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

                                  3092

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 24, 2011
                               ___________

Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
  tee on Mental Health

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
SPECIAL PROCEEDING UNDER THIS SUBDIVISION, PROVIDED, HOWEVER, THAT  THIS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02761-01-1
              

A. 3092                             2

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.