​LEGAL REFERENCES & RESOURCES
Commonly Used SC Medical Record Legal References
Disclaimer: Posting of legislative and regulatory links and related announcements, notifications, manuals, rules, laws, standards and/or other publicly available guidance does NOT constitute legal advisement, recommendation, endorsement, guarantee, interpretation or responsibility in any part or manner by SCHIMA or their volunteers, associates or contributors. As always, please always consult organizational compliance and legal counsel, as well as confirm the information source status when interpreting standards/rules/regulations and making organizational decisions.
SC Code of Regulations Disclaimer SC Code of Laws Disclaimer
Our legal refererences are always a work in progress, and will continue to grow and evolve as our professional practice needs do the same. If you are searching for specific state or federal regulations, statutes, guidance, etc. OR wish to submit a specific regulatory reference, please e-mail us so that we may be of assistance OR share your resource!
South Carolina Code of Regulations
Chapter 61, Section 1100: Medical Records (Healthcare Facilities / Hospitals)
(includes content and completion requirements, state-level retention requirements, etc.)
Chapter 61, Section 64, Part V, RHB5.9: Medical Records and Mammography
(includes references to medical record creation, completion, release and maintenance)
(includes references to medical record creation, completion, release and maintenance)
South Carolina Code of Laws
Title 40, Chapter 47, Section 40-47-110: Professions and Occupations - Physicians & Misc Health Care Providers - Misconduct Constituting Grounds for Disciplinary Action (includes references to medical record creation, completion, release and maintenance)
Title 40, Chapter 15, Sections 40-15-83 and 40-15-450: Professions and Occupations - Dentists, Dental Hygienists, and Dental Technicians - Patient Record Retention & Content (includes references to dentalrecord creation, completion, and maintenance)
Title 44, Chapter 115: Physicians' Patient Records Act (includes copy fee regulations for all types of healthcare providers, retention regulations, etc.)
Title 44, Chapter 81, Section 44-81-40: Bill of Rights for Residents of Long-Term Care Facilities
Title 44, Chapter 117: Prescription Information Privacy Act
(references to GAL access to medical records of ward and family members)
Title 63, Chapter 5, Section 63-5-30: South Carolina Children's Code - Legal Status of Children - Parent-Child Relationship - Rights & Duties of Parents Re: Minor Children (references to equal access to education and medical records for both parents; cross-referenced in 63-7-380)
Title 63, Chapter 7, Section 63-7-380: South Carolina Children's Code - Child Protection & Permanency - Release of Photos and X-Rays w/o Parental Consent; Release of Medical Records (references to equal access to education and medical records for both parents; cross-referenced in 63-7-380)
South Carolina Legislative Links
2015 SC Legislative Manual (96th Edition)
SC Legislative Information Tracking System (Track Bills Online)
SC Department of Health & Human Services
Federal Regulation Links
CFR 42(I)(A)(2): Confidentiality of Alcohol and Drug Abuse Patient Records
SAHMSA Guidance on Applying AOD Confidentiality Guidelines
HHS / Office for Civil Rights HIPAA Resource Center (Privacy, Security, EDI, etc.)
07-Jan-2016 OCR Guidance:
Individuals' Right under HIPAA to Access their Health Information
CMS Regulations & Guidance (All Providers/Programs)
Office of the Inspector General (OIG) Home Page)