- 2025
69th Legislature 2025 HB0397.2
- 1 - Authorized Print Version – HB 397
1 HOUSE BILL NO. 397
2 INTRODUCED BY K. SULLIVAN, J. SECKINGER, P. ELVERUM, D. ZOLNIKOV, E. MATTHEWS, K. BOGNER
3
4 A BILL FOR AN ACT ENTITLED: “AN ACT GENERALLY REVISING LAWS RELATED TO PRIVACY IN
5 MENTAL HEALTH DIGITAL SERVICE; ESTABLISHING CONFIDENTIALITY STANDARDS FOR MENTAL
6 HEALTH DIGITAL SERVICE; PROVIDING FOR REMEDIES FOR NONCOMPLIANCE; AND PROVIDING A
7 DEFINITION.”
8
9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
10
11 NEW SECTION. Section 1.
12 (1) A mental health digital service is subject to the disclosure and confidentiality
13 provisions of Title 50, chapter 16, part 5, when handling health care information as defined in 50-16-504 on
14 behalf of an individual.
15 (2) A violation of this section may be enforced as provided in 50-16-552, and a person whose
16 information is disclosed in violation of Title 50, chapter 16, part 5, may pursue the remedies allowed in 50-16-
17 553.
18 (3) "Mental health digital service" means a mobile-based application or internet website that:
19 (a) collects, obtains, uses, possesses, or accesses information related to an individual's inferred or
20 diagnosed mental health or substance use disorder;
21 (b) markets itself as facilitating mental health or substance use disorder services to an individual;
22 and
23 (c) uses the information provided to facilitate mental health services, including diagnosis,
24 treatment, suggested therapies, and management of the mental health or substance use disorder for an
25 individual;
26 (D)33-22-138.
27
28 NEW SECTION. Section 2. [Section 1] is intended to be codified as an - 2025
69th Legislature 2025 HB0397.2
- 2 - Authorized Print Version – HB 397
1 integral part of Title 50, chapter 16, part 5, and the provisions of Title 50, chapter 16, part 5, apply to [section 1].
2 - END -