South Carolina Code 44-26-120. Access to medical and habilitative records; grounds for denial of access; appeal of denial of access; disclosure form
(B) A client or his representative may be refused access to information in the medical and habilitative records if:
Terms Used In South Carolina Code 44-26-120
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Client: means a person who is determined by the South Carolina Department of Disabilities and Special Needs to have intellectual disability or a related disability and is receiving services or is an infant at risk of having intellectual disability or a related disability and is receiving services. See South Carolina Code 44-26-10
- Department: means the South Carolina Department of Disabilities and Special Needs. See South Carolina Code 44-26-10
- Director: means the South Carolina Director of Disabilities and Special Needs. See South Carolina Code 44-26-10
- Habilitation: means the attempt to remedy the delayed learning process to develop maximum growth potential by the acquisition of self-help, language, personal, social, educational, vocational, and recreational skills. See South Carolina Code 44-26-10
(1) provided by a third party under assurance that the information remains confidential;
(2) the attending physician has determined in writing that the information would be detrimental to the client’s habilitation regimen. The determination must be placed in the client’s records and is considered part of restricted information.
(C) A client or his representative refused access to medical or habilitative records may appeal the refusal to the department director. The director of the residential program shall notify the client or his representative of the right to appeal.
(D) Persons granted access to client records shall sign a disclosure form. Disclosure forms are considered part of a client’s confidential record.