South Carolina § 40-75-190 Confidentiality of client communications; exceptions.

South Carolina Statutes

§ 40-75-190 — Confidentiality of client communications; exceptions.

South Carolina § 40-75-190

Title 40PROFESSIONS AND OCCUPATIONS

Ch. 75PROFESSIONAL COUNSELORS, MARRIAGE AND FAMILY THERAPISTS, AND LICENSED PSYCHO-EDUCATIONAL SPECIALISTS

This text of South Carolina § 40-75-190 (Confidentiality of client communications; exceptions.) 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. § 40-75-190 (2026).

Text

(A)No person licensed under this chapter, and no person's employees or associates, shall disclose any information which he or she may have acquired during the course of treatment, except as required or permitted by applicable state law, federal law, or both, including, but not limited to, compliance with Sections 19-11-95, 43-35-25, 44-29-70, and 63-7-310.

(B)All communications between clients and their licensed professional counselor, marriage and family therapist, or addiction counselor are considered privileged as provided in Section 19-11-95, protecting confidences between patients of mental illness or emotional condition and licensees under this chapter, and as provided in Section 19-11-100, providing limited protection for persons engaged in the gathering of information for journal

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(A) No person licensed under this chapter, and no person's employees or associates, shall disclose any information which he or she may have acquired during the course of treatment, except as required or permitted by applicable state law, federal law, or both, including, but not limited to, compliance with Sections 19-11-95, 43-35-25, 44-29-70, and 63-7-310. (B) All communications between clients and their licensed professional counselor, marriage and family therapist, or addiction counselor are considered privileged as provided in Section 19-11-95, protecting confidences between patients of mental illness or emotional condition and licensees under this chapter, and as provided in Section 19-11-100, providing limited protection for persons engaged in the gathering of information for journalistic or literary purposes. Additionally, a licensed professional counselor, a licensed marital and family therapist, or addiction counselor must maintain privileged communications and patient confidentiality as required of psycho-therapists. All records of treatments maintained by a licensed professional counselor, marriage and family therapist, or an addiction counselor are confidential and must not be disclosed except under the circumstances provided for in this subsection. (C) A person licensed under this chapter must comply with all applicable state and federal confidentiality laws related to alcohol or drug treatment records.

Legislative History

HISTORY: 1998 Act No. 396, SECTION 8; 2018 Act No. 249 (H.4601), SECTION 8, eff May 18, 2018. Effect of Amendment 2018 Act No. 249, SECTION 8, rewrote the section, providing for the inclusion of addiction counselors and revising exceptions.