What the statute says: S.C. Code § 44-22-100, titled "Confidentiality of records; exceptions; violations and penalties," makes records and information about an individual's mental health confidential and privileged to the patient. They may be disclosed only as the statute allows.
| Route to disclosure | What the statute allows |
|---|---|
| With consent | The patient, or the patient's guardian, may consent to disclosure |
| Without consent | Limited situations, such as cooperating with law enforcement or other state or federal agencies, furthering the welfare of the patient or the patient's family, carrying out the health code, or giving limited medical-condition information to the patient's family |
| Court order | Disclosure under a court order if the court finds it necessary for a proper administration of justice |
Why layering matters: HIPAA sets a federal floor (45 CFR Parts 160 and 164). A disclosure HIPAA permits may still be restricted by a stricter state rule, so check both. The statute also contains violation and penalty provisions; read the current text for the penalty.
Limits of this summary: We summarized the statute from secondary sources and could not open the official code text from our research environment. Which providers and settings the statute reaches depends on its scope within Title 44, Chapter 22, so confirm applicability to your program with counsel.
If your organization's HIPAA policy was adapted from a general medical practice template, confirm it's been reviewed specifically against South Carolina's mental health confidentiality statutes — a generic HIPAA policy alone is very likely incomplete for a behavioral health program operating in this state.
General information, not legal advice. Requirements change; confirm against the official source before you act, or ask us how this applies to your organization.