Except as otherwise provided by law, a physician may refuse to release a copy of the entire medical record and may furnish instead a summary or portion of the record when he has a reasonable belief that release of the information contained in the entire record would cause harm to the patient's emotional or physical well-being, the emotional or physical well-being of another person who has given information about the patient to the physician, or where release of the information is otherwise prohibited by law. An unreasonable refusal to release the entire medical record constitutes unprofessional conduct and subjects the physician to disciplinary action of the South Carolina State Board of Medical Examiners.
However, notwithstanding the provisions of this section, a physician may not refuse to release the entire record or a portion of the record if the information is requested by a licensed attorney representing the patient, when the request is accompanied by a written authorization signed by the patient, the patient's legal guardian, or the patient's personal representative, for any reason, a licensed attorney representing the patient, or by an insurance company with reference to an application for life or health insurance or the payment and adjudication of claims relating to life and health insurance or if the information is requested with reference to the payment or adjudication of personal injury claims.
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.