(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.
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.
Structure South Carolina Code of Laws
Title 40 - Professions and Occupations
Section 40-75-5. Application of Title 40, Chapter 1, Article 1.
Section 40-75-20. Definitions.
Section 40-75-30. Licensure requirement.
Section 40-75-40. Nomination and appointment of board members; vacancies; replacements.
Section 40-75-50. Election of officers.
Section 40-75-60. Adoption of rules and regulations.
Section 40-75-70. Additional powers and duties.
Section 40-75-90. Complaints against licensees; investigation and proceedings.
Section 40-75-130. Denial of licensure.
Section 40-75-140. Denial of license based on person's prior criminal record not permitted.
Section 40-75-150. Voluntary surrender of license.
Section 40-75-170. Payment of investigation and prosecution costs.
Section 40-75-180. Collection and enforcement of imposed costs and fines.
Section 40-75-190. Confidentiality of client communications; exceptions.
Section 40-75-200. Violations of chapter; penalty.
Section 40-75-210. Civil penalties; injunctive relief.
Section 40-75-225. Licensure as addiction counselor; requirements.
Section 40-75-240. Associate licenses.
Section 40-75-250. Issuance of license; display; renewal.
Section 40-75-270. Statement of professional disclosure.
Section 40-75-280. Code of ethics; treatment for impaired practitioners; regulations.
Section 40-75-285. Application of article.
Section 40-75-290. Persons not affected by article.
Section 40-75-310. Severability.
Section 40-75-510. Board to administer provisions of article and issue licenses.
Section 40-75-520. Licensed psycho-educational specialist practice; description.
Section 40-75-530. Application procedures; qualifications.
Section 40-75-540. Regulations for continuing education; license renewal.
Section 40-75-560. Use of Licensed Psycho-educational Specialist title.
Section 40-75-570. Credential lines to be used for work done for school district or private school.
Section 40-75-580. Application of Article 1.
Section 40-75-590. Code of ethics regulations.
Section 40-75-600. Payment of benefits and claims against third parties.
Section 40-75-800. Out-of-state counselors and related therapists authorized.