Legal References & Resources
Commonly Used SC Medical Record Legal References
Disclaimer: Posting of legislative and regulatory links and related announcements, notifications, manuals, rules, laws, standards and/or other publicly available guidance does NOT constitute legal advisement, recommendation, endorsement, guarantee, interpretation or responsibility in any part or manner by SCHIMA or their volunteers, associates or contributors. As always, please always consult organizational compliance and legal counsel, as well as confirm the information source status when interpreting standards/rules/regulations and making organizational decisions.
SC Code of Regulations Disclaimer SC Code of Laws Disclaimer
Our legal references are always a work in progress, and will continue to grow and evolve as our professional practice needs do the same. If you are searching for specific state or federal regulations, statutes, guidance, etc. OR wish to submit a specific regulatory reference, please e-mail us so that we may be of assistance OR share your resource!
South Carolina Code of Regulations
SC Code of Regulations, Chapter 61, Section 78, Part 800: DHEC Standards for Licensing Hospices – Patient Record Requirements
SC Code of Regulations, Chapter 61, Section 77, Part 9 (Section 900): DHEC Standards for Licensing Home Health Agencies – Patient Record Requirements
SC Code of Regulations, Chapter 61, Section 64, RHB 5.9: Medical Records and Mammography Reports
SC Code of Regulations, Chapter 61, Section 1100: Certification of Need for Healthcare Facilities – Medical Records
South Carolina Code of Laws
SC Code of Laws, Title 63, Chapter 15, Section 63-15-260: South Carolina Children’s Code – Child Custody and Visitation – Court-Ordered Child Custody – Equal Access to […] Records
SC Code of Laws, Title 63, Chapter 7, Section 63-7-380: South Carolina Children’s Code – Child Protection & Permanency – Release of Photos and X-Rays w/o Parental Consent; Release of Medical Records
SC Code of Laws, Title 63, Chapter 5, Section 63-5-30: South Carolina Children’s Code – Legal Status of Children – Parent-Child Relationship – Rights & Duties of Parents Re: Minor Children
SC Code of Laws, Title 63, Chapter 3, Section 63-3-830: SC Children’s Code – Family Court – Responsibilities of Guardian Ad Litem
SC Code of Laws, Title 44, Chapter 117: Prescription Information Privacy Act
SC Code of Laws, Title 44, Chapter 81, Section 44-81-40: Bill of Rights for Residents of Long-Term Care Facilities
SC Code of Laws, Title 44, Chapter 22, Section 44-22-110: Rights of Mental Health Patients – Access to Medical Records
SC Code of Laws, Title 44, Chapter 22, Section 44-22-100: Rights of Mental Health Patients – Confidentiality of Records
SC Code of Laws, Title 44, Chapter 115: Physicians’ Patient Records Act
SC Code of Laws, Title 42, Chapter 15, Section 42-15-95: Workers’ Compensation – Notice of Accident; Filing of Claims; Medical Attn & Exams – Release of Medical Records
SC Code of Laws, Title 40, Chapter 15, Sections 40-15-83 and 40-15-450: Professions and Occupations – Dentists, Dental Hygienists, and Dental Technicians – Patient Record Retention & Content
SC Code of Laws, Title 40, Chapter 47, Section 40-47-110: Professions and Occupations – Physicians & Misc Health Care Providers – Misconduct Constituting Grounds for Disciplinary Action
SC Code of Laws, Title 15, Chapter 32, Section 15-32-220: Civil Remedies and Procedures – Non-Economic Damage Awards – Damage Limits and Exceptions (Alteration/Destruction of Medical Records)
South Carolina Legislative Links
2015 SC Legislative Manual (96th Edition)
SC Legislative Information Tracking System (Track Bills Online)
SC Department of Health & Human Services
Federal Regulation Links
CFR 42(I)(A)(2): Confidentiality of Alcohol and Drug Abuse Patient Records
SAHMSA Guidance on Applying AOD Confidentiality Guidelines
HHS / Office for Civil Rights HIPAA Resource Center (Privacy, Security, EDI, etc.)
07-Jan-2016 OCR Guidance:
Individuals’ Right under HIPAA to Access their Health Information
CMS Regulations & Guidance (All Providers/Programs)
Office of the Inspector General (OIG) Home Page)