South Carolina Medical Tourism: Patient Travel & Records Privacy Laws Checklist

Patient Access to Medical Records

If you plan to receive care in South Carolina—or you’re returning home and need records for follow‑up—state law gives you firm rights to get and move your information. You can request copies of your medical records or direct that they be transferred to another physician by submitting a written authorization signed by you or your legal representative. If the record is already stored electronically and the provider can produce it without added cost, you may receive it in electronic format. ([law.justia.com](https://law.justia.com/codes/south-carolina/title-44/chapter-115/section-44-115-30/))

• Make the request early—before you travel—so your care team has your history on arrival.
• Ask specifically for an electronic copy if your records are in an EHR; it speeds care coordination. ([law.justia.com](https://law.justia.com/codes/south-carolina/title-44/chapter-115/section-44-115-30/))
• Hospitals and other licensed facilities generally must fulfill requests within 45 days of discharge or 45 days after receiving your request, whichever is later. ([dph.sc.gov](https://dph.sc.gov/sites/scdph/files/2025-09/Annual-Adjustment-to-the-Fee-for-Search-and-Duplication-of-a-Medical-Record-2026.pdf))
• Providers cannot refuse to release your records because you owe a medical bill. ([law.justia.com](https://law.justia.com/codes/south-carolina/title-44/chapter-115/section-44-115-70/))

Tip for travelers: if you’re engaging a care concierge or international facilitator, provide a facility‑specific authorization to avoid delays caused by differing forms.

Record Retention Period

Knowing how long records are kept helps you time requests correctly—especially if you return months later for follow‑up care.

• Physicians must keep adult patient records for at least 10 years from the last date of treatment; records for minors must be retained for at least 13 years from the last treatment date. ([law.justia.com](https://law.justia.com/codes/south-carolina/title-44/chapter-115/section-44-115-120/))
• Licensed facilities have separate licensure rules; many require at least 6 years of retention after discharge and specify rapid retrieval and confidentiality controls for stored charts. If you were treated in an outpatient facility and transferred to an emergency department, a transfer summary must accompany you or be sent immediately afterward. ([scstatehouse.gov](https://www.scstatehouse.gov/coderegs/Chapter%2060.pdf))

Action item: if you completed treatment years ago, verify whether the treating entity is a physician practice or a licensed facility and request promptly if you’re near these time limits.

Sale of Medical Records

South Carolina tightly restricts the sale of medical records. A physician may not sell records to anyone other than a physician or osteopath licensed by the South Carolina State Board of Medical Examiners or a hospital licensed by the state, unless an exception is approved by the Board. Before any sale, the physician must publish public notice of the intended sale at least three times in the 90 days before the sale so patients can retrieve their files. ([law.justia.com](https://law.justia.com/codes/south-carolina/title-44/chapter-115/section-44-115-130/))

What this means for you: if a practice changes hands while you’re traveling, you should still be able to claim or direct your chart—and you must be given a clear opportunity to do so. ([law.justia.com](https://law.justia.com/codes/south-carolina/title-44/chapter-115/section-44-115-130/))

Fees for Medical Records

South Carolina caps what providers may charge and updates those caps annually. For physicians, state law sets maximum per‑page rates and a clerical “search and handling” fee, with no charge when your provider refers you for continuation of care. The Department of Public Health (DPH) adjusts all caps each July 1 using the CPI‑U (South Region). ([law.justia.com](https://law.justia.com/codes/south-carolina/title-44/chapter-115/section-44-115-80/))

2025–2026 adjusted maximums (effective July 1, 2025 through June 30, 2026)

• Electronic copies: up to $0.87 per page (first 30 pages), then $0.66 per page; clerical fee cap $33.73; total not to exceed $197.97 per request (plus postage and sales tax). ([dph.sc.gov](https://dph.sc.gov/sites/scdph/files/2025-09/Annual-Adjustment-to-the-Fee-for-Search-and-Duplication-of-a-Medical-Record-2026.pdf))
• Printed copies: up to $0.87 per page (first 30 pages), then $0.66 per page; clerical fee cap $33.73; total not to exceed $263.95 per admission (plus postage and sales tax). ([dph.sc.gov](https://dph.sc.gov/sites/scdph/files/2025-09/Annual-Adjustment-to-the-Fee-for-Search-and-Duplication-of-a-Medical-Record-2026.pdf))
• No charge when records are sent to another provider at the patient’s request for continuation of treatment; X‑rays may be billed at actual reproduction cost. ([law.justia.com](https://law.justia.com/codes/south-carolina/title-44/chapter-115/section-44-115-80/))

Important: DPH reminds providers that HIPAA requires “reasonable, cost‑based” fees for patient access and may limit charges below state maxima; always ask for the patient rate. ([dph.sc.gov](https://dph.sc.gov/sites/scdph/files/2025-09/Annual-Adjustment-to-the-Fee-for-Search-and-Duplication-of-a-Medical-Record-2026.pdf))

Confidentiality of Patient Records

South Carolina’s medical record confidentiality statutes require express written consent to release records unless another law permits or requires disclosure. In limited situations (for example, when releasing the entire chart would foreseeably harm the patient or another person), a physician may provide a summary or portion instead—though unreasonable refusals are professional misconduct, and certain requests (such as those from a licensed attorney with a valid authorization for an injury or insurance claim) cannot be refused. ([law.justia.com](https://law.justia.com/codes/south-carolina/title-44/chapter-115/section-44-115-40/))

• Plan ahead: specify the exact date range and types of documents you want released (or transferred) to avoid over‑ or under‑disclosure.
• Sensitive categories (e.g., mental health, HIV/STD) may have additional consent requirements under state and federal law—confirm these before traveling.

