCY CONCERNING SUCH PERSON'S HISTORY OF MENTAL  ILLNESS
   13  AS  THOUGH THE ADMISSION OR RECEIPT OF SERVICES DOCUMENTED IN THE SEALED
   14  RECORDS HAD NEVER OCCURRED.
   15    S 2. This act shall take effect on the ninetieth day  after  it  shall
   16  have  become  a  law.    Effective  immediately, the addition, amendment
   17  and/or repeal of any rule or regulation necessary for the implementation
   18  of this act on its effective date is authorized to be made on or  before
   19  such effective date.