S.C. Code Regs. § § 61-64.XI.RHB 11.9

Current through Register Vol. 48, 12, December 27, 2024
Section 61-64.XI.RHB 11.9 - Right to Inspect and Investigate

The Department of Health and Environmental Control is the state agency responsible for the control and regulation of radiation sources. Section 13-7-40(A), S.C. Code of Laws (1976, as amended). By statute, the Department is authorized to enter, at all reasonable times, private or public property for the purpose of determining whether or not there is compliance with or violation of the provisions of its regulations. Section 13-7-40(A), S.C. Code of Laws (1976, as amended). Because the Department is authorized by law to enter and inspect property in order to determine compliance with Department regulations, such entry and inspection falls under the health oversight activities exception of Health Insurance Portability and Accountability Act (HIPAA). Therefore, where protected health information is necessary for determining compliance with Department regulations, protected health information may be used and disclosed to the Department without the subject's authorization under HIPAA.

S.C. Code Regs. § 61-64.XI.RHB 11.9

Added by State Register Volume 47, Issue No. 05, eff. 5/26/2023.