(A) All reports and records made pursuant to this article and maintained by the system, any agency, hospital, institution, other facility, or person pursuant to this article are confidential and may not be disclosed under the Freedom of Information Act. Information must not be released except to:
(1) appropriate staff of the system;
(2) submitting hospitals or their designees;
(3) a person engaged in a research project approved pursuant to Section 44-38-50 except that no information identifying a subject of a report or a reporter may be made available to a researcher unless consent is obtained pursuant to this section;
(4) a member of the council except that no information identifying a subject of a report or a reporter may be made to the council unless consent is obtained pursuant to this section.
(B) The identity of a patient, physician, or hospital is confidential and may not be released, except that the identity of a patient may be released upon informed written consent of the patient, or the patient's legal guardian or legal representative; the identity of a physician may be released upon written consent of the physician; and the identity of a hospital may be released upon written consent of the hospital.
HISTORY: 1992 Act No. 457, Section 1; 1993 Act No. 159, Section 4.
Structure South Carolina Code of Laws
Chapter 38 - Head And Spinal Cord Injuries
Section 44-38-10. Head and Spinal Cord Injury Information System created; purpose.
Section 44-38-20. Definitions.
Section 44-38-40. Duties of council.
Section 44-38-70. Council to submit annual report.
Section 44-38-90. Penalty for intentional noncompliance with article.
Section 44-38-310. Service Delivery System established.
Section 44-38-320. Definitions.
Section 44-38-330. Primary functions of system.
Section 44-38-340. Duties of department.
Section 44-38-370. Eligibility criteria for case management services.
Section 44-38-380. Advisory Council to System.
Section 44-38-390. Article does not establish entitlement program or benefit.
Section 44-38-510. Spinal Cord Injury Research Board.
Section 44-38-610. South Carolina Brain Injury Leadership Council.
Section 44-38-620. Duties of the council.
Section 44-38-630. Membership of council; officers of council; compensation.