Adds siblings to the definition of a qualified person

Title of bill

An act to amend the mental hygiene law, in relation to adding siblings to the definition of a "qualified person"

Purpose or general idea of bill

In addition to a parent, spouse, or adult child of a person with a developmental disability this legislation would add sibling of an adult patient to the list of individuals entitled to request access to clinical records.

Summary of specific provisions

Section one states that a "qualified person" is a guardian of a person with a developmental disability with access to clinical records of such individual. The list of individuals entitled to access include a parent, spouse, and adult child. Siblings of an adult patient would be added to this section.

Section two states that this act shall take effect immediately.

Justification

Currently in Mental Health law a "qualified person" with access to clinical records of a person with a developmental disability includes the patient or client, guardian, parent, spouse, or adult child. This list should be expanded to include siblings. Siblings often play an essential role in the primary care of a developmentally disabled family member.

In 2007, Jonathon's Law was established to ensure that families would have access to information on the care and treatment of their children. In keeping with the intent of Jonathan's Law, the addition of siblings within the definition of "qualified person" would ensure access to records which are crucial when an incidence of abuse has been alleged.

Prior legislative history

None

Fiscal implications

None

Effective date

Immediately