Record Maintenance and Security

For safe cross‑border coordination, insist on secure handling. Under the South Carolina State Board of Medical Examiners regulation on safeguarding records, every actively practicing physician must designate a responsible party to assume custody of patient charts if the physician becomes incapacitated, disappears, or dies. The regulation details patient notification, public notice, and how records are released to you or your next provider. ([scstatehouse.gov](https://www.scstatehouse.gov/query.php?category=CODEOFREGS&conid=8116587&keyval=119402&numrows=10&result_pos=0&search=DOC&searchtext=patient+records))

• Ask how your provider secures electronic and paper charts (administrative, physical, and technical safeguards) and whether they can transmit via encrypted channels.
• Confirm who the designated custodian is for continuity of care in edge cases like office closure or relocation. ([scstatehouse.gov](https://www.scstatehouse.gov/query.php?category=CODEOFREGS&conid=8116587&keyval=119402&numrows=10&result_pos=0&search=DOC&searchtext=patient+records))
• Remember: physicians own the medical records they create, but you control access through your authorizations and statutory rights. ([law.justia.com](https://law.justia.com/codes/south-carolina/title-44/chapter-115/section-44-115-20/))

Transfer of Medical Records

When you move between providers or care settings, you can direct your record to be sent to the new physician, including in electronic form when the provider can produce it without extra cost. For licensed facilities, South Carolina rules require a transfer summary—diagnosis, care and procedures provided, and medication administration record—to accompany you during an emergency transfer or be forwarded immediately afterward. If a physician is suddenly unable to practice, the Board can appoint a custodian to inventory and disperse records so you can obtain them. ([law.justia.com](https://law.justia.com/codes/south-carolina/title-44/chapter-115/section-44-115-30/))

• Before you fly: give your sending provider the receiving provider’s contact details and your signed authorization.
• Request a concise transfer summary and medication list; this speeds intake and reduces duplicate testing. ([scstatehouse.gov](https://www.scstatehouse.gov/coderegs/Chapter%2060.pdf))
• Keep your own digital copy of critical results (imaging reports, operative notes, discharge summaries) as a travel backup.

Conclusion

South Carolina’s medical record confidentiality statutes, record retention mandates, and medical records fee regulations are designed to protect privacy while keeping your care portable—key for medical tourism. Use written authorizations, request electronic delivery when available, note the retention timelines, and confirm fees against the latest DPH schedule. With these steps, you can move safely and efficiently between providers without losing continuity of care. ([law.justia.com](https://law.justia.com/codes/south-carolina/title-44/chapter-115/section-44-115-30/))

FAQs.

What are the patient rights for accessing medical records in South Carolina?

You have the right to obtain a copy of your medical record or have it sent to another physician by submitting a written authorization. If the record exists electronically and can be produced without added cost, you may request an electronic copy. Facilities generally must respond within 45 days of discharge or request receipt. Records cannot be withheld for nonpayment. ([law.justia.com](https://law.justia.com/codes/south-carolina/title-44/chapter-115/section-44-115-30/))

How long must medical records be retained for minors and adults?

Physicians must keep adult records for at least 10 years and minor records for at least 13 years, measured from the last date of treatment. Licensed facilities follow their own licensure standards; many require a minimum of 6 years after discharge. ([law.justia.com](https://law.justia.com/codes/south-carolina/title-44/chapter-115/section-44-115-120/))

Are there restrictions on selling medical records in South Carolina?

Yes. A physician may not sell records except to another physician licensed by the South Carolina State Board of Medical Examiners or to a state‑licensed hospital, unless the Board approves an exception. The physician must also publish notice of intent to sell at least three times in the 90 days before the sale so patients can retrieve their records. ([law.justia.com](https://law.justia.com/codes/south-carolina/title-44/chapter-115/section-44-115-130/))

What fees can physicians charge for copying medical records?

State law sets maximum per‑page rates and a clerical fee, which DPH adjusts annually using the CPI‑U (South Region). For July 1, 2025–June 30, 2026, the maxima are $0.87 (first 30 pages) and $0.66 (each additional page) with a $33.73 clerical cap; totals are capped at $197.97 (electronic) or $263.95 (paper per admission). No fee may be charged when records are sent for continuation of treatment at the patient’s request; X‑rays may be billed at actual reproduction cost. HIPAA may require lower, cost‑based charges for patient access. ([dph.sc.gov](https://dph.sc.gov/sites/scdph/files/2025-09/Annual-Adjustment-to-the-Fee-for-Search-and-Duplication-of-a-Medical-Record-2026.pdf))