South Carolina Code of Regulations › Chapter 81 - DEPARTMENT OF LABOR, LICENSING AND REGULATION STATE BOARD OF MEDICAL EXAMINERS › Article 1 - SAFEGUARDING PATIENT RECORDS › Section 81-1 - Safeguarding Patient Medical Records When a Physician Licensee is Incapacitated, Disappears, or Dies

Current through Register Vol. 48, No. 6, June 28, 2024
(A) Each
			 physician licensee actively practicing within the State of South Carolina shall
			 designate a partner, personal representative, or other responsible party to
			 assume responsibility for patient medical records in the case of incapacity,
			 death or disappearance of the licensee, including any circumstances whereby the
			 licensee is unable for any reason to provide continuity of care, appropriate
			 referral or patient medical records upon a valid request of the patient. Each
			 physician licensee must affirm that he or she has read and understands this
			 obligation upon application for initial licensure and application for renewal
			 of licensure.
(B) Where the
			 physician licensee is incapacitated, disappears, or dies, and no responsible
			 party is known to exist, the Administrator of the Board of Medical Examiners
			 may petition the President of the Board for an order appointing another
			 licensee or licensees to take custody of, inventory, and disperse the medical
			 records to patients or other authorized parties in accordance with the
			 Physician Patient Records Act and to take all other actions as appropriate to
			 protect the interests of the clients. The Order of Appointment shall be a
			 public document.
(C) The appointed
			 licensee shall:
(1) Take custody of and
			 safeguard the physician licensee's available and accessible medical
			 records;
(2) Notify each patient at
			 the patient's address shown in the file, by first class mail, of the patient's
			 right to obtain his or her medical records to which the patient is entitled and
			 the time and place at which the medical records may be obtained;
(3) Post a notice in a conspicuous location
			 at the impaired or unavailable licensee's last known business address advising
			 the time and place at which patient medical records may be obtained;
(4) Publish, in a newspaper of general
			 circulation in the county or counties in which the licensee resided or engaged
			 in any substantial practice, once a week for three consecutive weeks, and
			 notice of the discontinuance or interruption of the physician's practice. The
			 notice shall include the name and address of the licensee whose practice has
			 been discontinued or interrupted; the time, date and location where patients
			 may obtain their medical records; and the name, address and telephone number of
			 the appointed licensee. The notice shall also be mailed, by first class mail,
			 to any malpractice insurer or other entity having reason to be informed of the
			 discontinuance or interruption of the medical practice;
(5) Release to each patient the records to
			 which the patient is entitled unless release directly to the patient is
			 expressly prohibited by state or federal law. The appointed licensee shall
			 obtain a receipt from the patient for the medical records before releasing the
			 medical records. In the event the release of medical records directly to the
			 patient is prohibited by state or federal law, the appointed licensee may
			 release the records to an appropriate licensed healthcare provider, healthcare
			 facility or patient's representative upon receipt of authorization to release
			 from the patient, patient's representative or a court of law and shall obtain a
			 receipt from the receiving party prior to the release of the records;
(6) Perform any other acts directed in the
			 Order of Appointment; and
(7) The
			 appointed licensee may seek reimbursement for reasonable expenses incurred
			 pursuant to the discharge of duties imposed by the Order of Appointment from
			 the assets or estate of the incapacitated, unavailable or deceased physician
			 licensee.