South Carolina § 38-93-40 Confidentiality; disclosure restrictions and exceptions.

South Carolina Statutes

§ 38-93-40 — Confidentiality; disclosure restrictions and exceptions.

South Carolina § 38-93-40

Title 38INSURANCE

Ch. 93PRIVACY OF GENETIC INFORMATION

This text of South Carolina § 38-93-40 (Confidentiality; disclosure restrictions and 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. § 38-93-40 (2026).

Text

(A)All genetic information obtained before or after the effective date of this chapter must be confidential and must not be disclosed to a third party in a manner that allows identification of the individual tested without first obtaining the written informed consent of that individual or a person legally authorized to consent on behalf of the individual, except that genetic information may be disclosed without consent:

(1)as necessary for the purpose of a criminal or death investigation, a criminal or judicial proceeding, an inquest, or a child fatality review, or for purposes of the State DNA Database established by Section 23-3-610;

(2)to determine the paternity of a person pursuant to Section 63-17-30;

(3)pursuant to an order of a court of competent jurisdiction specifically orderi

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(A) All genetic information obtained before or after the effective date of this chapter must be confidential and must not be disclosed to a third party in a manner that allows identification of the individual tested without first obtaining the written informed consent of that individual or a person legally authorized to consent on behalf of the individual, except that genetic information may be disclosed without consent: (1) as necessary for the purpose of a criminal or death investigation, a criminal or judicial proceeding, an inquest, or a child fatality review, or for purposes of the State DNA Database established by Section 23-3-610; (2) to determine the paternity of a person pursuant to Section 63-17-30; (3) pursuant to an order of a court of competent jurisdiction specifically ordering disclosure of the genetic information; (4) where genetic information concerning a deceased individual will assist in medical diagnosis of blood relatives of the decedent; (5) to a law enforcement or other authorized agency for the purpose of identifying a person or a dead body; or (6) as specifically authorized or required by a state or federal statute. (B) A health insurance issuer may not require an individual to consent to the disclosure of genetic information to the issuer as a condition for obtaining health insurance coverage.