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NY A01787
Bill
Status
1/11/2021
Primary Sponsor
Gary Pretlow
Click for details
AI Summary
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Courts must seal mental health records upon request from someone admitted for inpatient or outpatient mental illness services if they meet specific criteria.
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Eligibility requires competent medical evidence showing the person is not currently suffering from mental illness and has not received outpatient services for ten years.
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Records of mental illness treatment before age 16 are presumed to warrant sealing in the best interests of the person and society.
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Sealed records must be treated as though the admission or treatment never occurred when responding to official or unofficial inquiries about the person's mental health history.
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Petitioner may submit a request with an affidavit and medical evidence without commencing a special proceeding, though this does not limit their right to pursue other remedies.
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
1/5/2022