Current Status Bill Number:471 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19950208 Primary Sponsor:Hayes All Sponsors:Hayes Drafted Document Number:PFM\7142BDW.95 Residing Body:Senate Current Committee:Medical Affairs Committee 13 SMA Subject:Mental health records, access to
Body Date Action Description Com Leg Involved
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Senate 19950208 Introduced, read first time, 13 SMA
referred to Committee
View additional legislative information at the LPITS web site.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-17-910 SO AS TO PROVIDE ACCESS TO MENTAL HEALTH RECORDS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 44-17-910. (A) A person who has received or is receiving mental health services in this State or the guardian of a person who has received or is receiving mental health services in this State shall have access to his mental health records if the access is allowed in the presence of professional mental health staff.
(B) The recipient of mental health services or his guardian may be denied access to information in mental health records:
(1) provided by a third party under assurance that the information remains confidential;
(2) if the attending physician determines in writing that the information is detrimental to the person's treatment regimen. The determination must be placed in the person's records and must be considered part of the restricted information."
SECTION 2. This act takes effect upon approval by the Governor.