A physician may not sell medical records to someone other than a physician or osteopath licensed by the South Carolina State Board of Medical Examiners or a hospital licensed by the South Carolina Department of Health and Environmental Control. Exceptions to this prohibition may be granted and approved by the South Carolina State Board of Medical Examiners.
Before a physician may sell medical records, he must cause to be published a public notice of his intention to sell the records in a newspaper of general circulation in the area of his practice at least three times in the ninety days preceding the sale. The notice shall advise patients that they may retrieve their records if they prefer that their records not be included in the sale.
HISTORY: 1992 Act No. 480, Section 1.
Structure South Carolina Code of Laws
Chapter 115 - Physicians' Patient Records Act
Section 44-115-10. Short title.
Section 44-115-15. Medical records defined.
Section 44-115-20. Physician is owner of certain patient records.
Section 44-115-40. Physician not to release records without express written consent.
Section 44-115-60. Physician's release of summary or portion in lieu of full record.
Section 44-115-70. Records not to be withheld because of unpaid medical bills.
Section 44-115-80. Fees physician may charge for search and duplication of records.
Section 44-115-90. Fees for providing medical information other than copying existing documents.
Section 44-115-120. Length of time records must be kept; records pertaining to minors.
Section 44-115-130. Sale of medical records by physician restricted; notice of intent to sell.