Confidentiality of communications with, and records of clients; disclosure

(A) Communications between clients and intellectual disability professionals, including general physicians, psychiatrists, psychologists, nurses, social workers, members of interdisciplinary teams, or other staff members employed in a client-therapist capacity or an employee under supervision of them are considered confidential. Certificates, applications, records, and reports made for the purpose of this chapter that directly or indirectly identify a client, as well as privileged communications, must be kept confidential and must not be disclosed by a person unless: (1) the identified client or his representative consents; (2) a court directs disclosure upon its determination that disclosure is necessary for the conduct of proceedings before it and that failure to make the disclosure is contrary to the public interest; (3) disclosure is required for research conducted or authorized by the Office of Intellectual and Developmental Disabilities; (4) disclosure is necessary to cooperate with law enforcement, health, welfare, and other state agencies, schools, and county entities; (5) disclosure is necessary to carry out this chapter. (B) Nothing in this section precludes disclosure: (1) upon proper inquiry, of information as to a client's current medical condition, to appropriate next of kin; (2) if the information is used in an educational or informational capacity if the identity of the client is concealed; (3) of information to the Governor's ombudsman office or the South Carolina Protection and Advocacy System for the Handicapped, Inc., as consistent with state law.