SC Code of Laws, Title 44, Chapter 22, Section 44-22-110: 
Rights of Mental Health Patients - Access to Medical Records

As published by the South Carolina Legislature Online - Verified as current February 2016

 

 

SECTION 44-22-110. Access to medical records; appeal of denial of access.
(A) A patient or the guardian of a patient has access to his medical records, and a person subject to a proceeding or receiving services pursuant to this chapter has complete access to his medical records relevant to this commitment if the access is allowed in the presence of professional mental health staff.

(B) Patients or guardians of patients may be refused access to:

(1) information in medical records provided by a third party under assurance that the information remains confidential;

(2) information in medical records if the attending physician determines in writing that the information is detrimental to the patient's treatment regimen. The determination must be placed in the patient's records and must be considered part of the restricted information.

(C) Patients and guardians denied access to medical records may appeal the refusal to the Director of the Department of Mental Health. The director of the residential program shall notify the patient or guardian of the right to appeal.

HISTORY: 1991 Act No. 127, § 1; 1993 Act No. 181, § 1082.