South Carolina Code 44-22-110. Access to medical records; appeal of denial of access
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(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:
Terms Used In South Carolina Code 44-22-110
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Department: means the State Department of Mental Health. See South Carolina Code 44-22-10
- Director: means the Director of the Department of Mental Health. See South Carolina Code 44-22-10
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Patient: means an individual undergoing treatment in the department; however, the term does not include a person committed to the department pursuant to Chapter 48 of Title 44. See South Carolina Code 44-22-10
- Treatment: means the attempted correction or facilitation of a mental illness or alcohol and drug abuse. See South Carolina Code 44-22-10
(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 Director of the Department of Mental Health. The director of the residential program shall notify the patient or guardian of the right to appeal.