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S.C. Ann. Code § 44-22-100 - Confidentiality of records; exceptions; violations and penalties

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Records and information relating to the mental health of an individual are confidential and privileged to the patient, and may only be disclosed in accordance with the statute.
Disclosure With Consent:
A patient, or a patient’s guardian, may consent to the disclosure of information relating to their mental health.
Disclosure Without Consent:
Mental health information may be disclosed without a patient’s consent under the following circumstances:
·         The department requires the disclosure for research purposes, and the patient consents
·         “Disclosure is necessary to cooperate with law enforcement, health, welfare, and other state or federal agencies, or when furthering the welfare of the patient or the patient's family”
·         Disclosure is necessary to carry out the provisions of the health code
·         Limited information regarding the patient’s medical condition may be disclosed to the patient’s family or the Governor’s Office
Disclosure Pursuant to Court Order:
Confidential information may be disclosed pursuant to a court order, provided that the court determines that the disclosure is necessary for a proceeding before it, and that failure to disclose the information contravenes the public interest.
A person who violates the statute is guilty of a misdemeanor, and may be fined up to $500 and imprisoned up to a year.

Current as of June 2015