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NY A04795

Bill

Status

Introduced

2/23/2023

Primary Sponsor

Gary Pretlow

Click for details

Origin

Assembly

2023-2024 General Assembly

AI Summary

  • Allows individuals admitted for inpatient or outpatient mental health services to request a court order sealing their records held by the Office of Mental Health, facilities, and other entities.

  • Requires the court to seal records upon finding that competent medical evidence shows the person is not currently suffering from mental illness and has not received outpatient services for mental illness for ten years.

  • Presumes it is in the best interests of the person and society to seal records of mental health services received prior to the person's sixteenth birthday.

  • Requires sealed records to be treated as though the mental health admission or services never occurred in response to any official or unofficial inquiry.

  • Takes effect 90 days after enactment, with authorization for implementing rules and regulations to be completed by that effective date.

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

1/3/2024

Committee Referrals

Mental Health2/23/2023

Full Bill Text

No bill text available