(A) Access to protected health information of persons who have participated in medical testing, treatment, vaccination, isolation, or quarantine programs or efforts by DHEC during a public health emergency is limited to those persons having a legitimate need to:
(1) provide treatment to the individual who is the subject of the health information;
(2) conduct epidemiological research; or
(3) investigate the causes of transmission.
(B) Protected health information held by DHEC must not be disclosed to others without individual specific informed authorization except for disclosures made:
(1) directly to the individual;
(2) to the individual's immediate family members or life partners;
(3) to appropriate state or federal agencies or authorities when necessary to protect public health;
(4) to health care personnel where needed to protect the health or life of the individual who is the subject of the information;
(5) pursuant to a court order or executive order of the Governor to avert a clear danger to an individual or the public health; or
(6) to coroners, medical examiners, or funeral directors or others dealing with human remains to identify a deceased individual or determine the manner or cause of death.
HISTORY: 2002 Act No. 339, Section 24, eff July 2, 2002.
Structure South Carolina Code of Laws
Chapter 4 - Emergency Health Powers
Section 44-4-100. Short title.
Section 44-4-110. Legislative findings and intent.
Section 44-4-130. Definitions.
Section 44-4-300. Powers over dangerous facilities and materials.
Section 44-4-310. Use of health care facility or services in response to public health emergency.
Section 44-4-320. Powers and duties regarding safe disposal of human remains.
Section 44-4-340. Destruction of property; civil proceedings.
Section 44-4-500. Control and treatment of infectious disease.
Section 44-4-520. Vaccinations and treatment.
Section 44-4-530. Isolation and quarantine of individuals or groups; penalty for noncompliance.
Section 44-4-540. Isolation and quarantine procedures; order to show cause for not releasing.
Section 44-4-550. Specimen collection and testing.
Section 44-4-560. Access to protected health information; disclosure.