S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1787
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2021
                                ___________
 
 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.
              

                                                            LBD00254-01-1

 A. 1787                             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.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have  become  a  law.    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 to be made on or before
 such effective date.