(A) All information and records acquired by the unit and the committee in the exercise of their duties and responsibilities pursuant to this article are confidential, exempt from disclosure under Chapter 4, Title 30, the Freedom of Information Act, and only may be disclosed as necessary to carry out the unit's and committee's purposes and responsibilities.
(B) Statistical compilations of data that do not contain information that would permit the identification of a person to be ascertained are public records.
(C) Reports of the unit and the committee that do not contain information that would permit the identification of a person to be ascertained are public information.
(D) Except as necessary to carry out the unit's and committee's duties and responsibilities, unit personnel and members of the committee and persons attending meetings may not disclose what transpired at a meeting that is not public under Section 43-35-580 and may not disclose information, the disclosure of which is prohibited by this section.
(E) Members of the committee, persons attending a committee meeting, and persons who present information to the committee may not be required to disclose in any civil or criminal proceeding information presented in or opinions formed as a result of the meeting, except that information available from other sources is not immune from introduction into evidence through those sources solely because it was presented during proceedings of the committee or unit or because it is maintained by the committee or unit. Nothing in this subsection may be construed to prevent a person from testifying to information obtained independently of the committee or which is public information.
(F) Information, documents, and records of the unit and of the committee are not subject to subpoena, discovery, or the Freedom of Information Act, except that information, documents, and records otherwise available from other sources are not immune from subpoena, discovery, or the Freedom of Information Act through those sources solely because they were presented during proceedings of the unit or committee or because they are maintained by the unit or the committee.
(G) A person who knowingly violates a provision of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned for not more than six months, or both.
HISTORY: 2006 Act No. 301, Section 9, eff May 23, 2006.
Structure South Carolina Code of Laws
Section 43-35-10. Definitions.
Section 43-35-20. Additional powers of investigative entities.
Section 43-35-30. Photographing of visible trauma on abused adult.
Section 43-35-35. Reporting deaths where abuse or neglect suspected.
Section 43-35-50. Abrogation of privilege for certain communications.
Section 43-35-60. Sharing of report information by investigative entities; public confidentiality.
Section 43-35-65. Notices to be displayed at facilities.
Section 43-35-70. Reports to occupational licensing boards.
Section 43-35-75. Immunity of person making report or participating in investigation in good faith.
Section 43-35-90. Article not to affect authority of agencies.
Section 43-35-200. Vulnerable Adult Guardian ad Litem Program.
Section 43-35-210. Definitions.
Section 43-35-220. Duties and responsibilities of guardian ad litem; assessments.
Section 43-35-230. Appointment of guardian ad litem; continuing legal education.
Section 43-35-250. Charge of guardian ad litem; petition for removal.
Section 43-35-260. Access to information.
Section 43-35-270. Confidentiality of reports and information.
Section 43-35-280. Civil liability.
Section 43-35-310. Council created; membership; filling vacancies.
Section 43-35-320. Responsibilities of council.
Section 43-35-330. Duties of council.
Section 43-35-340. Officers; terms of office; quorum.
Section 43-35-500. Definitions.
Section 43-35-510. Policy of State regarding health and safety of vulnerable adults.
Section 43-35-530. Conduct of investigations.
Section 43-35-540. Access to medical information.
Section 43-35-550. Subpoena of medical information.
Section 43-35-570. Purpose of Vulnerable Adult Fatalities Review Committee.