S.C. Code Regs. § § 61-112.4

Current through Register Vol. 48, 12, December 27, 2024

Section 61-112.4 - Personal and public health information

A. Medical Information

i. Upon declaration of a state of Public Health Emergency DHEC may by order amend the Official List of Reportable Conditions to include specific diseases or diagnostic criteria. DHEC may designate whether such reports are "Report Immediately" or "Urgently Reportable" and may provide telephone hot line numbers, electronic notification (email) addresses or other means of reporting as may be appropriate.

ii. Before declaration of a state of Public Health Emergency DHEC may by order amend the Official List of Reportable Conditions to include specific diseases or diagnostic criteria. DHEC may designate whether such reports are "Report Immediately" or "Urgently Reportable" and may provide telephone hot line numbers, electronic notification (email) addresses or other means of reporting as may be appropriate. Within twenty four hours of such order DHEC will provide the Governor and the Public Health Emergency Plan Committee with information upon which such order was based.

B. Non-Medical Information

If the Commissioner determines that individuals who have been in certain facilities, or at specific events, or in contact with certain individuals, objects, animals, or categories of individuals, have been or may have been exposed to contaminants or communicable diseases, he may by order require reports to be submitted to DHEC, which may include but not be limited to: passenger manifests; attendance rosters; lists of patrons of events, activities, or venues; and the like. The order shall include as much specificity as is reasonably available to limit the scope of the report.

C. Use and safeguarding

i. In order to investigate the causes and spread of communicable or epidemic disease, to prevent or control the spread of contamination or infectious diseases, and to protect the public health, the Commissioner may by order require collection of contact tracing information from individuals who have or may have been exposed to contaminants, infectious agents, or communicable diseases. To the extent that such information may be Protected Health Information, individuals carrying out such orders and collecting contact tracing information shall be deemed to be acting in accordance with the authority of Code Sections 44-1-80 and 44-4-560 for purposes of having access to such information.

ii. Other than in accordance with subsection (i) above, access to DHEC records containing protected health information of persons who have participated in medical testing, treatment, vaccination, isolation, or quarantine programs or efforts by DHEC during a public health emergency is limited to those persons having a legitimate need to provide treatment to the individual who is the subject of the health information; or to conduct epidemiological research; or to investigate the causes of transmission.

iii. Pursuant to Code Section 44-4-560(B)(3), protected health information otherwise exempt from disclosure by Section 44-4-560(A) may be included in petitions and other court documents required pursuant to Section 44-4-540.

iv. Pursuant to Code Section 44-4-560(B)(3) and (B)(5), DHEC may seek an ex parte court order for permission to disclose otherwise protected health information if necessary to locate individuals to limit the spread of contagion or to offer medical treatment. DHEC will include with the John Doe petition for such order a sealed affidavit stating with particularity the basis for believing that location of the specific individuals is necessary to protect the public health or the health of the individual and why disclosure of the identity or the protected health information is necessary.

S.C. Code Regs. § 61-112.4