1) Medical Records
Your doctor is legally required to keep information about your medical history confidential. This includes records pertaining to your physical AND mental health. Any prescriptions you take or evaluations you’ve had are between you and your doctor. Any treatment received or in-patient stays at psych wards or rehabs are considered medical records as well, and are also off limits to the public.
This prompted some digging. Appears that if you are admitted to a hospital, voluntarily or not, your records are not public but can be released. §1448A is the DE background check law.
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Subchapter V. Mental Health Patients' Bill of Rights
16 Del. C. § 5161 Rights of patients in mental health hospitals or residential centers
(13) The hospital or residential center shall maintain a clinical record for each patient admitted...
No information reported to the Department and no clinical records maintained with respect to patients shall be public records. Such information and records
shall not be released to any person or agency outside of the Department
except in conformity with existing law and as follows:...
g. To the State Bureau of Identification pursuant to § 8509 of Title 11 and to the Federal Bureau of Investigation, National Instant Criminal Background Check System pursuant to § 1448A of Title 11; and...
(14) The Delaware Psychiatric Center and any other hospital as defined in § 5001(9) of this title shall, pursuant to § 1448A of Title 11, cause to be submitted to the Federal Bureau of Investigation, National Instant Criminal Background Check System such information as may be required to comply with federal laws and regulations relating to background checks for the purchase or transfer of firearms. Such information shall include only names and other nonclinical identifying information of persons so committed.
