§ 50-16-546 — Digital Health Care Information -- Confidentiality -- Penalties -- Additional Requirements -- Definition

50-16-546 . Digital health care information -- confidentiality -- penalties -- additional requirements -- definition. (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
(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.

Legislative History

En. Sec. 1, Ch. 273, L. 2025.