- 2025
69th Legislature 2025 HB 397
- 1 - Authorized Print Version – HB 397
ENROLLED BILL
AN ACT GENERALLY REVISING LAWS RELATED TO PRIVACY IN MENTAL HEALTH DIGITAL SERVICE;
ESTABLISHING CONFIDENTIALITY STANDARDS FOR MENTAL HEALTH DIGITAL SERVICE; PROVIDING
FOR REMEDIES FOR NONCOMPLIANCE; AND PROVIDING A DEFINITION.”
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1.
requirements. (1) A mental health digital service is subject to the disclosure and confidentiality provisions of
Title 50, chapter 16, part 5, when handling health care information as defined in 50-16-504 on behalf of an
individual.
(2) A violation of this section may be enforced as provided in 50-16-552, and a person whose
information is disclosed in violation of Title 50, chapter 16, part 5, may pursue the remedies allowed in 50-16-
553.
(3) "Mental health digital service" means a mobile-based application or internet website that:
(a) collects, obtains, uses, possesses, or accesses information related to an individual's inferred or
diagnosed mental health or substance use disorder;
(b) markets itself as facilitating mental health or substance use disorder services to an individual;
and and
(c) uses the information provided to facilitate mental health services, including diagnosis,
treatment, suggested therapies, and management of the mental health or substance use disorder for an
individual.
Section 2. [Section 1] is intended to be codified as an integral part of Title
50, chapter 16, part 5, and the provisions of Title 50, chapter 16, part 5, apply to [section 1]. - 2025
69th Legislature 2025 HB 397
- 2 - Authorized Print Version – HB 397
ENROLLED BILL- END - I hereby certify that the within bill,
HB 397, originated in the House.
___________________________________________
Chief Clerk of the House
___________________________________________
Speaker of the House
Signed this _______________________________day
of____________________________________, 2025.
___________________________________________
President of the Senate
Signed this _______________________________day
of____________________________________, 2025. HOUSE BILL NO. 397
INTRODUCED BY K. SULLIVAN, J. SECKINGER, P. ELVERUM, D. ZOLNIKOV, E. MATTHEWS, K. BOGNER
AN ACT GENERALLY REVISING LAWS RELATED TO PRIVACY IN MENTAL HEALTH DIGITAL SERVICE;
ESTABLISHING CONFIDENTIALITY STANDARDS FOR MENTAL HEALTH DIGITAL SERVICE; PROVIDING
FOR REMEDIES FOR NONCOMPLIANCE; AND PROVIDING A DEFINITION.”