South Carolina Code of Regulations
Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL
Subchapter 61-103 - Residential Treatment Facilities for Children and Adolescents
Sec2 61-103.700 - RESIDENT RECORDS
Section 61-103.700.705 - Record Maintenance

A. The licensee shall provide accommodations, space, supplies, and equipment adequate for the protection and storage of resident records.

B. When a resident is transferred from one facility to another, a transfer summary to include, at a minimum, copies of the most recent physical examination, the two-step tuberculosis test, the ITP and medication administration record (MAR), shall be forwarded to the receiving facility at the time of transfer or immediately after the transfer if the transfer is of an emergency nature. The transfer summary shall include the date sent and the signature of the transferring facility staff member. (I)

C. The resident record is confidential and shall be made available only to individuals authorized by the facility and/or the South Carolina Code of Laws. (II)

D. Records generated by organizations and/or individuals contracted by the facility for care or services shall be maintained by the facility that has admitted the resident.

E. The facility shall determine the medium in which information is stored.

F. Upon discharge of a resident, the record shall be completed within thirty (30) days, and filed in an inactive or closed file maintained by the licensee. Prior to the closing of a facility for any reason, the licensee shall arrange for preservation of records to ensure compliance with these regulations. The licensee shall notify the Department, in writing, describing these arrangements and the location of the records.

G. Records of residents shall be maintained for at least six (6) years following the discharge of the resident. Other regulation-required documents, for example, fire drills and activity schedules, shall be retained at least twelve (12) months or since the most recent Department general inspection, whichever is the longer period.

H. Records of minors shall be retained until after the expiration of the period of election following achievement of majority as prescribed by statute.

I. Records of current residents are the property of the facility and shall be maintained at the facility and shall not be removed without court order.

EXCEPTION: When a resident moves from one licensed facility to another within the same provider network, meaning the same licensee, the original record may follow the resident; the sending facility shall maintain documentation of the resident's transfer or discharge date and identification information. In the event of change of ownership of the facility, all active resident records or copies of active resident records shall be transferred to the new owner(s).