Delaware Code Title 10 Sec. 3926A – Production of reproductive health services records
(a) As used in this section, “reproductive health services” means as defined in § 1702 of Title 24.
Terms Used In Delaware Code Title 10 Sec. 3926A
- Child: means a person who has not reached the age of 18 years. See Delaware Code Title 1 Sec. 302
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
(b) Notwithstanding any law or court rule to the contrary, in any civil action or proceeding, no health-care provider may disclose any of the following unless authorized in writing by the patient, the patient’s guardian, or legal representative:
(1) Any communication made to such health-care provider relating to reproductive health services from a patient or anyone acting on behalf of the patient including a legal representative or a parent of the patient.
(2) Any information obtained by personal examination of a patient relating to reproductive health services.
(c) Subsection (b) of this section does not apply under any of the following circumstances:
(1) If the records relate to a patient who is a plaintiff in a complaint pending before a court of competent jurisdiction alleging health-care negligence and the request for records has been served on a named defendant(s) in that litigation.
(2) If the records are requested by a health-care licensing board and such request is made in connection with an investigation of a complaint to such licensing board and such records are related to such complaint.
(3) If the records are requested by the Department of Justice, a law-enforcement agency, or an agency charged with investigating child abuse, elder abuse, or abuse or a disabled person, incompetent person, or person with an intellectual disability if such request is made in connection with an investigation of abuse and such records are related to such investigation.
(d) Nothing in this section shall be construed to impede the lawful sharing of medical records amongst health-care providers as permitted by state or federal law.