What Are the Legal Rights of People in Rehab? | Myrtle Beach Recovery
Entering rehab can feel overwhelming, especially if you’re unsure about your rights while in treatment. Many people worry about privacy, employment, medical decisions, or whether they can leave a program once they’ve started. Understanding your legal rights allows you to focus on recovery instead of uncertainty. In this blog, we will go over the rights you have when you join a rehab in South Carolina.
If you or a loved one could benefit from 12 Steps to Recovery, contact Myrtle Beach Recovery to learn about our comfortable residential setting.
What Laws Protect You in South Carolina When You Need Addiction Treatment?
In South Carolina, individuals in or having completed rehab are protected from discrimination through federal mandates and the South Carolina Human Affairs Law (SCHAL).
- Americans with Disabilities Act (ADA): Protects individuals who have a record of addiction or are currently in a supervised rehab program, provided they are no longer engaging in the illegal use of drugs.
- SC Human Affairs Law (SCHAL): The state-level equivalent to the ADA, enforced by the SC Human Affairs Commission, which prohibits employers with 15 or more employees from discriminating against qualified individuals with disabilities.
- Family and Medical Leave Act (FMLA): May allow eligible employees to take up to 12 weeks of unpaid leave specifically for substance abuse treatment.
Do people in rehab in South Carolina have the right to privacy?
Yes. In South Carolina, rehab facilities must follow strict federal confidentiality laws that protect substance use treatment records. When you join a rehab, your medical information and treatment cannot be shared with anyone without your written consent, especially in emergencies or valid court orders. This goes as far as to protect you from employers, family members, and other physicians discovering things about your treatment that you don’t want them to know.
Can someone be forced to stay in rehab in South Carolina?
Most rehab programs in South Carolina are voluntary, meaning individuals generally have the right to leave treatment. However, there are exceptions. These usually come in the form of court-ordered treatment programs, tied to parole or drug court, and require legal participation. It’s also possible to be committed involuntarily in South Carolina if someone is a danger to themselves and others. A voluntary rehab facility cannot detain you without your own authority; no one can make you stay if you want to leave under most circumstances.
What rights do rehab clients have regarding medical treatment?
Clients in South Carolina have the right to informed consent. This means you should understand what treatments are being provided, why they are recommended, and any potential risks. You have the right to ask questions and participate in decisions about your care. You even have the right to refuse any care if it conflicts with your beliefs and wishes.
Are people in rehab protected from discrimination in South Carolina by an Employer?
In many cases, yes. Substance use disorder is recognized as a medical condition, and federal laws provide certain protections related to employment and disability. Because addiction is often rooted in both inherited traits and environmental factors, it is legally treated as a disability rather than a character flaw. Employers generally cannot discriminate solely because someone seeks treatment, though protections do not cover illegal activity or workplace policy violations. If you believe you’ve been treated unfairly, you can file a complaint with the South Carolina Human Affairs Commission (SCHAC) or the federal EEOC.
Examples of Protections vs. Limits
| Protected Situations | Unprotected Situations |
| Reasonable Accommodation: An employer allowing a flexible schedule so an employee can attend Narcotics Anonymous (NA) or outpatient therapy. | Current Use: An employer can legally fire or refuse to hire someone currently using illegal drugs, even if they claim they are “self-medicating.” |
| Medical History: A company cannot rescind a job offer just because they discovered a candidate attended rehab five years ago. | Policy Violations: If an employee is caught drinking or using drugs at work, the employer can discipline them regardless of a “disability” status. |
| Medication Access: A recovery home or employer generally cannot discriminate against someone for using prescribed recovery medications like Methadone or Suboxone. | Performance Standards: Employers can hold an employee in recovery to the same performance and behavior standards as any other employee. |
Do people in rehab have the right to safe and respectful care?
Absolutely. Licensed rehab facilities in South Carolina are required to provide a safe, respectful environment free from abuse, neglect, or harassment. You have the right to be treated with dignity and to raise concerns without fear of retaliation.
To report a facility in South Carolina, use these specific contacts:
- For Safety or Licensing (Medical/Detox): Contact the SC Department of Public Health (DPH) Healthcare Quality Hotline at 1-800-922-6735.
- For Rights Violations or Abuse: Contact the Long Term Care Ombudsman at 1-800-868-9095 (for residential facilities).
- For Discrimination: Contact the SC Department of Health and Human Services (SCDHHS) Civil Rights Official at 1-888-549-0820.
- For Counselor Misconduct: File a complaint with the SC Department of Labor, Licensing, and Regulation (LLR).
Get treatment with clarity and respect
Myrtle Beach Recovery offers a peer driven 28-day rehab program in South Carolina where privacy, safety, and client rights are taken seriously. If you or a loved one is considering finding a community and wants ethical, supportive care, contact Myrtle Beach Recovery today to learn more.
Frequently Asked Questions About Rehab Rights in South Carolina
Are rehab records shared with law enforcement in South Carolina?
Generally no, unless required by a court order or specific legal exception.
Can I leave rehab if I wasn’t court-ordered to attend?
In most voluntary programs, yes, though leaving early may carry personal or legal consequences depending on your situation.
Does my employer have to know I’m in rehab?
No, unless you choose to disclose it or specific job requirements apply.
Can I refuse certain treatments in rehab?
Yes. You have the right to informed consent and to ask questions about your care.
What should I do if I feel my rights are being violated?
You can raise concerns with facility leadership or seek outside advocacy or legal guidance.
DISCLAIMER
Myrtle Beach Recovery provides housing for individuals in recovery. We DO NOT provide medical or clinical help. We DO NOT supervise or accept any duty of care for residents in our houses. The houses are peer-driven, and we DO NOT have any paid staff living at the residences.
To be clear, individuals in early recovery presenting as suicidal or needing supervision ARE NOT a fit for our residences. Each resident and family members accept full responsibility and knowingly assumes all responsibilities for their well-being.
Each resident and all family members release Sanctuary Recovery Foundation, Sanctuary Recovery Centers, Myrtle Beach Recovery, and all its owners, staff, and volunteers from all liability.
We have simple guidelines/suggestions. We ARE not a treatment center.
