South Carolina § 44-26-120 Access to medical and habilitative records; grounds for denial of access; appeal of denial of access; disclosure form.

South Carolina Statutes

§ 44-26-120 — Access to medical and habilitative records; grounds for denial of access; appeal of denial of access; disclosure form.

South Carolina § 44-26-120

Title 44HEALTH

Ch. 26RIGHTS OF CLIENTS WITH INTELLECTUAL DISABILITY

This text of South Carolina § 44-26-120 (Access to medical and habilitative records; grounds for denial of access; appeal of denial of access; disclosure form.) is published on Counsel Stack Legal Research, covering South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.C. Code Ann. § 44-26-120 (2026).

Text

(A)A client or his representative with the appropriate permission may have reasonable access to the client's medical and habilitative records. The requests must be made in writing.

(B)A client or his representative may be refused access to information in the medical and habilitative records if:

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

(2)the attending physician has determined in writing that the information would be detrimental to the client's habilitation regimen. The determination must be placed in the client's records and is considered part of restricted information.

(C)A client or his representative refused access to medical or habilitative records may appeal the refusal to the office director. The director of the residential program

Free access — add to your briefcase to read the full text and ask questions with AI

(A) A client or his representative with the appropriate permission may have reasonable access to the client's medical and habilitative records. The requests must be made in writing. (B) A client or his representative may be refused access to information in the medical and habilitative records if: (1) provided by a third party under assurance that the information remains confidential; (2) the attending physician has determined in writing that the information would be detrimental to the client's habilitation regimen. The determination must be placed in the client's records and is considered part of restricted information. (C) A client or his representative refused access to medical or habilitative records may appeal the refusal to the office director. The director of the residential program shall notify the client or his representative of the right to appeal. (D) Persons granted access to client records shall sign a disclosure form. Disclosure forms are considered part of a client's confidential record.

Legislative History

HISTORY: 1992 Act No. 366, SECTION 1; 1993 Act No. 181, SECTION 1091; 2011 Act No. 47, SECTION 6, eff June 7, 2011. 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.