Bill 40

                    Current Status

Bill Number:                    40
Ratification Number:            114
Act Number:                     60
Type of Legislation:            General Bill GB
Introducing Body:               Senate
Introduced Date:                19970114
Primary Sponsor:                J. Verne Smith
All Sponsors:                   J. Verne Smith, Wilson and
                                Giese
Drafted Document Number:        council\legis\bills\bbm\10976ac.97
Date Bill Passed both Bodies:   19970521
Date of Last Amendment:         19970417
Governor's Action:              S
Date of Governor's Action:      19970610
Subject:                        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 Committee

(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."

Repeal

SECTION 2. Section 20-7-5630 of the 1976 Code is repealed.

Time effective

SECTION 3. This act takes effect upon approval by the Governor.

Approved the 10th day of June, 1997.