{"id":376247,"date":"2016-03-31T21:36:41","date_gmt":"2016-04-01T02:36:41","guid":{"rendered":"https:\/\/ability-fl-prod.internetbrands.com\/ability-law\/state\/south-carolina-law\/south-carolina-medical-records-laws.html"},"modified":"2016-06-20T19:50:54","modified_gmt":"2016-06-21T00:50:54","slug":"south-carolina-medical-records-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/south-carolina-law\/south-carolina-medical-records-laws.html","title":{"rendered":"South Carolina Medical Records Laws"},"content":{"rendered":"\n
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South Carolina Medical Records Laws<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Most of us go to the doctor hoping they\u2019ll know what\u2019s wrong and how to make it better. But when you stop to think about it, we trust our doctors and hospitals with private and personal medical information, often without giving a second thought about the regulations regarding how this medical information is stored or shared. As it turns out, the Palmetto State has laws that apply to how doctors and hospitals share our personal health information to make sure our medical records are safe and secure. Here are the basics of medical records laws in South Carolina.<\/p>\n

Medical Records Laws<\/h2>\n

Both federal and state medical records laws<\/a> govern the privacy protection of medical records<\/a>. Generally speaking, your medical records are confidential, meaning only you can give permission to share them. Aside from a court order, South Carolina limits access to medical records to the patient. Medical records statutes regulate whether doctors may share your medical information without your permission<\/a>. For example, there are some specific circumstances in which medical professionals are required to report health information, like positive tests for HIV and certain communicable diseases.<\/p>\n

Medical Records Laws in South Carolina<\/h2>\n

The chart below highlights some of South Carolina\u2019s medical records statutes.<\/p>\n\n

Code Section<\/b><\/p>\n<\/td>\n

South Carolina Code of Laws 44-115-10, et seq.<\/a>: Physicians\u2019 Patient Records Act<\/p>\n<\/td>\n<\/tr>

Who Has Access to Records?<\/b><\/p>\n<\/td>\n

Patient or representative<\/p>\n<\/td>\n<\/tr>

What Privileges Apply to Medical Records?<\/b><\/p>\n<\/td>\n

Mental health provider-patient (19-11-95)<\/p>\n<\/td>\n<\/tr>

Mandatory Reporting Requirements<\/b><\/p>\n<\/td>\n

Sexually transmitted diseases (44-29-70)<\/p>\n<\/td>\n<\/tr>

Patient Consent and Waiver<\/b><\/p>\n<\/td>\n

–<\/p>\n<\/td>\n<\/tr>

Insurance Companies<\/b><\/p>\n<\/td>\n

–<\/p>\n<\/td>\n<\/tr>

Provisions Related to HIV\/AIDS<\/b><\/p>\n<\/td>\n

Information and records are strictly confidential except in limited circumstances (\u00a744-29-136); in minor cases, if attending public school, superintendent and nurse must be notified; Court orders: (\u00a744-29-135)<\/p>\n<\/td>\n<\/tr><\/tbody><\/table>\n

Along with South Carolina law, there are also federal medical records protections. Most of these are listed in the Health Insurance Portability and Accountability Act (HIPAA)<\/a>, which requires doctors and their staff to keep your medical records confidential. There are three exceptions, however, if:<\/p>\n