Current Status Bill Number:
40Ratification Number: 114Act Number: 60Type of Legislation: General Bill GBIntroducing Body: SenateIntroduced Date: 19970114Primary Sponsor: J. Verne SmithAll Sponsors: J. Verne Smith, Wilson and GieseDrafted Document Number: council\legis\bills\bbm\10976ac.97Date Bill Passed both Bodies: 19970521Date of Last Amendment: 19970417Governor's Action: SDate of Governor's Action: 19970610Subject: Emotionally disturbed children, Continuum of Care, confidential records; Minors, Disabilities and Special Needs
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ ------ 19970630 Act No. A60 ------ 19970610 Signed by Governor ------ 19970604 Ratified R114 House 19970521 Read third time, enrolled for ratification House 19970520 Read second time House 19970514 Committee report: Favorable 25 HJ House 19970423 Introduced, read first time, 25 HJ referred to Committee Senate 19970422 Read third time, sent to House Senate 19970417 Read second time Senate 19970417 Committee amendment adopted Senate 19970416 Committee report: Favorable with 11 SJ amendment Senate 19970114 Introduced, read first time, 11 SJ referred to CommitteeView additional legislative information at the LPITS web site.
(A60, R114, S40)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-5655 SO AS TO PROVIDE FOR THE CONFIDENTIALITY OF RECORDS OF CLIENTS AND POTENTIAL CLIENTS OF THE CONTINUUM OF CARE FOR EMOTIONALLY DISTURBED CHILDREN DIVISION, OFFICE OF THE GOVERNOR, AND TO PROVIDE EXCEPTIONS AND PENALTIES; AND TO REPEAL SECTION 20-7-5630 RELATING TO THE ADVISORY COUNCIL TO THE CONTINUUM OF CARE DIVISION.
Be it enacted by the General Assembly of the State of South Carolina:
Confidentiality of records
SECTION 1. The 1976 Code is amended by adding:
"Section 20-7-5655. (A) Records, reports, applications, and files kept on any client or potential client of the Continuum of Care are confidential and only may be disclosed in order to develop or provide appropriate services for the client or potential client unless:
(1) the client or potential client or his guardian consents;
(2) a court orders the disclosure for conduct of proceedings before it upon a showing that disclosure is in the public interest;
(3) disclosure is necessary for research conducted or authorized by the Continuum of Care; or
(4) disclosure is necessary to any entity or state agency providing or potentially providing services to the client or potential client.
(B) Nothing in this section:
(1) precludes disclosure, upon proper inquiry, of information as to a client's or potential client's current condition to members of his family; or
(2) requires the release of records of which disclosure is prohibited or regulated by federal law.
(C) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than one year, or both."
SECTION 2. Section 20-7-5630 of the 1976 Code is repealed.
SECTION 3. This act takes effect upon approval by the Governor.
Approved the 10th day of June, 1997.