NYPD Acquisition of Candidate Health Records

In accordance with POST Commission Regulation 1955(e)(5), the NYPD has the right to request a candidate’s psychological records when warranted. A history of mental health treatment, including
psychopharmacological treatment (e.g., antidepressants, anxiolytics, mood stabilizers, stimulants), or a history of mental health evaluations (e.g., for purposes of a disability claim), are all examples of circumstances where requesting records associated with treatment or evaluation may be warranted.

Whether or not the NYPD decides to acquire records will depend upon the recency of a candidate’s treatment or evaluation, the duration of treatment, how it connects with other documented or self reported adaptation problems, the nature of the treatment or evaluation, the diagnosis that
necessitated the treatment, and/or other factors that may normalize, mitigate or aggravate the
significance of the intervention or evaluation. For example, brief marital counseling a decade
ago in the absence of evidence of serious conflict in the marriage is unlikely to warrant the
acquisition of treatment records. However, a prescription for lithium, even several years ago,
has the potential to reveal a serious mental health condition associated with the common uses
of that medication.

For further information regarding this matter please click on the link below and read Chapter 7: Personal History Information, which contains a thorough discussion of circumstances giving rise to the need for the NYPD to obtain a candidate’s psychological or medical records:
Peace Officer Psychological Screening Manual

If you failed your NYPD Psychological Evaluation or have been disqualified for any reason and would like to schedule a free consultation, please contact Kevin Sheerin at 516 248 0040.

Email: kevin@sheerinlaw.com

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