Current Status Introducing Body:Senate Bill Number:1384 Primary Sponsor:Macaulay Committee Number:13 Type of Legislation:GB Subject:Physicians' Patient Records Act Residing Body:Senate Current Committee:Medical Affairs Companion Bill Number:4510 Computer Document Number:JIC/6137.HC Introduced Date:Mar 11, 1992 Last History Body:Senate Last History Date:Mar 11, 1992 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Macaulay Giese Rose Martschink Passailaigue Thomas Courtney Bryan Lourie Setzler Robert W. Hayes Jr. Russell J. Verne Smith Stilwell Reese Courson Drummond Pope Fielding Mitchell Mullinax Shealy McConnell Leventis Type of Legislation:General Bill
Bill Body Date Action Description CMN
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1384 Senate Mar 11, 1992 Introduced, read first time, 13
referred to Committee
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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 115 IN TITLE 44, RELATING TO HEALTH, SO AS TO ENACT THE PHYSICIANS' PATIENT RECORDS ACT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Title 44 of the 1976 Code is amended by adding:
Section 44-115-10. This chapter may be cited as the Physicians' Patient Records Act.
Section 44-115-20. The physician is the owner of medical records in his possession that were made in treating a patient and of records transferred to him concerning prior treatment of the patient.
Section 44-115-30. A patient or his legal representative has a right to receive a copy of his medical record, or have the record transferred to another physician, upon request, when accompanied by a written authorization from the patient or his representative to release the record.
Section 44-115-40. Except as otherwise provided by law, a physician shall not honor a request for the release of copies of medical records without the receipt of express written consent of the patient or person authorized by law to act on behalf of the patient.
Except as otherwise provided by law, a physician shall not honor a written authorization for the release of copies of the record where the authorization does not specify with reasonable certainty the purpose for which the information is sought or specific dates or instances of treatment.
Section 44-115-50. Except as otherwise provided by law, a physician may refuse to release a copy of the entire medical record and may furnish instead a summary or portion of the record when he has a reasonable belief that release of the information contained in the entire record would cause harm to the patient's emotional or physical well-being, the emotional or physical well-being of another person who has given information about the patient to the physician, or where release of the information is otherwise prohibited by law. An unreasonable refusal to release the entire medical record constitutes unprofessional conduct and subjects the physician to disciplinary action of the South Carolina State Board of Medical Examiners.
Section 44-115-60. Medical records may not be withheld because of an unpaid bill for medical services.
Section 44-115-70. A physician may charge a reasonable fee for making copies or summaries of existing medical records.
Section 44-115-80. When a request for medical information involves more than making copies of existing documents, a physician may charge reasonable fees for providing this service that are exclusive of those fees charged for copying the medical record.
Section 44-115-90. Payment for all services related to medical record requests is a just debt, due and payable at the time service is rendered. A physician may require payment in advance for a copy of the record.
Section 44-115-100. Physicians shall retain their records for at least ten years for adult patients and at least thirteen years for minors. These minimum recordkeeping periods begin to run from the last date of treatment. After these minimum recordkeeping periods, the records may be destroyed.
Section 44-115-110. A physician may not sell medical records to someone other than a physician or osteopath licensed by the South Carolina State Board of Medical Examiners or a hospital licensed by the South Carolina Department of Health and Environmental Control. Exceptions to this prohibition may be granted and approved by the South Carolina State Board of Medical Examiners.
Section 44-115-120. A physician who in good faith releases medical records to a party pursuant to a written authorization from the patient or the patient's representative is immune from civil or criminal liability alleged to be caused by the physician's compliance with the request to release the information. The physician is not subject to disciplinary action for an alleged violation of law due to compliance with the request to release information.
Section 44-115-130. This chapter does not apply to or invalidate any other provision of law concerning medical records or the authority of a licensing or disciplinary board of this State to obtain these records as provided by law."
SECTION 2. This act takes effect upon approval by the Governor.