S.C. Code Ann. § 44-22-100 - Confidentiality of records; exceptions; violations and penalties

Substance abuse treatment records are confidential and privileged to the patient, and may only be disclosed according to the statute. Mental health and substance abuse treatment records are governed by the same statute.

Disclosure With Consent

Substance abuse treatment information may be disclosed with the consent of the client or the client’s guardian. The statute does not elaborate on consent procedures.

Disclosure Without Consent

Substance abuse treatment information may be disclosed for research purposes, provided that either the patient consented to the disclosure or the Department of Alcohol and Other Drug Abuse Services authorized the research. Further, confidential treatment information may be disclosed as “necessary to cooperate with law enforcement, health, welfare, and other state or federal agencies or when furthering the welfare of the patient or his family.” Finally, confidential information may be disclosed as necessary to carry out certain provisions of South Carolina’s Health Code.

Disclosure Pursuant to Court Order

Substance abuse treatment information may be disclosed pursuant to court order if the court finds, after conducting a proceeding, that the disclosure is necessary, and failure to make the disclosure would be contrary to the public interest.