(A) A patient or the guardian of a patient has access to his medical records, and a person subject to a proceeding or receiving services pursuant to this chapter has complete access to his medical records relevant to this commitment if the access is allowed in the presence of professional mental health staff.
(B) Patients or guardians of patients may be refused access to:
(1) information in medical records provided by a third party under assurance that the information remains confidential;
(2) information in medical records if the attending physician determines in writing that the information is detrimental to the patient's treatment regimen. The determination must be placed in the patient's records and must be considered part of the restricted information.
(C) Patients and guardians denied access to medical records may appeal the refusal to the Director of the Department of Mental Health. The director of the residential program shall notify the patient or guardian of the right to appeal.
HISTORY: 1991 Act No. 127, Section 1; 1993 Act No. 181, Section 1082.
Structure South Carolina Code of Laws
Chapter 22 - Rights Of Mental Health Patients
Section 44-22-10. Definitions.
Section 44-22-20. Right to writ of habeas corpus.
Section 44-22-50. Treatment suited to needs; least restrictive care and treatment.
Section 44-22-80. Patients' rights.
Section 44-22-90. Communications with mental health professionals privileged; exceptions.
Section 44-22-100. Confidentiality of records; exceptions; violations and penalties.
Section 44-22-110. Access to medical records; appeal of denial of access.
Section 44-22-150. Restraint; seclusion; physical coercion.
Section 44-22-170. Education of school-aged residents.
Section 44-22-180. Exercise and exercise facilities; right to go outdoors.
Section 44-22-190. Finding employment for mentally disabled citizens.
Section 44-22-210. Temporary leaves of absence.
Section 44-22-220. Grievances concerning patient rights; penalties for denial of patient rights.