[§134-2] (c) An applicant for a permit shall sign a waiver at the time of application, allowing the chief of police of the county issuing the permit access to any records that have a bearing on the mental health of the applicant.
The permit application form and the waiver form shall be prescribed by the attorney general and shall be uniform throughout the State.
[§134-3.5] Disclosure for firearm permit and registration purposes. A health care provider or public health authority shall disclose health information, including protected health care information, relating to an individual's mental health history, to the appropriate county chief of police in response to a request for the information from the chief of police; provided that:
(1) The information shall be used only for the purpose of evaluating the individual's fitness to acquire or own a firearm; and
(2) The individual has signed a waiver permitting release of the health information for that purpose. [L 2001, c 252, §1]
I don't see anything that says the applicant must have a direct examination or interview with the physician before any health information can be provided, nor that the applicant is required to contact the healthcare professional in any fashion. The law states the Chief of Police must submit the request, and the healthcare professional responds directly to the Chief of Police.
This is exactly the same issue as the non-naturalized US Resident being required to do his own background check though his consulate.
HPD cannot ask us to do our own background check. That is not only adding cost to the permit process (paying for an office visit), but it also lends itself to fraud. When you allow the applicant to take part in his own background check, he'll find a way to get around it.