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NY A03092
Bill
Status
1/24/2011
Primary Sponsor
Gary Pretlow
Click for details
AI Summary
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Courts must seal mental health records upon request by a person who received inpatient or outpatient mental illness services if they have not received outpatient treatment for 10 years, are not currently suffering from mental illness, and medical evidence supports sealing the records.
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A presumption exists that records should be sealed for any person who received mental illness treatment prior to age 16.
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Petitioners submit a court-prescribed form with an affidavit and competent medical evidence; no special proceeding is required, though petitioners retain the right to one if desired.
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Sealed records must be treated as though the mental health services never occurred when responding to official or unofficial inquiries, and the person subject to the sealing order may respond to inquiries the same way.
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The law takes effect 90 days after enactment, with agencies authorized to implement necessary rules and regulations immediately.
Legislative Description
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.
Last Action
referred to mental health
1/4/2012