What's happening
This bill allows former mental health outpatients to request court-ordered sealing of their treatment records after ten years.
Why it matters
Reduces Stigma and Barriers. By allowing individuals to have their mental health outpatient records sealed after ten years without treatment, the bill helps reduce the long-term stigma and discrimination that can follow someone even after recovery, particularly in employment, housing, and social situations.
Empowers Personal Privacy. The law gives former patients more control over their sensitive medical information, making it possible for them to legally deny or not disclose past mental health treatment if questioned by authorities or private entities.
Streamlines the Process. The process for requesting record sealing is designed to be accessible; it does not require a separate legal proceeding and presumes it is in the best interest of people treated before age sixteen, making it easier for individuals to move forward with their lives.
Balanced Safeguards. The court retains discretion to impose limitations or exceptions, ensuring that public safety and other interests can still be considered on a case-by-case basis.
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Who cares
Former mental health patients
People who previously received inpatient or outpatient services could request sealed records with medical evidence of no current mental illness, ten years without outpatient treatment, and a court finding that sealing serves their interests and society’s.
People treated before age 16
The bill would presume that sealing records of mental health services received before their sixteenth birthday serves their interests and society’s.
Office of Mental Health and other record holders
Subject to court-imposed limitations, they would have to seal covered records and answer inquiries as though the documented admission or services had never occurred.
Courts
They would review sealing requests and supporting affidavits and medical evidence, order sealing when the required findings are met, and determine any limitations or exceptions.
Headline styles
Seal Old Mental Health Records
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to mental health
- Referred to mental health
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4114
2019-2020 Regular Sessions
IN ASSEMBLY
February 1, 2019
Introduced by M. of A. PRETLOW -- read once and referred to the Committee 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 Assembly, 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 outpatient 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.
LBD04709-01-9
A. 4114 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.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.