§ 44-22-110 — Access to medical records; appeal of denial of access.

South Carolina § 44-22-110

• Jurisdiction: South Carolina
• Title 44: HEALTH
• Ch. 22: RIGHTS OF MENTAL HEALTH PATIENTS

Text

(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 Office Director of the Office of Mental Health. The director of the residential program shall notify the patient or guardian of the right to appeal.

Legislative History

HISTORY: 1991 Act No. 127, SECTION 1; 1993 Act No. 181, SECTION 1082. Code Commissioner's Note At the direction of the Code Commissioner, certain references in the S.C. Code to the State Department of Mental Health, South Carolina Mental Health Commission, Department of Disabilities and Special Needs, Department of Disabilities and Special Needs Commission, Department of Alcohol and Other Drug Abuse Services, and other related terms were changed to reflect the restructuring of these agencies into component offices under the Department of Behavioral Health and Developmental Disabilities, pursuant to 2025 Act No. 3, SECTION 18.