S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2519

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 16, 2009
                               ___________

Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
  tee on Mental Health, Mental Retardation and  Developmental  Disabili-
  ties

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:

  Section 1. Subdivision (b) of section 33.14 of the mental hygiene  law
is relettered subdivision (c) and a new subdivision (b) is added to read
as  follows:
  (B)  (1)  NOTWITHSTANDING  ANY  PROVISION OF LAW TO THE CONTRARY, UPON
REQUEST BY A PERSON WHO HAS BEEN ADMITTED TO RECEIVE INPATIENT OR OUTPA-
TIENT SERVICES FOR MENTAL ILLNESS, A  COURT  OF  COMPETENT  JURISDICTION
SHALL  RENDER  AN  ORDER  DIRECTING  THE  SEALING OF RECORDS HELD BY THE
OFFICE OF MENTAL HEALTH, A FACILITY, OR ANY OTHER INDIVIDUAL  OR  PUBLIC
OR  PRIVATE  ENTITY,  WHICH IDENTIFY A PERSON AS A RECIPIENT OF SERVICES
FOR MENTAL ILLNESS, SUBJECT TO SUCH LIMITATIONS  OR  EXCEPTIONS  AS  THE
COURT  MAY  IMPOSE,  UPON  A FINDING THAT COMPETENT MEDICAL EVIDENCE HAS
DEMONSTRATED THAT THE PERSON IDENTIFIED IN SUCH RECORDS IS NOT CURRENTLY
SUFFERING FROM A MENTAL ILLNESS, HAS NOT  FOR  A  PERIOD  OF  TEN  YEARS
RECEIVED  OUTPATIENT SERVICES FOR THE TREATMENT OF A MENTAL ILLNESS, AND
THE INTERESTS OF SUCH PERSON AND SOCIETY WOULD BEST BE SERVED BY SEALING
SUCH PERSON'S RECORDS. IT SHALL BE PRESUMED THAT IT WOULD BE IN THE BEST
INTERESTS OF SUCH PERSON AND SOCIETY TO SEAL ANY RECORD  OF  A  PERSON'S
RECEIPT  OF SERVICES FOR THE TREATMENT OF MENTAL ILLNESS PRIOR TO HIS OR
HER SIXTEENTH BIRTHDAY.
  (2) SUCH REQUEST SHALL BE IN A FORM PRESCRIBED BY THE COURT AND  SHALL
INCLUDE  AN  AFFIDAVIT  EXECUTED  BY  SUCH PETITIONER AND FILED WITH THE
COURT ALONG WITH COMPETENT MEDICAL EVIDENCE PURSUANT TO PARAGRAPH ONE OF
THIS SUBDIVISION. A PETITIONER SHALL  NOT  BE  REQUIRED  TO  COMMENCE  A

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01577-01-9
              

A. 2519                             2

SPECIAL  PROCEEDING UNDER THIS SUBDIVISION, PROVIDED, HOWEVER, THAT THIS
SUBDIVISION SHALL NOT ADVERSELY AFFECT A PETITIONER'S RIGHT TO A SPECIAL
PROCEEDING, HEARING OR ANY OTHER RIGHT UNDER THIS CHAPTER.
  (3) EXCEPT FOR SUCH LIMITATIONS AS THE COURT MAY IMPOSE, A COURT ORDER
DIRECTING  THE  OFFICE OF MENTAL HEALTH, A FACILITY, OR OTHER INDIVIDUAL
OR ENTITY TO SEAL RECORDS SHALL REQUIRE THE  OFFICE  OF  MENTAL  HEALTH,
FACILITY  OR  OTHER  INDIVIDUAL  OR ENTITY TO RESPOND TO ANY OFFICIAL OR
UNOFFICIAL INQUIRY CONCERNING A  PERSON'S  HISTORY  OF  MENTAL  ILLNESS,
WHOSE  RECORDS  HAVE  BEEN SEALED, AS THOUGH THE ADMISSION OR RECEIPT OF
SERVICES DOCUMENTED IN THE SEALED RECORDS HAD NEVER OCCURRED.
  (4) A PERSON WHO IS THE SUBJECT OF AN ORDER DIRECTING THAT HIS OR  HER
RECORDS  BE  SEALED MAY RESPOND TO ANY OFFICIAL OR UNOFFICIAL INQUIRY BY
ANY PERSON OR AGENCY CONCERNING SUCH PERSON'S HISTORY OF MENTAL  ILLNESS
AS  THOUGH THE ADMISSION OR RECEIPT OF SERVICES DOCUMENTED IN THE SEALED
RECORDS HAD NEVER OCCURRED.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have  become  a  law; provided, however, that effective immediately, the
addition, amendment and/or repeal of any rule  or  regulation  necessary
for  the implementation of this act on its effective date are authorized
and directed to be made and completed on or before such effective date.