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NY A02537
Bill
Status
1/16/2015
Primary Sponsor
Gary Pretlow
Click for details
AI Summary
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Courts must grant requests to seal mental health records from the Office of Mental Health and other entities upon finding that a person is not currently suffering from mental illness and has not received outpatient services for mental illness for ten years.
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Petitioner must submit a request in court-prescribed form with an affidavit and competent medical evidence, but is not required to commence a special proceeding.
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Records of mental illness treatment received before age sixteen are presumed to warrant sealing in the person's and society's best interests.
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Sealed records must be treated as though the admission or receipt of services never occurred when responding to official or unofficial inquiries.
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The person whose records are sealed may respond to any inquiry about their mental health history as though the documented services never occurred.
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
1/6/2016