No licensee, or any of his or her employees or associates, shall disclose information which he or she may have acquired during the course of service, except:
(1) as mandated by Section 63-7-310, requiring certain professionals to report suspected child abuse and neglect, and Section 43-35-85, requiring certain professionals to report suspected abuse, neglect, or exploitation of a vulnerable adult;
(2) to prevent a clear and immediate danger to a person or persons, in cases where the information is necessary to prevent the client from causing harm to himself or herself or to others;
(3) where the licensee is a defendant in a civil, criminal, or disciplinary action arising from the course of service to the client in which case confidences may be disclosed only in the course of that action;
(4) where the client is a party in a criminal or civil proceeding, and the client introduces his mental condition as an element of a claim or defense;
(5) where there is a waiver of confidentiality previously obtained in writing, such information may be disclosed in accordance with the terms of the waiver. Competent clients, or their personal representatives, may consent to the release of confidences. In circumstances where more than one person receives services conjointly, each client who is legally competent to execute a waiver must agree to the waiver referred to in this subsection. Without a waiver from each client legally competent to execute a waiver, no confidences may be disclosed under this subsection;
(6) where otherwise required by law or an order signed by a judge of a court of competent jurisdiction.
HISTORY: 2002 Act No. 189, Section 1.
Structure South Carolina Code of Laws
Title 40 - Professions and Occupations
Section 40-63-5. Application of chapter; conflict of laws.
Section 40-63-10. State Board of Social Work Examiners; membership; oath; expense reimbursements.
Section 40-63-20. Definitions.
Section 40-63-35. Out-of-state social workers authorized.
Section 40-63-40. General public board members; nominations; appointments.
Section 40-63-50. Powers and duties of board.
Section 40-63-60. Adoption of rules governing board proceedings.
Section 40-63-70. Board promulgation of regulations.
Section 40-63-80. Power to subpoena witnesses, take evidence, and require production of documents.
Section 40-63-100. Equitable relief; cease and desist order; temporary restraining order.
Section 40-63-110. Grounds for disciplinary action; misconduct; mental incompetence.
Section 40-63-120. Revocation or suspension of license; fines.
Section 40-63-130. Licensure denial; grounds.
Section 40-63-140. Prior criminal record.
Section 40-63-150. Voluntary surrender of license.
Section 40-63-170. Costs of investigation and prosecution.
Section 40-63-180. Costs and fines; collection and enforcement.
Section 40-63-190. Disclosure of client information.
Section 40-63-200. Unauthorized practice; penalty.
Section 40-63-210. Civil penalties; injunctive relief.
Section 40-63-220. Licensure requirements; Baccalaureate Social Worker.
Section 40-63-230. Licensure requirements; Masters Social Worker.
Section 40-63-240. Licensure requirements; Independent Social Worker-Clinical Practice.
Section 40-63-250. Issuance of license; display; indication of title on documents; renewal; lapse.
Section 40-63-290. Persons exempt from licensure requirement.