Denial of access to clinical records [For application of this section, see 85 Del. Laws, c. 461, § 12].
Del. Code tit. 16, § 5636
in effect(a) Except as provided under subsection (b) of this section, if a client’s treating practitioner clinically determines that releasing a client’s clinical record to the client or the client’s representative would be detrimental to the client’s health or treatment progress, the provider organization may not release the record to the client or the client’s representative.
(b) Whenever a client or the client’s representative requests the client’s clinical records and is denied under subsection (a) of this section, the client or the client’s representative may request that the records be released to another licensed practitioner of the client or the client’s representative choosing. The practitioner chosen by the client or the client’s representative must have an equivalent scope of practice to the practitioner making the clinical determination under subsection (a) of this section.
(c) After receiving a valid request under subsection (b) of this section, the provider organization shall release the client’s clinical records to the licensed practitioner.
(d) If, after receiving and reviewing a client’s clinical records under subsection (c) of this section, a licensed practitioner’s reasonable medical opinion is that releasing the records to the client or the client’s representative would not be detrimental to the client’s health or treatment progress, the practitioner may provide or otherwise disclose all or part of the client’s clinical record to the client or the client’s representative.
Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title16/c056/sc04/index.htmlFetched: 10/4/2026