Phone: (803) 896-4500 Sheridon Spoon April Koon Alex Imgrund
Advice Counsel to the Board
providing legal advice to all Boards, Commissions
and Panels, as well as their administrative staff.
These attorneys do not provide legal advice to
parties outside LLR.
Phone: (803) 896-4500
Approved by the Board: May 20-21, 1996 Board meeting
Service Area: Administration
Subject: Transfer of patient records to corporations with prior approval
S.C. Code § 44-115-130 requires the Board's approval for a physician to transfer the ownership of his records to any person or entity other than "a physician or osteopath licensed by the South Carolina State Board of Medical Examiners, or a hospital licensed by the South Carolina Department of Health and Environmental Control." Requests for such an exception that are received by the Board office are presented to the Board for its review at its next quarterly meeting. Over a period of time, some corporations may purchase the medical records of more than one physician and may have more than one request. This procedure results in some requested transfers being delayed for as much as four (4) months, depending upon the date of the request and the date of the next Board meeting. At its May 20-21, 1996 meeting, the Board voted to grant the Board Administrator the authority to approve transfers of patient records to corporations with prior approval and to make the decision if it should or should not be approved.
When a request for an exception to S.C. Code §44-115-130 is received in the Board office, the Administrative Assistant to the Board Administrator shall determine the type of request. If it is a first time request, the Administrative Assistant shall place the request on the agenda for the next quarterly Board meeting. If it is a request from a corporation that has been formerly approved by the Board for the purchase of another physician's medical records, then the request shall be given to the Board Administrator for approval or denial.